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[ { "text": "1. Short title \nThis Act may be cited as the Congressional Gold Medal Enhancement Act of 2004.", "id": "H120436B700824FD8A66BD98BA4AAF84B", "header": "Short title" }, { "text": "2. Reasonable standards established for Congressional gold medals \n(a) In general \nSection 5111 of title 31, United States Code, is amended by adding at the end the following new subsection: (e) congressional gold medal standards \n(1) Maximum number \nDuring any calendar year beginning after December 31, 2004, the Secretary of the Treasury may strike not more than 2 congressional gold medals for presentation pursuant to an Act of the Congress. (2) Program requirements \nThe Secretary may strike congressional gold medals only in accordance with the following requirements: (A) Recipients \nOnly an individual may be a recipient of a congressional gold medal. (B) Timing \nNo gold medal may be presented posthumously on behalf of any individual except during the 20-year period beginning 5 years after the death of the individual (unless the Act of Congress authorizing the striking of such medal was enacted before the death of such individual)..", "id": "H9E9D7B9D47244E25A9E1BC28F3A858E", "header": "Reasonable standards established for Congressional gold medals" } ]

[ { "text": "1. Temporary reduction of duty on sorbic acid \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.11 Sorbic acid (CAS No. 110-44-1) (provided for in subheading 2916.19.20) 1.5% No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Temporary reduction of duty on sorbic acid" } ]

[ { "text": "1. Parole \nPart III of title 18, United States Code, is amended by inserting before chapter 313 the following: 312 Parole \nSec 4201. Parole Commission created 4202. Powers and duties of the Commission 4203. Powers and duties of the Chairman 4204. Time of eligibility for release on parole 4205. Parole determination criteria 4206. Information considered 4207. Parole determination proceeding; time 4208. Conditions of parole 4209. Jurisdiction of Commission 4210. Early termination of parole 4211. Aliens 4212. Summons to appear or warrant for retaking of parolee 4213. Revocation of parole 4214. Appeal 4215. Applicability of Administrative Procedure Act 4216. Definitions 4201. Parole Commission created \n(a) Generally \nThere is hereby established, as an independent agency in the Department of Justice, a United States Parole Commission which shall be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate from among the Commissioners one to serve as Chairman. (b) Term \nThe term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has been appointed and qualified, except that no Commissioner may serve in excess of twelve years. (c) Compensation \nCommissioners shall be compensated at the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates ( 5 U.S.C. 5332 ). 4202. Powers and duties of the Commission \n(a) Administrative powers \nThe Commission shall meet at least quarterly, and by majority vote shall— (1) make rules establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; (2) create such regions as are necessary to carry out this chapter; and (3) ratify, revise, or deny any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. (b) Substantive powers \nThe Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to— (1) grant or deny an application or recommendation to parole any eligible prisoner; (2) impose reasonable conditions on an order granting parole; (3) modify or revoke an order paroling any eligible prisoner; and (4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall bear excessive caseloads. (c) Delegation \nThe Commission, by majority vote, and pursuant to rules and regulations— (1) may delegate to any Commissioner or commissioners powers enumerated in subsection (b) of this section; (2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpoenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; (3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and (4) may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except that any such decision so reviewed must be reaffirmed, modified or reversed within thirty days of the date the decision is rendered, and, in case of such review, the individual to whom the decision applies shall be informed in writing of the Commission’s actions with respect thereto and the reasons for such actions. (d) Quorum \nExcept as otherwise provided by law, any action taken by the Commission pursuant to subsection (a) of this section shall be taken by a majority vote of all individuals currently holding office as members of the Commission which shall maintain and make available for public inspection a record of the final vote of each member on statements of policy and interpretations adopted by it. In so acting, each Commissioner shall have equal responsibility and authority, shall have full access to all information relating to the performance of such duties and responsibilities, and shall have one vote. (e) Cooperation with States \n(1) Generally \nThe Commission shall, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such agency, with respect to individuals who are under the jurisdiction of the Commission, who have been convicted of felony offenses against the United States, and who reside, are employed, or are supervised in the geographical area in which such agency has jurisdiction, the following information maintained by the Commission (to the extent that the Commission maintains such information)— (A) the names of such individuals; (B) the addresses of such individuals; (C) the dates of birth of such individuals; (D) the Federal Bureau of Investigation numbers assigned to such individuals; (E) photographs and fingerprints of such individuals; and (F) the nature of the offenses against the United States of which each such individual has been convicted and the factual circumstances relating to such offense. (2) Nondissemination requirement \nAny law enforcement agency which receives information under this subsection shall not disseminate such information outside of such agency. 4203. Powers and duties of the Chairman \n(a) Generally \nThe Chairman shall— (1) convene and preside at meetings of the Commission under section 4202 and such additional meetings of the Commission as the Chairman may call or as may be requested in writing by at least three Commissioners; (2) appoint, fix the compensation of, assign, and supervise all personnel employed by the Commission except that— (A) the appointment of any administrative law judge shall be subject to approval of the Commission within the first year of judge’s employment; and (B) regional Commissioners shall appoint and supervise such personnel employed regularly and full time in their respective regions as are compensated at a rate up to and including grade 9 of the General Schedule pay rates ( 5 U.S.C. 5332 ); (3) assign duties among officers and employees of the Commission, including Commissioners, so as to balance the workload and provide for orderly administration; (4) direct the preparation of requests for appropriations for the Commission, and the use of funds made available to the Commission; (5) designate not fewer than three Commissioners to serve on the National Appeals Board of whom one shall be so designated to serve as vice chairman of the Commission (who shall act as Chairman of the Commission in the absence or disability of the Chairman or in the event of the vacancy of the Chairmanship), and designate, for each such region established under section 4202, one Commissioner to serve as regional Commissioner in each such region, but in each such designation the Chairman shall consider years of service, personal preference and fitness, and no such designation shall take effect unless concurred in by the President, or his designee; (6) serve as spokesman for the Commission and report annually to Congress on the activities of the Commission; and (7) exercise such other powers and duties and perform such other functions as may be necessary to carry out the purposes of this chapter or as may be otherwise provided by law. (b) Administrative powers \nThe Chairman shall have the power to— (1) without regard to section 3324(a) and (b) of title 31, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (2) accept voluntary and uncompensated services, notwithstanding section 1342 of title 31; (3) procure for the Commission temporary and intermittent services under section 3109(b) of title 5, United States Code; (4) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the parole process; (5) carry out programs of research concerning the parole process to develop classification systems which describe types of offenders, and to develop theories and practices which can be applied to the different types of offenders; (6) publish data concerning the parole process; (7) devise and conduct, in various geographical locations, seminars, workshops and training programs providing continuing studies and instruction for personnel of Federal, State and local agencies and private and public organizations working with parolees and connected with the parole process; and (8) use the services, equipment, personnel, information, facilities, and instrumentalities with or without reimbursement therefor of other Federal, State, local, and private agencies with their consent. (c) Policies to be followed \nIn carrying out his functions under this section, the Chairman shall be governed by the national parole policies promulgated by the Commission. 4204. Time of eligibility for release on parole \n(a) Generally \nWhenever confined and serving a definite term or terms of more than one year, a prisoner shall be eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence (other than a life sentence imposed by the court without possibility of parole) or of a sentence of over thirty years, except to the extent otherwise provided by law. (b) Courts’ power at time of sentencing \nUpon entering a judgment of conviction, the court having jurisdiction to impose sentence, when in its opinion the ends of justice and best interest of the public require that the defendant be sentenced to imprisonment for a term exceeding one year (other than a life sentence imposed by the court without possibility of parole), may— (1) designate in the sentence of imprisonment imposed a minimum term at the expiration of which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one-third of the maximum sentence imposed by the court; or (2) fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine. (c) Information for court \n(1) Commitment for study \nIf the court desires more detailed information as a basis for determining the sentence to be imposed, the court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law, for a study as described in subsection (d). (2) Report to court \nThe results of such study, together with any recommendations which the Director of the Bureau of Prisons believes would be helpful in determining the disposition of the case, shall be furnished to the court within three months unless the court grants time, not to exceed an additional three months, for further study. (3) Court order \nAfter receiving such reports and recommendations, the court may in its discretion— (A) place the offender on probation as authorized by section 3651; or (B) affirm the sentence of imprisonment originally imposed, or reduce the sentence of imprisonment, and commit the offender under any applicable provision of law. (4) Commencement of term of sentence \nThe term of the sentence shall run from the date of original commitment under this section. (d) Study of prisoner sentenced to imprisonment \nUpon commitment of a prisoner sentenced to imprisonment under subsection (a) or (b), the Director, under such regulations as the Attorney General may prescribe, shall cause a complete study to be made of the prisoner and shall furnish to the Commission a summary report together with any recommendations which in his opinion would be helpful in determining the suitability of the prisoner for parole. This report may include data regarding the prisoner’s previous delinquency or criminal experience, pertinent circumstances of the prisoner’s social background and capabilities, the prisoner’s mental and physical health, and such other factors the Director considers pertinent. The Commission may make such other investigation as it may deem necessary. (e) Duty of probation officers \nUpon request of the Commission, it shall be the duty of the various probation officers and government bureaus and agencies to furnish the Commission information available to such officer, bureau, or agency, concerning any eligible prisoner or parolee and whenever not incompatible with the public interest, their views and recommendation with respect to any matter within the jurisdiction of the Commission. (f) Short prison terms \nAny prisoner sentenced to imprisonment for a term or terms of not less than six months but not more than one year shall be released at the expiration of such sentence less good time deductions provided by law, unless the court which imposed sentence, shall, at the time of sentencing, provide for the prisoner’s release as if on parole after service of one-third of such term or terms notwithstanding section 4164. This subsection does not prevent delivery of any person released on parole to the authorities of any State otherwise entitled to his custody. (g) Reduction in sentence \nAt any time upon motion of the Bureau of Prisons, the court may reduce any minimum term to the time the defendant has served. The court shall have jurisdiction to act upon the application at any time and no hearing shall be required. (h) Disclaimer \nNothing in this chapter shall be construed to provide that any prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law. 4205. Parole determination criteria \n(a) Generally \nIf an eligible prisoner has substantially observed the rules of the institution or institutions to which he has been confined, and if the Commission, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, determines that release would not— (1) depreciate the seriousness of his offense or promote disrespect for the law; or (2) jeopardize the public welfare; such prisoner shall be released. (b) Notice to prisoner \nThe Commission shall furnish the eligible prisoner with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the parole determination proceeding. If parole is denied such notice shall state with particularity the reasons for such denial. (c) Good cause exception \nThe Commission may grant or deny release on parole notwithstanding the guidelines referred to in subsection (a) of this section if it determines there is good cause for so doing, if the prisoner is furnished written notice stating with particularity the reasons for its determination, including a summary of the information relied upon. (d) Release after 2/3 of sentence \nAny prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served two-thirds of each consecutive term or terms, or after serving 30 years of each consecutive term or terms of more than 45 years including any life term (other than a life term imposed by the court without possibility of parole), whichever is earlier, but the Commission shall not release such prisoner if it determines that the prisoner has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime. 4206. Information considered \nIn making a determination under this chapter (relating to release on parole) the Commission shall consider, if available and relevant— (1) reports and recommendations which the staff of the facility in which such prisoner is confined may make; (2) official reports of the prisoner’s prior criminal record, including a report or record of earlier probation and parole experiences; (3) presentence investigation reports; (4) recommendations regarding the prisoner’s parole made at the time of sentencing by the sentencing judge; (5) a statement, which may be presented orally or otherwise, by any victim of the offense for which the prisoner is imprisoned about the financial, social, psychological, and emotional harm done to, or loss suffered by such victim; (6) reports of physical, mental, or psychiatric examination of the offender; and (7) such additional relevant information concerning the prisoner (including information submitted by the prisoner) as may be reasonably available. 4207. Parole determination proceeding; time \n(a) General rule \nIn making a determination under this chapter (relating to parole) the Commission shall conduct a parole determination proceeding unless it determines on the basis of the prisoner’s record that the prisoner will be released on parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole under subsections (a) and (b)(1) of section 4204 shall be held not later than 30 days before the date of such eligibility for parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsection (b)(2) of section 4204 or released on parole and whose parole has been revoked shall be held not later than 120 days following such prisoner’s imprisonment or reimprisonment in a Federal institution, as the case may be. An eligible prisoner may knowingly and intelligently waive any proceeding. (b) Preparation \n(1) At least 30 days before any parole determination proceeding, the prisoner shall be provided with— (A) written notice of the time and place of the proceeding; and (B) reasonable access to a report or other document to be used by the Commission in making its determination. (2) A prisoner may waive such notice, but if notice is not waived the proceeding shall be held during the next regularly scheduled proceedings by the Commission at the institution in which the prisoner is confined. (c) Exceptions to disclosure \n(1) Subsection (b)(1)(B) does not apply to— (A) diagnostic opinions which, if made known to the eligible prisoner, could lead to a serious disruption of his institutional program; (B) any document which reveals sources of information obtained upon a promise of confidentiality; or (C) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. (2) If any document is deemed by either the Commission, the Bureau of Prisons, or any other agency to fall within the exclusionary provisions of paragraph (1), then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. (d) Consultation \n(1) During the period before the parole determination proceeding as provided in subsection (b), a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. (2) The prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. (e) Personal appearance of prisoner \nThe prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. (f) Record \nA full and complete record of every proceeding shall be retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. (g) Personal conference \nIf parole is denied, a personal conference to explain the reasons for such denial shall be held, if feasible, between the prisoner and a representative of the Commission at the conclusion of the proceeding. When feasible, the conference shall include advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. (h) Frequency of parole determination proceedings \nIn any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: (1) 18 months in the case of a prisoner with a term or terms of more than one year but less than seven years; and (2) 24 months in the case of a prisoner with a term or terms of seven years or longer. 4208. Conditions of parole \n(a) Mandatory conditions \nIn every case, the Commission shall impose as conditions of parole that the parolee not commit another Federal, State, or local crime, that the parolee not possess illegal controlled substances, and, if a fine was imposed, that the parolee make a diligent effort to pay the fine in accordance with the judgment. In every case, the Commission shall impose as a condition of parole for a person described in section 4042(c)(4), that the parolee report the address where the parolee will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the parolee register in any State where the parolee resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994 ). In every case, the Commission shall impose as a condition of parole that the parolee cooperate in the collection of a DNA sample from the parolee, if the collection of such a sample is authorized pursuant to section 3 or section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 1565 of title 10. In every case, the Commission shall also impose as a condition of parole that the parolee pass a drug test prior to release and refrain from any unlawful use of a controlled substance and submit to at least 2 periodic drug tests (as determined by the Commission) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the Commission for any individual parolee if it determines that there is good cause for doing so. The results of a drug test administered in accordance with the provisions of the preceding sentence shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The Commission shall consider whether the availability of appropriate substance abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 4214(f) when considering any action against a defendant who fails a drug test. (b) Other conditions \nThe Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— (1) the nature and circumstances of the offense; and (2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. (c) Specificity of conditions \nThe conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his parole. An effort shall be made to make certain that the parolee understands the conditions of his parole. (d) Additional conditions \n(1) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require— (A) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or (B) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration. (2) A parolee residing in a residential community treatment center pursuant to paragraph (1)(A) may be required to pay such costs incident to such residence as the Commission deems appropriate. (e) Modification \n(1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee, if the parolee receives notice of such action and has ten days after receipt of such notice to express views on the proposed modification. Following such ten-day period, the Commission shall have 21 days, exclusive of holidays, to act upon such motion or application. Notwithstanding any other provision of this paragraph, the Commission may modify conditions of parole, without regard to such ten-day period, on any such motion if the Commission determines that the immediate modification of conditions of parole is required to prevent harm to the parolee or to the public. (2) A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section. (3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4213. 4209. Jurisdiction of Commission \n(a) Custody \nA parolee shall remain in the legal custody and under the control of the Attorney General, until the expiration of the maximum term or terms for which such parolee was sentenced. (b) Termination \nExcept as otherwise provided in this section, the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced, except that— (1) such jurisdiction shall terminate at an earlier date to the extent provided under section 4164 (relating to mandatory release) or section 4211 (relating to early termination of parole supervision), and (2) in the case of a parolee who has been convicted of any criminal offense committed subsequent to his release on parole, and such offense is punishable by a term of imprisonment, detention or incarceration in any penal facility, the Commission shall determine, in accordance with the provisions of section 4214(b) or (c), whether all or any part of the unexpired term being served at the time of parole shall run concurrently or consecutively with the sentence imposed for the new offense, but in no case shall such service together with such time as the parolee has previously served in connection with the offense for which he was paroled, be longer than the maximum term for which he was sentenced in connection with such offense. (c) Extension \nIn the case of any parolee found to have intentionally refused or failed to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent thereof, the jurisdiction of the Commission may be extended for the period during which the parolee so refused or failed to respond. (d) Concurrence of running of term \nThe parole of any parolee shall run concurrently with the period of parole or probation under any other Federal, State, or local sentence. (e) Certificate of discharge \nUpon the termination of the jurisdiction of the Commission over any parolee, the Commission shall issue a certificate of discharge to such parolee and to such other agencies as it may determine. 4210. Early termination of parole \n(a) In general \nUpon its own motion or upon request of the parolee, the Commission may terminate supervision over a parolee prior to the termination of jurisdiction under section 4209. (b) Review \nTwo years after each parolee’s release on parole, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. In calculating such two-year period there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. (c) Presumptive termination \n(1) Five years after each parolee’s release on parole, the Commission shall terminate supervision over such parolee unless it is determined, after a hearing conducted in accordance with the procedures prescribed in section 4213(a)(2), that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. (2) If supervision is not terminated under subparagraph (1) of this subsection the parolee may request a hearing annually thereafter, and a hearing, with procedures as provided in subparagraph (1) of this subsection, shall be conducted with respect to such termination of supervision not less frequently than biennially. (3) In calculating the five-year period referred to in subparagraph (1), there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. 4211. Aliens \nWhen an alien prisoner subject to deportation becomes eligible for parole, the Commission may authorize the release of such prisoner on condition that such person be deported and remain outside the United States. Such prisoner when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation. 4212. Summons to appear or warrant for retaking of parolee \n(a) In general \nIf any parolee is alleged to have violated his parole, the Commission may— (1) summon such parolee to appear at a hearing conducted pursuant to section 4213; or (2) issue a warrant and retake the parolee as provided in this section. (b) Issuance \nAny summons or warrant issued under this section shall be issued by the Commission as soon as practicable after discovery of the alleged violation, except when delay is deemed necessary. Imprisonment in an institution shall not be deemed grounds for delay of such issuance, except that, in the case of any parolee charged with a criminal offense, issuance of a summons or warrant may be suspended pending disposition of the charge. (c) Contents \nAny summons or warrant issued pursuant to this section shall provide the parolee with written notice of— (1) the conditions of parole he is alleged to have violated as provided under section 4208; (2) the parolee’s rights under this chapter; and (3) the possible action which may be taken by the Commission. (d) Execution of warrant \nAny officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning the parolee to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct. 4213. Revocation of parole \n(a) Rights of parolee \n(1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have— (A) a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole; and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if— (i) continuation of revocation proceedings is not warranted; or (ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; (iii) the parolee is not likely to fail to appear for further proceedings; and (iv) the parolee does not constitute a danger to himself or others; and (B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within 60 days of such determination of probable cause, except that a revocation hearing may be held at the same time and place set for the preliminary hearing. (2) Hearings held pursuant to subparagraph (1) shall be conducted by the Commission in accordance with the following procedures: (A) Notice to the parolee of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing. (B) Opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. (C) Opportunity for the parolee to appear and testify, and present witnesses and relevant evidence. (D) Opportunity for the parolee to be apprised of the evidence against the parolee and, if the parolee so requests, to confront and cross-examine adverse witnesses, unless the Commission specifically finds substantial reason for not so allowing. (3) For the purposes of subparagraph (1) of this subsection, the Commission may subpoena witnesses and evidence, and pay witness fees as established for the courts of the United States. If a person refuses to obey such a subpoena, the Commission may petition a court of the United States for the judicial district in which such parole proceeding is being conducted, or in which such person may be found, to request such person to attend, testify, and produce evidence. The court may issue an order requiring such person to appear before the Commission, when the court finds such information, thing, or testimony directly related to a matter with respect to which the Commission is empowered to make a determination under this section. Failure to obey such an order is punishable by such court as a contempt. All process in such a case may be served in the judicial district in which such a parole proceeding is being conducted, or in which such person may be found. (b) Effect of conviction \n(1) Conviction for any criminal offense committed subsequent to release on parole shall constitute probable cause for purposes of subsection (a) of this section. In cases in which a parolee has been convicted of such an offense and is serving a new sentence in an institution, a parole revocation warrant or summons issued pursuant to section 4213 may be placed against the parolee as a detainer. Such detainer shall be reviewed by the Commission within one hundred and eighty days of notification to the Commission of placement. The parolee shall receive notice of the pending review, have an opportunity to submit a written application containing information relative to the disposition of the detainer, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section to assist him in the preparation of such application. (2) If the Commission determines that additional information is needed to review a detainer, a dispositional hearing may be held at the institution where the parolee is confined. The parolee shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section. (3) Following the disposition review, the Commission may: (A) let the detainer stand; or (B) withdraw the detainer. (c) Hearing \nAny alleged parole violator who is summoned or retaken by warrant under section 4213 who knowingly and intelligently waives the right to a hearing under subsection (a) of this section, or who knowingly and intelligently admits violation at a preliminary hearing held pursuant to subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection (b) of this section, shall receive a revocation hearing within 90 days of the date of retaking. The Commission may conduct such hearing at the institution to which he has been returned, and the alleged parole violator shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel or another representative as provided in subsection (a)(2)(B) of this section. (d) Actions of the Commission \nWhenever a parolee is summoned or retaken pursuant to section 4213, and the Commission finds pursuant to the procedures of this section and by a preponderance of the evidence that the parolee has violated a condition of his parole the Commission may take any of the following actions: (1) Restore the parolee to supervision. (2) Reprimand the parolee. (3) Modify the parolee’s conditions of the parole. (4) Refer the parolee to a residential community treatment center for all or part of the remainder of his original sentence. (5) Formally revoke parole or release as if on parole pursuant to this title. The Commission may take any such action provided it has taken into consideration whether or not the parolee has been convicted of any Federal, State, or local crime subsequent to his release on parole, and the seriousness thereof, or whether such action is warranted by the frequency or seriousness of the parolee’s violation of any other condition or conditions of his parole. (e) Written notice \nThe Commission shall furnish the parolee with a written notice of its determination not later than 21 days, excluding holidays, after the date of the revocation hearing. If parole is revoked, a digest shall be prepared by the Commission setting forth in writing the factors considered and reasons for such action, a copy of which shall be given to the parolee. (f) Controlled substance possession \nNotwithstanding any other provision of this section, the Commission shall revoke the parole of a parolee who is found by the Commission to be in possession of a controlled substance. 4214. Appeal \n(a) Application \nWhenever parole release is denied under section 4205, parole conditions are imposed or modified under section 4208, parole discharge is denied under section 4210(c), or parole is modified or revoked under section 4213, the individual to whom any such decision applies may appeal such decision by submitting a written application to the National Appeal (Appeals) Board not later than 30 days following the date on which the decision is rendered. (b) Requirement to Act \nThe National Appeals Board, upon receipt of the appellant’s papers, must act pursuant to rules and regulations within 60 days to reaffirm, modify, or reverse the decision and shall inform the appellant in writing of the decision and the reasons therefor. (c) Attorney general’s request \nThe National Appeals Board may review any decision of a regional commissioner upon the written request of the Attorney General filed not later than 30 days following the decision and, by majority vote, shall reaffirm, modify, or reverse the decision within 60 days of the receipt of the Attorney General’s request. The Board shall inform the Attorney General and the individual to whom the decision applies in writing of its decision and the reasons therefor. 4215. Applicability of administrative procedure Act \n(a) Generally \nFor purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555, 556, and 557, the Commission is an agency as defined in such chapter. (b) Special rule \nFor purposes of subsection (a) of this section, section 553(b)(3)(A) of title 5, United States Code, relating to rulemaking, shall be deemed not to include the phrase general statements of policy. (c) Judicial review \nTo the extent that actions of the Commission pursuant to section 4202(a)(1) are not in accord with section 553 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. (d) Nonreviewable actions \nActions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4202(b) shall be considered actions committed to agency discretion for purposes of section 701(a)(2) of title 5, United States Code. 4216. Definitions \nAs used in this chapter— (1) the term Commission means the United States Parole Commission; (2) the term Commissioner means any member of the United States Parole Commission; (3) the term Director means the Director of the Bureau of Prisons; (4) the term eligible prisoner means any Federal prisoner who is eligible for parole pursuant to this title or any other law, including any Federal prisoner whose parole has been revoked and who is not otherwise ineligible for parole; (5) the term parolee means any eligible prisoner who has been released on parole or deemed as if released on parole under section 4164 or section 4205(f); and (6) the term rules means rules made by the Commission under section 4203..", "id": "H95FD65954FC949D697CC48ACA0D1BB3E", "header": "Parole" }, { "text": "4201. Parole Commission created \n(a) Generally \nThere is hereby established, as an independent agency in the Department of Justice, a United States Parole Commission which shall be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate from among the Commissioners one to serve as Chairman. (b) Term \nThe term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has been appointed and qualified, except that no Commissioner may serve in excess of twelve years. (c) Compensation \nCommissioners shall be compensated at the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates ( 5 U.S.C. 5332 ).", "id": "H625547171D3842AF8FDE13F06E2C1BF", "header": "Parole Commission created" }, { "text": "4202. Powers and duties of the Commission \n(a) Administrative powers \nThe Commission shall meet at least quarterly, and by majority vote shall— (1) make rules establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; (2) create such regions as are necessary to carry out this chapter; and (3) ratify, revise, or deny any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. (b) Substantive powers \nThe Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to— (1) grant or deny an application or recommendation to parole any eligible prisoner; (2) impose reasonable conditions on an order granting parole; (3) modify or revoke an order paroling any eligible prisoner; and (4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall bear excessive caseloads. (c) Delegation \nThe Commission, by majority vote, and pursuant to rules and regulations— (1) may delegate to any Commissioner or commissioners powers enumerated in subsection (b) of this section; (2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpoenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; (3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and (4) may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except that any such decision so reviewed must be reaffirmed, modified or reversed within thirty days of the date the decision is rendered, and, in case of such review, the individual to whom the decision applies shall be informed in writing of the Commission’s actions with respect thereto and the reasons for such actions. (d) Quorum \nExcept as otherwise provided by law, any action taken by the Commission pursuant to subsection (a) of this section shall be taken by a majority vote of all individuals currently holding office as members of the Commission which shall maintain and make available for public inspection a record of the final vote of each member on statements of policy and interpretations adopted by it. In so acting, each Commissioner shall have equal responsibility and authority, shall have full access to all information relating to the performance of such duties and responsibilities, and shall have one vote. (e) Cooperation with States \n(1) Generally \nThe Commission shall, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such agency, with respect to individuals who are under the jurisdiction of the Commission, who have been convicted of felony offenses against the United States, and who reside, are employed, or are supervised in the geographical area in which such agency has jurisdiction, the following information maintained by the Commission (to the extent that the Commission maintains such information)— (A) the names of such individuals; (B) the addresses of such individuals; (C) the dates of birth of such individuals; (D) the Federal Bureau of Investigation numbers assigned to such individuals; (E) photographs and fingerprints of such individuals; and (F) the nature of the offenses against the United States of which each such individual has been convicted and the factual circumstances relating to such offense. (2) Nondissemination requirement \nAny law enforcement agency which receives information under this subsection shall not disseminate such information outside of such agency.", "id": "HAEBECC41E23D4EB0AFF9EE00CCDB3DF7", "header": "Powers and duties of the Commission" }, { "text": "4203. Powers and duties of the Chairman \n(a) Generally \nThe Chairman shall— (1) convene and preside at meetings of the Commission under section 4202 and such additional meetings of the Commission as the Chairman may call or as may be requested in writing by at least three Commissioners; (2) appoint, fix the compensation of, assign, and supervise all personnel employed by the Commission except that— (A) the appointment of any administrative law judge shall be subject to approval of the Commission within the first year of judge’s employment; and (B) regional Commissioners shall appoint and supervise such personnel employed regularly and full time in their respective regions as are compensated at a rate up to and including grade 9 of the General Schedule pay rates ( 5 U.S.C. 5332 ); (3) assign duties among officers and employees of the Commission, including Commissioners, so as to balance the workload and provide for orderly administration; (4) direct the preparation of requests for appropriations for the Commission, and the use of funds made available to the Commission; (5) designate not fewer than three Commissioners to serve on the National Appeals Board of whom one shall be so designated to serve as vice chairman of the Commission (who shall act as Chairman of the Commission in the absence or disability of the Chairman or in the event of the vacancy of the Chairmanship), and designate, for each such region established under section 4202, one Commissioner to serve as regional Commissioner in each such region, but in each such designation the Chairman shall consider years of service, personal preference and fitness, and no such designation shall take effect unless concurred in by the President, or his designee; (6) serve as spokesman for the Commission and report annually to Congress on the activities of the Commission; and (7) exercise such other powers and duties and perform such other functions as may be necessary to carry out the purposes of this chapter or as may be otherwise provided by law. (b) Administrative powers \nThe Chairman shall have the power to— (1) without regard to section 3324(a) and (b) of title 31, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (2) accept voluntary and uncompensated services, notwithstanding section 1342 of title 31; (3) procure for the Commission temporary and intermittent services under section 3109(b) of title 5, United States Code; (4) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the parole process; (5) carry out programs of research concerning the parole process to develop classification systems which describe types of offenders, and to develop theories and practices which can be applied to the different types of offenders; (6) publish data concerning the parole process; (7) devise and conduct, in various geographical locations, seminars, workshops and training programs providing continuing studies and instruction for personnel of Federal, State and local agencies and private and public organizations working with parolees and connected with the parole process; and (8) use the services, equipment, personnel, information, facilities, and instrumentalities with or without reimbursement therefor of other Federal, State, local, and private agencies with their consent. (c) Policies to be followed \nIn carrying out his functions under this section, the Chairman shall be governed by the national parole policies promulgated by the Commission.", "id": "H26A74E63C8C7441EBF21AFFB118D8FF6", "header": "Powers and duties of the Chairman" }, { "text": "4204. Time of eligibility for release on parole \n(a) Generally \nWhenever confined and serving a definite term or terms of more than one year, a prisoner shall be eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence (other than a life sentence imposed by the court without possibility of parole) or of a sentence of over thirty years, except to the extent otherwise provided by law. (b) Courts’ power at time of sentencing \nUpon entering a judgment of conviction, the court having jurisdiction to impose sentence, when in its opinion the ends of justice and best interest of the public require that the defendant be sentenced to imprisonment for a term exceeding one year (other than a life sentence imposed by the court without possibility of parole), may— (1) designate in the sentence of imprisonment imposed a minimum term at the expiration of which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one-third of the maximum sentence imposed by the court; or (2) fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine. (c) Information for court \n(1) Commitment for study \nIf the court desires more detailed information as a basis for determining the sentence to be imposed, the court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law, for a study as described in subsection (d). (2) Report to court \nThe results of such study, together with any recommendations which the Director of the Bureau of Prisons believes would be helpful in determining the disposition of the case, shall be furnished to the court within three months unless the court grants time, not to exceed an additional three months, for further study. (3) Court order \nAfter receiving such reports and recommendations, the court may in its discretion— (A) place the offender on probation as authorized by section 3651; or (B) affirm the sentence of imprisonment originally imposed, or reduce the sentence of imprisonment, and commit the offender under any applicable provision of law. (4) Commencement of term of sentence \nThe term of the sentence shall run from the date of original commitment under this section. (d) Study of prisoner sentenced to imprisonment \nUpon commitment of a prisoner sentenced to imprisonment under subsection (a) or (b), the Director, under such regulations as the Attorney General may prescribe, shall cause a complete study to be made of the prisoner and shall furnish to the Commission a summary report together with any recommendations which in his opinion would be helpful in determining the suitability of the prisoner for parole. This report may include data regarding the prisoner’s previous delinquency or criminal experience, pertinent circumstances of the prisoner’s social background and capabilities, the prisoner’s mental and physical health, and such other factors the Director considers pertinent. The Commission may make such other investigation as it may deem necessary. (e) Duty of probation officers \nUpon request of the Commission, it shall be the duty of the various probation officers and government bureaus and agencies to furnish the Commission information available to such officer, bureau, or agency, concerning any eligible prisoner or parolee and whenever not incompatible with the public interest, their views and recommendation with respect to any matter within the jurisdiction of the Commission. (f) Short prison terms \nAny prisoner sentenced to imprisonment for a term or terms of not less than six months but not more than one year shall be released at the expiration of such sentence less good time deductions provided by law, unless the court which imposed sentence, shall, at the time of sentencing, provide for the prisoner’s release as if on parole after service of one-third of such term or terms notwithstanding section 4164. This subsection does not prevent delivery of any person released on parole to the authorities of any State otherwise entitled to his custody. (g) Reduction in sentence \nAt any time upon motion of the Bureau of Prisons, the court may reduce any minimum term to the time the defendant has served. The court shall have jurisdiction to act upon the application at any time and no hearing shall be required. (h) Disclaimer \nNothing in this chapter shall be construed to provide that any prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law.", "id": "H22DEC82FF5B84F88A8C2131D736B452E", "header": "Time of eligibility for release on parole" }, { "text": "4205. Parole determination criteria \n(a) Generally \nIf an eligible prisoner has substantially observed the rules of the institution or institutions to which he has been confined, and if the Commission, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, determines that release would not— (1) depreciate the seriousness of his offense or promote disrespect for the law; or (2) jeopardize the public welfare; such prisoner shall be released. (b) Notice to prisoner \nThe Commission shall furnish the eligible prisoner with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the parole determination proceeding. If parole is denied such notice shall state with particularity the reasons for such denial. (c) Good cause exception \nThe Commission may grant or deny release on parole notwithstanding the guidelines referred to in subsection (a) of this section if it determines there is good cause for so doing, if the prisoner is furnished written notice stating with particularity the reasons for its determination, including a summary of the information relied upon. (d) Release after 2/3 of sentence \nAny prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served two-thirds of each consecutive term or terms, or after serving 30 years of each consecutive term or terms of more than 45 years including any life term (other than a life term imposed by the court without possibility of parole), whichever is earlier, but the Commission shall not release such prisoner if it determines that the prisoner has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime.", "id": "H2826F229DA464F798500ED64AF73008D", "header": "Parole determination criteria" }, { "text": "4206. Information considered \nIn making a determination under this chapter (relating to release on parole) the Commission shall consider, if available and relevant— (1) reports and recommendations which the staff of the facility in which such prisoner is confined may make; (2) official reports of the prisoner’s prior criminal record, including a report or record of earlier probation and parole experiences; (3) presentence investigation reports; (4) recommendations regarding the prisoner’s parole made at the time of sentencing by the sentencing judge; (5) a statement, which may be presented orally or otherwise, by any victim of the offense for which the prisoner is imprisoned about the financial, social, psychological, and emotional harm done to, or loss suffered by such victim; (6) reports of physical, mental, or psychiatric examination of the offender; and (7) such additional relevant information concerning the prisoner (including information submitted by the prisoner) as may be reasonably available.", "id": "H47FAD67BC49A4ED494610929003FAAAD", "header": "Information considered" }, { "text": "4207. Parole determination proceeding; time \n(a) General rule \nIn making a determination under this chapter (relating to parole) the Commission shall conduct a parole determination proceeding unless it determines on the basis of the prisoner’s record that the prisoner will be released on parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole under subsections (a) and (b)(1) of section 4204 shall be held not later than 30 days before the date of such eligibility for parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsection (b)(2) of section 4204 or released on parole and whose parole has been revoked shall be held not later than 120 days following such prisoner’s imprisonment or reimprisonment in a Federal institution, as the case may be. An eligible prisoner may knowingly and intelligently waive any proceeding. (b) Preparation \n(1) At least 30 days before any parole determination proceeding, the prisoner shall be provided with— (A) written notice of the time and place of the proceeding; and (B) reasonable access to a report or other document to be used by the Commission in making its determination. (2) A prisoner may waive such notice, but if notice is not waived the proceeding shall be held during the next regularly scheduled proceedings by the Commission at the institution in which the prisoner is confined. (c) Exceptions to disclosure \n(1) Subsection (b)(1)(B) does not apply to— (A) diagnostic opinions which, if made known to the eligible prisoner, could lead to a serious disruption of his institutional program; (B) any document which reveals sources of information obtained upon a promise of confidentiality; or (C) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. (2) If any document is deemed by either the Commission, the Bureau of Prisons, or any other agency to fall within the exclusionary provisions of paragraph (1), then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. (d) Consultation \n(1) During the period before the parole determination proceeding as provided in subsection (b), a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. (2) The prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. (e) Personal appearance of prisoner \nThe prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. (f) Record \nA full and complete record of every proceeding shall be retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. (g) Personal conference \nIf parole is denied, a personal conference to explain the reasons for such denial shall be held, if feasible, between the prisoner and a representative of the Commission at the conclusion of the proceeding. When feasible, the conference shall include advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. (h) Frequency of parole determination proceedings \nIn any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: (1) 18 months in the case of a prisoner with a term or terms of more than one year but less than seven years; and (2) 24 months in the case of a prisoner with a term or terms of seven years or longer.", "id": "HFF7277222B474AB29269B4294360A5E5", "header": "Parole determination proceeding; time" }, { "text": "4208. Conditions of parole \n(a) Mandatory conditions \nIn every case, the Commission shall impose as conditions of parole that the parolee not commit another Federal, State, or local crime, that the parolee not possess illegal controlled substances, and, if a fine was imposed, that the parolee make a diligent effort to pay the fine in accordance with the judgment. In every case, the Commission shall impose as a condition of parole for a person described in section 4042(c)(4), that the parolee report the address where the parolee will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the parolee register in any State where the parolee resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994 ). In every case, the Commission shall impose as a condition of parole that the parolee cooperate in the collection of a DNA sample from the parolee, if the collection of such a sample is authorized pursuant to section 3 or section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 1565 of title 10. In every case, the Commission shall also impose as a condition of parole that the parolee pass a drug test prior to release and refrain from any unlawful use of a controlled substance and submit to at least 2 periodic drug tests (as determined by the Commission) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the Commission for any individual parolee if it determines that there is good cause for doing so. The results of a drug test administered in accordance with the provisions of the preceding sentence shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The Commission shall consider whether the availability of appropriate substance abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 4214(f) when considering any action against a defendant who fails a drug test. (b) Other conditions \nThe Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— (1) the nature and circumstances of the offense; and (2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. (c) Specificity of conditions \nThe conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his parole. An effort shall be made to make certain that the parolee understands the conditions of his parole. (d) Additional conditions \n(1) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require— (A) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or (B) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration. (2) A parolee residing in a residential community treatment center pursuant to paragraph (1)(A) may be required to pay such costs incident to such residence as the Commission deems appropriate. (e) Modification \n(1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee, if the parolee receives notice of such action and has ten days after receipt of such notice to express views on the proposed modification. Following such ten-day period, the Commission shall have 21 days, exclusive of holidays, to act upon such motion or application. Notwithstanding any other provision of this paragraph, the Commission may modify conditions of parole, without regard to such ten-day period, on any such motion if the Commission determines that the immediate modification of conditions of parole is required to prevent harm to the parolee or to the public. (2) A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section. (3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4213.", "id": "H9CC1A5A4C5B44F5A85FE292C8C395B51", "header": "Conditions of parole" }, { "text": "4209. Jurisdiction of Commission \n(a) Custody \nA parolee shall remain in the legal custody and under the control of the Attorney General, until the expiration of the maximum term or terms for which such parolee was sentenced. (b) Termination \nExcept as otherwise provided in this section, the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced, except that— (1) such jurisdiction shall terminate at an earlier date to the extent provided under section 4164 (relating to mandatory release) or section 4211 (relating to early termination of parole supervision), and (2) in the case of a parolee who has been convicted of any criminal offense committed subsequent to his release on parole, and such offense is punishable by a term of imprisonment, detention or incarceration in any penal facility, the Commission shall determine, in accordance with the provisions of section 4214(b) or (c), whether all or any part of the unexpired term being served at the time of parole shall run concurrently or consecutively with the sentence imposed for the new offense, but in no case shall such service together with such time as the parolee has previously served in connection with the offense for which he was paroled, be longer than the maximum term for which he was sentenced in connection with such offense. (c) Extension \nIn the case of any parolee found to have intentionally refused or failed to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent thereof, the jurisdiction of the Commission may be extended for the period during which the parolee so refused or failed to respond. (d) Concurrence of running of term \nThe parole of any parolee shall run concurrently with the period of parole or probation under any other Federal, State, or local sentence. (e) Certificate of discharge \nUpon the termination of the jurisdiction of the Commission over any parolee, the Commission shall issue a certificate of discharge to such parolee and to such other agencies as it may determine.", "id": "H3073422C7C174574A0D6720A7FF36B8", "header": "Jurisdiction of Commission" }, { "text": "4210. Early termination of parole \n(a) In general \nUpon its own motion or upon request of the parolee, the Commission may terminate supervision over a parolee prior to the termination of jurisdiction under section 4209. (b) Review \nTwo years after each parolee’s release on parole, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. In calculating such two-year period there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. (c) Presumptive termination \n(1) Five years after each parolee’s release on parole, the Commission shall terminate supervision over such parolee unless it is determined, after a hearing conducted in accordance with the procedures prescribed in section 4213(a)(2), that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. (2) If supervision is not terminated under subparagraph (1) of this subsection the parolee may request a hearing annually thereafter, and a hearing, with procedures as provided in subparagraph (1) of this subsection, shall be conducted with respect to such termination of supervision not less frequently than biennially. (3) In calculating the five-year period referred to in subparagraph (1), there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence.", "id": "H5E464064C70E4124BEE6504F237A704", "header": "Early termination of parole" }, { "text": "4211. Aliens \nWhen an alien prisoner subject to deportation becomes eligible for parole, the Commission may authorize the release of such prisoner on condition that such person be deported and remain outside the United States. Such prisoner when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation.", "id": "HB599F1EC48D34394ACE06DB8D18CA43", "header": "Aliens" }, { "text": "4212. Summons to appear or warrant for retaking of parolee \n(a) In general \nIf any parolee is alleged to have violated his parole, the Commission may— (1) summon such parolee to appear at a hearing conducted pursuant to section 4213; or (2) issue a warrant and retake the parolee as provided in this section. (b) Issuance \nAny summons or warrant issued under this section shall be issued by the Commission as soon as practicable after discovery of the alleged violation, except when delay is deemed necessary. Imprisonment in an institution shall not be deemed grounds for delay of such issuance, except that, in the case of any parolee charged with a criminal offense, issuance of a summons or warrant may be suspended pending disposition of the charge. (c) Contents \nAny summons or warrant issued pursuant to this section shall provide the parolee with written notice of— (1) the conditions of parole he is alleged to have violated as provided under section 4208; (2) the parolee’s rights under this chapter; and (3) the possible action which may be taken by the Commission. (d) Execution of warrant \nAny officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning the parolee to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct.", "id": "HEDDBD75B0F7B431DB09BAA1CA754F5A6", "header": "Summons to appear or warrant for retaking of parolee" }, { "text": "4213. Revocation of parole \n(a) Rights of parolee \n(1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have— (A) a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole; and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if— (i) continuation of revocation proceedings is not warranted; or (ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; (iii) the parolee is not likely to fail to appear for further proceedings; and (iv) the parolee does not constitute a danger to himself or others; and (B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within 60 days of such determination of probable cause, except that a revocation hearing may be held at the same time and place set for the preliminary hearing. (2) Hearings held pursuant to subparagraph (1) shall be conducted by the Commission in accordance with the following procedures: (A) Notice to the parolee of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing. (B) Opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. (C) Opportunity for the parolee to appear and testify, and present witnesses and relevant evidence. (D) Opportunity for the parolee to be apprised of the evidence against the parolee and, if the parolee so requests, to confront and cross-examine adverse witnesses, unless the Commission specifically finds substantial reason for not so allowing. (3) For the purposes of subparagraph (1) of this subsection, the Commission may subpoena witnesses and evidence, and pay witness fees as established for the courts of the United States. If a person refuses to obey such a subpoena, the Commission may petition a court of the United States for the judicial district in which such parole proceeding is being conducted, or in which such person may be found, to request such person to attend, testify, and produce evidence. The court may issue an order requiring such person to appear before the Commission, when the court finds such information, thing, or testimony directly related to a matter with respect to which the Commission is empowered to make a determination under this section. Failure to obey such an order is punishable by such court as a contempt. All process in such a case may be served in the judicial district in which such a parole proceeding is being conducted, or in which such person may be found. (b) Effect of conviction \n(1) Conviction for any criminal offense committed subsequent to release on parole shall constitute probable cause for purposes of subsection (a) of this section. In cases in which a parolee has been convicted of such an offense and is serving a new sentence in an institution, a parole revocation warrant or summons issued pursuant to section 4213 may be placed against the parolee as a detainer. Such detainer shall be reviewed by the Commission within one hundred and eighty days of notification to the Commission of placement. The parolee shall receive notice of the pending review, have an opportunity to submit a written application containing information relative to the disposition of the detainer, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section to assist him in the preparation of such application. (2) If the Commission determines that additional information is needed to review a detainer, a dispositional hearing may be held at the institution where the parolee is confined. The parolee shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section. (3) Following the disposition review, the Commission may: (A) let the detainer stand; or (B) withdraw the detainer. (c) Hearing \nAny alleged parole violator who is summoned or retaken by warrant under section 4213 who knowingly and intelligently waives the right to a hearing under subsection (a) of this section, or who knowingly and intelligently admits violation at a preliminary hearing held pursuant to subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection (b) of this section, shall receive a revocation hearing within 90 days of the date of retaking. The Commission may conduct such hearing at the institution to which he has been returned, and the alleged parole violator shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel or another representative as provided in subsection (a)(2)(B) of this section. (d) Actions of the Commission \nWhenever a parolee is summoned or retaken pursuant to section 4213, and the Commission finds pursuant to the procedures of this section and by a preponderance of the evidence that the parolee has violated a condition of his parole the Commission may take any of the following actions: (1) Restore the parolee to supervision. (2) Reprimand the parolee. (3) Modify the parolee’s conditions of the parole. (4) Refer the parolee to a residential community treatment center for all or part of the remainder of his original sentence. (5) Formally revoke parole or release as if on parole pursuant to this title. The Commission may take any such action provided it has taken into consideration whether or not the parolee has been convicted of any Federal, State, or local crime subsequent to his release on parole, and the seriousness thereof, or whether such action is warranted by the frequency or seriousness of the parolee’s violation of any other condition or conditions of his parole. (e) Written notice \nThe Commission shall furnish the parolee with a written notice of its determination not later than 21 days, excluding holidays, after the date of the revocation hearing. If parole is revoked, a digest shall be prepared by the Commission setting forth in writing the factors considered and reasons for such action, a copy of which shall be given to the parolee. (f) Controlled substance possession \nNotwithstanding any other provision of this section, the Commission shall revoke the parole of a parolee who is found by the Commission to be in possession of a controlled substance.", "id": "HA89CEA20F342486D9C2F30BB7400C8E9", "header": "Revocation of parole" }, { "text": "4214. Appeal \n(a) Application \nWhenever parole release is denied under section 4205, parole conditions are imposed or modified under section 4208, parole discharge is denied under section 4210(c), or parole is modified or revoked under section 4213, the individual to whom any such decision applies may appeal such decision by submitting a written application to the National Appeal (Appeals) Board not later than 30 days following the date on which the decision is rendered. (b) Requirement to Act \nThe National Appeals Board, upon receipt of the appellant’s papers, must act pursuant to rules and regulations within 60 days to reaffirm, modify, or reverse the decision and shall inform the appellant in writing of the decision and the reasons therefor. (c) Attorney general’s request \nThe National Appeals Board may review any decision of a regional commissioner upon the written request of the Attorney General filed not later than 30 days following the decision and, by majority vote, shall reaffirm, modify, or reverse the decision within 60 days of the receipt of the Attorney General’s request. The Board shall inform the Attorney General and the individual to whom the decision applies in writing of its decision and the reasons therefor.", "id": "H88E9E996C7714ADC89EA3DF71C8F5931", "header": "Appeal" }, { "text": "4215. Applicability of administrative procedure Act \n(a) Generally \nFor purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555, 556, and 557, the Commission is an agency as defined in such chapter. (b) Special rule \nFor purposes of subsection (a) of this section, section 553(b)(3)(A) of title 5, United States Code, relating to rulemaking, shall be deemed not to include the phrase general statements of policy. (c) Judicial review \nTo the extent that actions of the Commission pursuant to section 4202(a)(1) are not in accord with section 553 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. (d) Nonreviewable actions \nActions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4202(b) shall be considered actions committed to agency discretion for purposes of section 701(a)(2) of title 5, United States Code.", "id": "H18E941A9376147FBA7F35F4D4FEBB942", "header": "Applicability of administrative procedure Act" }, { "text": "4216. Definitions \nAs used in this chapter— (1) the term Commission means the United States Parole Commission; (2) the term Commissioner means any member of the United States Parole Commission; (3) the term Director means the Director of the Bureau of Prisons; (4) the term eligible prisoner means any Federal prisoner who is eligible for parole pursuant to this title or any other law, including any Federal prisoner whose parole has been revoked and who is not otherwise ineligible for parole; (5) the term parolee means any eligible prisoner who has been released on parole or deemed as if released on parole under section 4164 or section 4205(f); and (6) the term rules means rules made by the Commission under section 4203.", "id": "HD98B762F23F04DF2A0CC7F158D1038ED", "header": "Definitions" }, { "text": "2. Clerical amendment \nThe table of chapters at the beginning of part III of title 18, United States Code, is amended by inserting before the item relating to chapter 313 the following new item: 312. Parole 4201.", "id": "H568CDFC83A0E4E749ECA8D92DBDD00E3", "header": "Clerical amendment" }, { "text": "3. Parole authority for certain persons \nThe United States Parole Commission created by the amendments made by this Act shall also have jurisdiction over the parole of persons whose parole was governed by the Parole Commission Phase-Out Act of 1996 or section 11231 of Public Law 105–33 , and shall exercise parole authority with respect to those persons under the amendments made by this Act.", "id": "H19A42F4D5B3D46779529DF1FEFB274C7", "header": "Parole authority for certain persons" } ]

[ { "text": "1. Denial of foreign tax credit for taxes paid to Sudan until steps are taken to end genocide \nSection 901(j)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rule for Sudan \nIn addition to any period during which this subsection would otherwise apply to Sudan, this subsection shall apply to Sudan during the period— (i) beginning on the date of the enactment of this subparagraph, and (ii) ending on the date the Secretary of State determines and certifies to the Secretary of the Treasury that the Government of Sudan has ceased to support acts of genocide in the Darfur region of Sudan, and has taken demonstrable steps to— (I) end acts of genocide in the Darfur region of Sudan, (II) ensure that the armed forces of Sudan and any associated militias are not attacking civilians or obstructing human rights monitors or the provision of humanitarian assistance, (III) demobilize and disarm militias supported or created by the Government of Sudan, (IV) allow full and unfettered access for the provision of humanitarian assistance to all regions of Sudan, including Darfur, and (V) cooperate fully with the African Union, the United Nations, and all other observer, monitoring, and protection missions mandated to operate in Sudan..", "id": "H7F2AF4668B564E85B08B593FC96FF033", "header": "Denial of foreign tax credit for taxes paid to Sudan until steps are taken to end genocide" } ]

[ { "text": "1. Authorization of major medical facility project, Commonwealth of Puerto Rico \nThe Secretary of Veterans Affairs may carry out a major medical facility project for the construction of a new (replacement) medical center in the Commonwealth of Puerto Rico, in an amount not to exceed $450,000,000. The project shall be carried out at the site selected pursuant to section 3.", "id": "HEDA7F0B00F08407CB261115B4E29CC71", "header": "Authorization of major medical facility project, Commonwealth of Puerto Rico" }, { "text": "2. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Construction, Major Projects, account $450,000,000 for the project authorized in section 1. (b) Limitation \nThe project authorized in section 1 may only be carried out using— (1) funds appropriated for fiscal year 2005 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2005 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2005 for a category of activity not specific to a project.", "id": "H0AB3AA06E68F496B94737D044856C9E3", "header": "Authorization of appropriations" }, { "text": "3. Study of site for new medical center in Commonwealth of Puerto Rico \n(a) Study \nThe Secretary of Veterans Affairs and the Secretary of Defense shall conduct a joint study of the locations in the Commonwealth of Puerto Rico specified in subsection (b) to determine which of those two locations would be the preferable site for a new Federal medical center in the Commonwealth of Puerto Rico to serve the needs of both veterans and Department of Defense medical beneficiaries in Puerto Rico. (b) Specification of sites \nThe sites to be studied under subsection (a) are the following: (1) Sabana Seca, Puerto Rico. (2) Fort Buchanan, Puerto Rico. (c) Report to Congress \nThe two Secretaries shall jointly submit to Congress a report setting forth the results of the study, including the recommendation of the Secretaries for the site for a new Federal medical center in the Commonwealth of Puerto Rico. The report shall be submitted not later than six months after the date of the enactment of this Act.", "id": "HEEEC402DE9E142C4B6538521268361B9", "header": "Study of site for new medical center in Commonwealth of Puerto Rico" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Better Nutrition for School Children Act of 2004.", "id": "HF85BFB9CE1744BF6AE10467F65DE3E67", "header": "Short title" }, { "text": "2. Foods of minimal nutritional value \n(a) In general \nSection 10 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1779 ) is amended— (1) in subsection (a), by inserting (throughout the entire school, including the school grounds, until the end of the time of service of food under the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. )) after participating schools ; (2) by striking subsection (b); (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (a) the following: (b) Basis \nThe Secretary shall promulgate the regulations required under subsection (a) based on sound nutritional science, as determined by the Secretary. (c) Factors \nIn promulgating the regulations required under subsection (a), the Secretary shall consider— (1) the nutritional needs of students in various grade levels; (2) the proximity of any area where foods of minimal nutritional value may be sold, donated, or served without charge to the food service facilities or areas; (3) the extent to which students will likely substitute consumption of foods of minimal nutritional value for other food served in participating schools under this Act and the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (4) the benefits to a school of permitting the sale, donation, or service without charge of foods of minimal nutritional value, including the extent to which the proceeds of such sales inure to the benefit of a school or an organization of students approved by a school.. (b) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this section. (2) Foods of minimal nutritional value \nIn promulgating the regulations, the Secretary shall review and (as necessary) revise the definition of foods of minimal nutritional value that is used to carry out the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) and the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (3) Procedure \nThe promulgation of the regulations and the administration of the amendments made by this section shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (4) Congressional review of agency rulemaking \nIn carrying out this subsection, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.", "id": "HBCAAEC1C9E0146B682C7EB3588C1EDF", "header": "Foods of minimal nutritional value" } ]

[ { "text": "1. Spousal obligations \nChapter 11A of title 18, United States Code, is amended by adding at the end the following: 228A. Failure to pay legal spousal obligations \n(a) Offense \nAny person who— (1) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a court ordered obligation with respect to a spouse or former spouse, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) Presumption \nThe existence of an obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the obligation for that time period. (c) Punishment \nThe punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. (d) Mandatory restitution \nUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid obligation as it exists at the time of sentencing. (e) Venue \nWith respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the spouse or former spouse who is the subject of the obligation resided during a period during which the person who is alleged to have failed to pay the obligation or traveled with the intent to evade the obligation, allegedly failed to meet that obligation; (2) the district in which the alleged offender resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. (f) Definitions \nAs used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); (2) the term State includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term court ordered obligation to a spouse or former spouse means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a spouse or former spouse, or as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce..", "id": "H8B7B2E0677E24B2487E605328DB95113", "header": "Spousal obligations" }, { "text": "228A. Failure to pay legal spousal obligations \n(a) Offense \nAny person who— (1) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a court ordered obligation with respect to a spouse or former spouse, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) Presumption \nThe existence of an obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the obligation for that time period. (c) Punishment \nThe punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. (d) Mandatory restitution \nUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid obligation as it exists at the time of sentencing. (e) Venue \nWith respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the spouse or former spouse who is the subject of the obligation resided during a period during which the person who is alleged to have failed to pay the obligation or traveled with the intent to evade the obligation, allegedly failed to meet that obligation; (2) the district in which the alleged offender resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. (f) Definitions \nAs used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); (2) the term State includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term court ordered obligation to a spouse or former spouse means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a spouse or former spouse, or as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce.", "id": "H8AE4E991C03F4ABEB66DD100D76F11B", "header": "Failure to pay legal spousal obligations" }, { "text": "2. Conforming amendment to table of sections \nThe table of sections at the beginning of chapter 11A of title 18, United States Code, is amended by adding at the end the following new item: 228A. Failure to pay legal spousal obligations.", "id": "H20F07DF1130E4404A0DAEBE2B3FA4ECC", "header": "Conforming amendment to table of sections" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Domestic Trafficking Victims Protection Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Definitions Sec. 4. Prosecution of purchasers, traffickers, and exploiters of commercial sex acts Sec. 5. Strengthening prosecution and punishment of traffickers, purchasers, and exploiters of commercial sex acts Sec. 6. Special operating group participation Sec. 7. Reports", "id": "H8D7DB8EA3ACD4DC29825DF7900049977", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress makes the following findings: (1) The unlawful trafficking of persons for commercial sexual activities has a devastating impact on society. (2) An alarming number of individuals who are used for unlawful commercial sexual activities are socially and economically marginalized, and kept in effective bondage by threats or acts of physical and sexual abuse. These individuals are victimized by the prevalence of unlawful commercial sex. A disproportionate number of these victims are women and children. (3) Although current laws punish traffickers, exploiters, and purchasers of unlawful commercial sex activities, these laws are typically enforced disproportionately against the individuals, predominantly women and girls, who are used in the unlawful activities, instead of against the traffickers, exploiters, and purchasers, who are predominantly men. (4) According to recent studies— (A) 11 females used in unlawful commercial sex acts were arrested in Boston for every arrest of a male purchaser; (B) 9 females used in unlawful commercial sex acts were arrested in Chicago for every arrest of a male purchaser; and (C) 6 females used in unlawful commercial sex acts were arrested in New York City for every arrest of a male purchaser. (5) Some studies reveal that unlawful commercial sex is a frequent gateway crime for women who later commit more serious criminal offenses. Over 70 percent of female inmates in American prisons were first arrested for engaging in commercial sex acts. For every 3 women in jails in the United States today, 1 was arrested for prostitution, and 7 of every 10 women imprisoned on felony convictions were initially arrested for prostitution. (6) The emotional and physical ramifications of unlawful sex trafficking of children as well as women are staggering, leading to an increased risk of— (A) sexual and physical assault; (B) violence; (C) suicide; (D) pregnancy; (E) abortion; (F) sexually transmitted diseases, including AIDS; (G) post-traumatic stress disorder; and (H) death. (7) Unlawful sex trafficking has a particularly devastating and alarming impact upon children. According to some estimates, between 100,000 to 300,000 children are victimized by unlawful sex trafficking at any given time. According to the CyberTipline of the National Center for Missing and Exploited Children, reports of child sexual exploitation, including child pornography, child prostitution, online enticement of children, and child sex tourism, have increased 750 percent over the past 5 years. (8) Runaway children are especially vulnerable to unlawful sex traffickers, who lure these children into devastating lives as victims of commercial sex acts, with promises of food, clothing, and shelter. (9) According to the Office of Juvenile Justice and Delinquency Prevention in the Department of Justice, in 2002— (A) over 1,300,000 children were missing in the United States; (B) as many as 775,000 of these children are runaways; and (C) 76 percent of runaway children who call the National Runaway Switchboard are girls under the age of 18. (10) The United Nations estimates that unlawful sex trafficking, including sex tourism, generates approximately $5,000,000,000 a year in revenues. There are a number of United States-based companies that overtly and explicitly facilitate sex tours, often involving the sexual exploitation of children. According to some estimates, up to 1/4 of international sex tourists are American. (11) Under the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ), the United States is committed to ending the international trafficking of persons for slavery, including sex slavery. The achievement of significant progress in reducing unlawful sex trafficking within our own borders will bolster United States efforts to eliminate international trafficking of persons for slavery, including sex slavery, around the world. (12) Stronger enforcement of laws prohibiting commercial sex against traffickers, exploiters, and purchasers may dramatically improve enforcement and reduce the victimization of women and children used in unlawful sex trafficking. (13) Additional research and statistics at the national, State, and local level will help us to understand more fully the extent of unlawful commercial sex activities within the United States, and the most effective strategies for combating such unlawful activities. (b) Purposes \nThe purposes of this Act are— (1) to support the development of more effective means of combating unlawful commercial sex activities by targeting demand; (2) to protect children from the predators and exploiters who use them in commercial sex activities; (3) to clarify that the operation of sex tours is prohibited under Federal law; and (4) to assist State and local governments in their enforcement of existing laws dealing with commercial sex activities.", "id": "HA38F68931DD346119FC3452800BADE4", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act, the following definitions shall apply: (1) Commercial sex act \nThe term commercial sex act means any sex act for which anything of value is directly or indirectly given to, or received by, traffickers, exploiters, or purchasers of sex acts. (2) Domestic trafficking \nThe term domestic trafficking means any unlawful commercial sex act performed in the United States. (3) Exploiter of a commercial sex act \nThe term exploiter of a commercial sex act means any person who, for financial gain, procures, sells, or purveys a victim of a commercial sex act. (4) Purchaser of a commercial sex act \nThe term purchaser of a commercial sex act means any person who solicits or purchases a commercial sex act from an exploiter or victim of a commercial sex act. (5) Qualified non-governmental organization \nThe term qualified non-governmental organization means any organization that the Attorney General, the Assistant Secretary of Children and Families of the Department of Health and Human Services, or the chief law enforcement officer of a State or political subdivision of a State determines is engaged or plans to engage in efforts to protect and rehabilitate victims of commercial sex acts on a not for profit basis. (6) Trafficker of a commercial sex act \nThe term trafficker of a commercial sex act means any person who, for financial gain, recruits, harbors, transports, provides, or obtains a person for the purpose of causing the person to become a victim of a commercial sex act. (7) Victim of a commercial sex act \nThe term victim of a commercial sex act means any person offered for use in a commercial sex act.", "id": "H6CB52D530A8349C28EF6F4AC08CC04D3", "header": "Definitions" }, { "text": "4. Prosecution of purchasers, traffickers, and exploiters of commercial sex acts \n(a) Grants authorized \nThe Attorney General shall award grants to States and their political subdivisions to establish model law enforcement programs that promote the effective prosecution of purchasers, exploiters, and traffickers of commercial sex acts. (b) Use of grant funds \nFunds received from a grant awarded under subsection (a) may be used by the grantee, either directly or through subgrants to qualified non-governmental organizations, for— (1) prosecutions against purchasers of unlawful commercial sex acts, through— (A) educational programs instructing first-time purchasers of unlawful commercial sex on the devastation caused by such offenses; (B) the publication of names and addresses of repeat purchasers; (C) the use of female decoys; (D) statutory rape and felony assault prosecutions against purchasers; and (E) other programs designated by the Attorney General to enhance the prosecution of purchasers and to reduce the demand for unlawful commercial sex activities; (2) prosecutions against traffickers and exploiters of unlawful commercial sex acts, through— (A) surveillance of places of business engaged in unlawful commercial sex acts; (B) rape and sexual assault prosecutions against exploiters and traffickers; (C) tax evasion prosecutions against exploiters and traffickers; and (D) the use of restitution provisions to supplement public financing of shelters and social services for victims of unlawful commercial sex acts and to compensate victims of unlawful commercial sex acts; and (3) social service programs operated by nongovernmental organizations with special expertise in assisting victims of unlawful commercial sex activities, whose programs offer protection, education, food, and shelter for victims of unlawful commercial sex acts, provided that special consideration shall be given to such programs that offer assistance to victims who assist in the prosecution of traffickers, exploiters, and purchaser-exploiters of unlawful commercial sex activities. (c) Reports by grantee \n(1) In general \nNot later than 90 days after the end of the period for which a grant was made under this section, and at such times as may be necessary to effectively facilitate the reporting and dissemination requirements under section 6(a), each grantee shall submit a report to the Attorney General. (2) Contents \nThe report submitted under paragraph (1) shall— (A) identify and describe the activities carried out with grant funds received under this section; and (B) include an evaluation by the grantee of the effect of those activities. (3) Dissemination \nThe Attorney General shall ensure that the report submitted under paragraph (1) is posted to the Department of Justice website. (d) Authorization of appropriations \nThere are authorized to be appropriated, for each of the fiscal years 2005 through 2007— (1) $15,000,000 for grants to carry out the activities described in subsection (b)(1); (2) $15,000,000 for grants to carry out the activities described in subsection (b)(2); and (3) $15,000,000 for grants to carry out the activities described in subsection (b)(3).", "id": "HE8F0C5FA6C2C42A29B143000BE3786EB", "header": "Prosecution of purchasers, traffickers, and exploiters of commercial sex acts" }, { "text": "5. Strengthening prosecution and punishment of traffickers, purchasers, and exploiters of commercial sex acts \nChapter 117 of title 18, United States Code, is amended— (1) in the table of sections, by amending the item relating to section 2423 to read as follows: 2423. Protection of minor victims of commercial sex acts.. (2) in section 2421, by inserting , including a purchaser of unlawful commercial sex acts after any individual ; (3) in section 2422(a), by inserting , including a purchaser of unlawful commercial sex acts after any individual ; and (4) in section 2423— (A) by amending the header to read as follows: 2423. Protection of minor victims of commercial sex acts \n; (B) by redesignating subsection (f) as subsection (h); (C) by redesignating subsection (e) as subsection (f); (D) in subsection (f), as redesignated, by striking or (d) and inserting (d), or (e) ; and (E) by inserting after subsection (d) the following: (e) Expanded Federal jurisdiction \nAny person who, in or affecting interstate or foreign commerce— (1)(A) knowingly transports, recruits, or harbors a person who has not attained the age of 18 years with the intent that the person engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense; (B) travels for the purpose of engaging in any illicit sexual conduct with another person; (C) engages in any illicit sexual conduct with another person; or (D) arranges, induces, procures, or facilitates the travel of a person for the purpose of commercial advantage or private financial gain, knowing that the person is traveling for the purpose of engaging in illicit sexual conduct; and (2) who knew that the person has crossed State or foreign territorial boundaries from the place of the permanent residence of such person within 1 year of the date of the prohibited act, shall be fined under this title, imprisoned not more than 30 years, or both..", "id": "HE7A8DD5147954194B956DF6082EE6CC", "header": "Strengthening prosecution and punishment of traffickers, purchasers, and exploiters of commercial sex acts" }, { "text": "2423. Protection of minor victims of commercial sex acts", "id": "H5807FBDCD8BC42569C4F193F9F19D881", "header": "Protection of minor victims of commercial sex acts" }, { "text": "6. Special operating group participation \nThe Department of Justice, the Department of Labor, the Department of Health and Human Services, and any other Federal agency involved in combating unlawful domestic sex trafficking and providing services to victims of unlawful domestic sex trafficking shall coordinate their activities with the Senior Policy Operating Group to ensure that Federal programs directed at domestic trafficking are consistent with Federal enforcement of the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 ).", "id": "H6AE7FE0774634BCAA598E02819099E2E", "header": "Special operating group participation" }, { "text": "7. Reports \n(a) Annual report on best practices to reduce demand for commercial sex acts \n(1) In General \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a full and detailed report of the implementation of this Act to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Contents \nThe report submitted under paragraph (1) shall include— (A) a detailed explanation of the standards by which the Attorney General has— (i) awarded grants to States and their political subdivisions under section 4; and (ii) evaluated the success of grant awards in enhancing the prosecution and conviction of purchasers, traffickers, and exploiters of unlawful commercial sex acts, and in reducing demand for unlawful commercial sex activity; and (B) a full and detailed report of the implementation of the amendments under paragraphs (2) and (3) of section 5, including numbers of arrests, prosecutions, and convictions; and (C) a full and detailed report of the implementation of the amendment under section 5(4)(E), including numbers of arrests, prosecutions, and convictions. (3) Annual conferences \n(A) In general \nThe Attorney General, at each annual conference conducted by the Department of Justice, shall— (i) announce and evaluate the findings contained in the report submitted under paragraph (1); and (ii) disseminate best methods and practices for training State and local law enforcement personnel involved in enforcing laws prohibiting commercial sex acts. (B) Participation \nEach annual conference under this paragraph shall involve the full participation of leading experts in the field, including— (i) local police and prosecutorial officials; (ii) appropriate State officials; (iii) academic experts on unlawful commercial sex activity; (iv) appropriate medical personnel; and (v) qualified representatives of non-governmental organizations. (b) Comprehensive statistical review on unlawful commercial sex acts \n(1) In general \nThe Attorney General shall carry out a biennial comprehensive statistical review and analysis of unlawful commercial sex acts. (2) Contents \nThe statistical review and analysis under this subsection shall include— (A) the number of persons used in unlawful commercial sex acts; (B) the number of traffickers, exploiters, and purchasers of unlawful commercial sex acts; (C) the ethnicity, age, and sex of victims of unlawful commercial sex acts; (D) the ethnicity and sex of traffickers, purchasers, and exploiters of unlawful commercial sex acts; (E) the number of investigations, arrests, prosecutions, and incarcerations of victims of unlawful commercial sex acts by States and their political subdivisions; (F) the number of investigations, arrests, prosecutions, and incarcerations of traffickers, exploiters, or purchasers of unlawful commercial sex acts; and (G) the differences in the enforcement of laws relating to unlawful commercial sex acts by similarly situated jurisdictions. (3) Solicitation of views \nIn conducting the statistical review and analysis under this subsection, the Attorney General shall solicit views from— (A) Federal and State prosecutorial officials; (B) Federal, State, county, and municipal law enforcement officials; (C) persons used in unlawful commercial sex acts; (D) researchers; and (E) other experts in the area of commercial sex acts. (4) Report \nNot later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the statistical review and analysis under this section to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (c) Authorization of appropriations \nThere are authorized to be appropriated— (1) $1,000,000 for each of the fiscal years 2005 through 2007 to carry out subsection (a); and (2) $1,000,000 for each of the fiscal years 2005 and 2007 to carry out subsection (b).", "id": "H7336E7033D034206B436BC003B8CACA7", "header": "Reports" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Access to Thermal Imaging Cameras Act.", "id": "HB8F83D1767384A9C840638017EDD8FD", "header": "Short title" }, { "text": "2. Grant program \n(a) Authority \nIn accordance with this section, the Director of the Federal Emergency Management Agency may make grants, on a competitive basis, to fire departments for the purpose of acquiring thermal imaging cameras. (b) Non-federal share \nThe non-Federal share of the cost of acquiring equipment under subsection (a) shall be 33 percent. (c) Limitation on administrative costs \nOf amounts made available under section 3, the Director may use not more than 10 percent for the administrative costs of carrying out this section. (d) Report to Congress \nNot later than 180 days after making the first grant under subsection (a), the Director shall transmit to Congress a report on the results of the grant program under this section.", "id": "H9A11514F11284883B8883875C0731B98", "header": "Grant program" }, { "text": "3. Authorization of Appropriations \nFor the purposes of carrying out section 2, there is authorized to be appropriated to the Director of the Federal Emergency Management Agency $100,000,000 for fiscal year 2005.", "id": "H38FB28437207456BBCCCF51F49A5F562", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Intelligent Vehicle Highway Safety Act of 2004.", "id": "H451D58CC98594E95A55846D0AEFF5D09", "header": "Short title" }, { "text": "2. Deduction for intelligent vehicle technology systems \n(a) In general \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 199. Intelligent vehicle systems property \n(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010. (c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. (e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). (f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010.. (b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Intelligent vehicle systems property \nThe deduction allowed by section 199.. (c) Conforming amendments \n(1) Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ; and , and by adding at the end the following new paragraph: (29) to the extent provided in section 199(d)(2).. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking or 193 and inserting 193, or 199. (d) Clerical amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 199. Intelligent vehicle systems property. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H296C056766AD4E07A1CDC74D7036F7A0", "header": "Deduction for intelligent vehicle technology systems" }, { "text": "199. Intelligent vehicle systems property \n(a) Deduction allowed \nThere shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. (2) Phaseout \nIn the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by— (A) 25 percent in the case of property placed in service in calendar year 2008, (B) 50 percent in the case of property placed in service in calendar year 2009, and (C) 75 percent in the case of property placed in service in calendar year 2010. (c) Qualified intelligent vehicle systems property \nFor purposes of this section— (1) In general \nThe term qualified intelligent vehicle systems property means any device described in paragraph (2) if such device— (A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and (B) enhances the safety or security of the driver, passenger, or load. (2) Devices described \nA device described in this paragraph is a device which— (A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, (B) is a positional communications and tracking device, (C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, (D) is an electronic seal, (E) is a roll stability control system, or (F) actively monitors and adjusts driver workload. (3) Motor vehicle \nThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Special rules \n(1) Property used outside United States, etc., not qualified \nNo deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (2) Basis reduction \n(A) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (B) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. (e) Supporting documentation \nNo deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). (f) Termination \nThis section shall not apply to any property placed in service after December 31, 2010.", "id": "HD9289778A6134991862456972BCCE1EB", "header": "Intelligent vehicle systems property" }, { "text": "3. Intelligent vehicle systems property exception to tax on heavy trucks and trailers sold at retail \n(a) In general \nSection 4051 of the Internal Revenue Code of 1986 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Exclusion for intelligent vehicle systems property \n(1) In general \nThe tax imposed by subsections (a) and (b) shall not apply to any article which is qualified intelligent vehicle systems property. (2) Limitation \nThe amount excluded by paragraph (1) shall not exceed $5,000 with respect to any article which is a chassis, body, trailer, or tractor described in a subparagraph of paragraph (1). (3) Qualified intelligent vehicle systems property \nThe term qualified intelligent vehicle system property shall have the meaning given such term by section 199(c).. (b) Effective date \nThe amendments made by this section shall apply to articles sold after December 31, 2004.", "id": "H0DCF1AA9426245BCA4DD34EB3341F5A0", "header": "Intelligent vehicle systems property exception to tax on heavy trucks and trailers sold at retail" } ]

[ { "text": "1. Limitation on timing of issuance of H–2B visas during a fiscal year \n(a) In general \nSection 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) is amended by inserting before the period at the end the following: , and may not exceed one-third of such number during the first 4 months of any fiscal year and two-third of such number during the first 8 months of any fiscal year. (b) Effective date \nThe amendment made by subsection (a) shall apply beginning with fiscal year 2005.", "id": "HFD4437F2A12A4A0C84ED836332B15C08", "header": "Limitation on timing of issuance of H–2B visas during a fiscal year" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Prescription Plan Preservation Act of 2004.", "id": "H18CC50EDBD4A4632824EBFE4AD7B859E", "header": "Short title" }, { "text": "2. Conditioning the payment of medicare employer prescription drug subsidies on the maintenance of current prescription drug benefits \n(a) In general \nSection 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended to read as follows:: (A) Attestation of actuarial equivalence to standard coverage \nThe sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of prescription drug coverage under the plan (as determined using the processes and methods described in section 1860D–11(c)) is at least equal to the greater of— (i) the actuarial value of standard prescription drug coverage; or (ii) the actuarial value of the employment-based retiree health coverage that was in effect as of December 8, 2003.. (b) Effective date \nThe amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "H1AE49691B8CF4C5500801E752748F569", "header": "Conditioning the payment of medicare employer prescription drug subsidies on the maintenance of current prescription drug benefits" } ]

[ { "text": "1. Reauthorization of the historic preservation fund \nSection 108 of the National Historic Preservation Act ( 16 U.S.C. 470h ) is amended by striking 2005 and inserting 2010.", "id": "HF5761B939883415FBAF7F48BE8987358", "header": "Reauthorization of the historic preservation fund" } ]

[ { "text": "1. Suspension of duty on 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.15 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt (CAS No. 5281–04–9) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2007 (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H2642A086B4ED452B8E1C63D959A7B360", "header": "Suspension of duty on 3-Hydroxy-4-[(4-methyl-2-sulfophenyl)azo]-2-naphthalenecarboxylic acid, calcium salt" } ]

[ { "text": "1. Short title \nThis Act may be cited as the September 11th Heroes Memorial Park Act.", "id": "H0DE4306C5794400E859869F3A2B96AC", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) On September 11, 2001, terrorists hijacked 4 civilian aircraft, crashing 2 of them into the towers of the World Trade Center in New York City, causing the destruction of the towers. (2) These were by far the deadliest terrorist attacks ever launched against the United States, claiming the lives of more than 3,000 innocent people, 2,797 of whom died in New York City. (3) The debris from the destruction of the World Trade Center towers was taken to a landfill on Staten Island, New York, for cleanup and investigation and to continue the recovery of victim remains and effects that could not be performed at the site of the towers’ collapse in Manhattan. (4) Over the 10-month period following September 11, 2001, more than 1,000 people worked at the landfill around the clock every day, tirelessly and carefully sifting through all 1,620,000 tons of debris from the World Trade Center site searching for remains, personal effects, and evidence from what is now considered to be history’s largest crime scene. (5) Approximately 20 percent of all the victim remains recovered following the towers’ collapse, as well as more than 54,000 personal items, from wedding rings and photographs to driver licenses and keys were retrieved at the Staten Island site. (6) The remains of 306 of the 1,423 World Trade Center victims whose remains have been identified and returned to their families were recovered at the Staten Island site. (7) Victims’ families were brought some sort of peace by being given back something personal of lost loved ones, whether through a positive identification of a victim’s remains or the return of something so simple and yet so meaningful as a wedding ring, a watch, or a wallet. (8) On July 15, 2002, after 10 months, the cleanup and recovery operations at the landfill on Staten Island, New York, came to a somber conclusion. (9) The site commemorates those lost. The determination of appropriate recognition there will be a slowly unfolding process in order to address the interests and concerns of all interested parties. Appropriate national assistance and recognition must give ample opportunity for those involved to voice these broad concerns. (10) It is appropriate that the site be designated a unit of the National Park System. (b) Purposes \nThe purposes of this Act are as follows: (1) To establish a national memorial to honor the final resting place of some of those lost at the World Trade Center on September 11, 2001. (2) To establish the memorial advisory commission to assist with consideration and formulation of plans for a permanent memorial to those lost at the World Trade Center, including its nature, design, and construction. (3) To authorize the Secretary of the Interior to coordinate and facilitate the activities of the Memorial Advisory Commission and administer a victim’s memorial at the site of the Fresh Kills Landfill operation on Staten Island, New York.", "id": "H106935B511F348870038D096B7F4002E", "header": "Findings and purposes" }, { "text": "3. Memorial to honor the final resting place of those lost at the World Trade Center on September 11, 2001 \nThere is established a memorial at the Staten Island recovery site to honor the final resting place of those lost at the World Trade Center on September 11, 2001.", "id": "H8C7AFAFCBD8145F08CFACDAC8F24ED46", "header": "Memorial to honor the final resting place of those lost at the World Trade Center on September 11, 2001" }, { "text": "4. Advisory commission \n(a) Establishment \nThere is established a commission to be known as the September 11th Heroes Memorial Park Advisory Commission (hereafter in this Act referred to as the Commission ). (b) Membership \nThe Commission shall consist of 15 members as follows: (1) The Director of the National Park Service, or the Director's designee. (2) 7 members appointed by the Secretary of the Interior. (3) 5 members appointed by the Member of Congress representing the 13th Congressional District of the State of New York. (4) 1 member appointed by the mayor of the City of New York, New York. (5) 1 member appointed by the governor of the State of New York. (c) Term \nThe term of the members of the Commission shall be for the life of the Commission. (d) Chair \nThe members of the Commission shall select the Chair of the Commission. (e) Vacancies \nAny vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum \nA majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No compensation \nMembers of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties \nThe Commission shall— (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial at the memorial site; (2) advise the Secretary of the Interior on the boundaries of the memorial site; (3) advise the Secretary of the Interior in the development of a management plan for the memorial; (4) consult and coordinate closely with the city of New York, the State of New York, and other interested parties, including coordination with the City of New York’s Master Planning for the Fresh Kills Landfill site; (5) ensure a plan for adequate Federal funding of long-term operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial. (j) Powers \nThe Commission may— (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) accept gifts to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service staff. (k) Termination \nThe Commission shall terminate upon dedication of the completed memorial.", "id": "HA3B070AB2A144FC3A2B0BE53DCF54B91", "header": "Advisory commission" }, { "text": "5. Duties of the secretary \nThe Secretary of the Interior is authorized to— (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) participate in or support the planning efforts for the memorial; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide project management assistance to the Commission for design and construction activities; (7) provide staff assistance and support to the Commission; (8) participate in the formulation of plans for the design of the memorial and to construct the memorial; (9) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (10) administer the September 11th Heroes memorial as a unit of the National Park Service in accordance with this Act and with the laws generally applicable to units of the National Park System such as the Act of August 25, 1916 (39 Stat. 585).", "id": "H830C763AE4304103009B08CD6E55E6FD", "header": "Duties of the secretary" } ]

[ { "text": "1. Findings \nThe Congress makes the following findings: (1) C–SPAN, C–SPAN II, C–SPAN III, C–SPAN.org, and C–SPAN Radio, the cable networks, Internet site, and radio station dedicated to gavel-to-gavel coverage of the United States House of Representatives and the United States Senate, as well as educational programming about our Nation’s history and politics, have had a profound positive impact upon the knowledge and awareness among our citizens of our democracy about the law-making process and government at all levels. (2) Through the coverage of C–SPAN, C–SPAN II, C–SPAN III, C–SPAN.org, and C–SPAN Radio, educators, students, and concerned citizens have had the opportunity to watch the Nation’s leaders engage in historic debates, address issues that impact all Americans, and been made aware of the importance of the Congress in our democracy. (3) The 80,000,000 households which receive C–SPAN have a window on the legislative process that is unbiased and comprehensive. (4) C–SPAN programming such as the C–SPAN School Bus, Booknotes, C–SPAN Radio, and Washington Journal have significantly enriched the level of political discourse and understanding in our Nation. (5) C–SPAN provides a unique and valuable contribution to coverage of the American political process that has no peer. (6) This public service known as C–SPAN came about due to the vision, dedication, and interest of Brian Lamb. (7) Brian Lamb’s efforts have resulted in C–SPAN reaching over 80,000,000 households, and becoming an indispensable political resource for political leaders, students, and interested political leaders. (8) Due to the hard work and perseverance of Brian Lamb, the innovative programming concept of C–SPAN was developed almost 25 years ago. (9) C–SPAN has become a fixture of the American political scene and has so impacted American politics that it is difficult to conceive of American political life without C–SPAN. (10) It is appropriate and fitting that Brian Lamb be awarded the Congressional Gold Medal for establishing C–SPAN, C–SPAN II, C–SPAN III, C–SPAN.org, and C–SPAN Radio as the network of record for American political life. (11) Brian Lamb’s vision, leadership, conviction and commitment to public understanding of the Congress, the law-making process, important and timely political issues, and government generally, demonstrate that he is worthy of the appreciation of the American people as expressed through awarding Brian Lamb the Congressional Gold Medal.", "id": "HBBBCF97095964E4C9BF868D55424ABB6", "header": "Findings" }, { "text": "2. Congressional Gold Medal \n(a) Presentation authorized \nThe President is authorized to award to Brian Lamb, on behalf of the Congress, a gold medal of appropriate design honoring Brian Lamb in recognition of his contributions to the Nation. (b) Design and striking \nFor the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HC8FBD585B67742999F807D2BE4A82D2B", "header": "Congressional Gold Medal" }, { "text": "3. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.", "id": "H38FA2AF87B9041B600D4E51907F5CF2E", "header": "Duplicate medals" }, { "text": "4. Status as national medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H6737596A6C244EC599F5786CD5B3E5C", "header": "Status as national medals" }, { "text": "5. Funding \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.", "id": "H887E1291A6034F30ACF80985E6A51FFB", "header": "Funding" } ]

[ { "text": "1. United States Dairy Proteins Incentive Program \n(a) Establishment and Purpose \nThe Commodity Credit Corporation shall establish and operate a program under section 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c ) to support the development of a casein and milk protein concentrate industry in the 48 contiguous States. (b) Program Described \nUnder the program, the Corporation shall make payments, on a bid basis, to an entity that produces and markets dairy proteins produced from liquid skim milk. The Secretary of Agriculture shall have sole discretion to accept or reject bids under such criteria as the Secretary considers appropriate. (c) Rules and Regulations \nThe program shall be operated under such rules and regulations issued by the Secretary as the Secretary considers necessary to ensure, among other things, that— (1) receipt of a payment is contingent upon the end use of the dairy proteins produced; (2) no applicant receives a payment if the contract submitted for review would result in the undercutting of domestic prices for milk, nonfat dry milk, or dairy proteins; and (3) the sale of the dairy proteins represents a new use of the domestically produced dairy proteins. (d) Cheese Products Exception \nThe sale of dairy proteins for use in the production of standardized cheeses, as determined by the Secretary, shall not be eligible to receive payments under the program. (e) Payment Rate \nPayments made under the program shall be made at a rate or rates established or approved by the Secretary. Any such rate shall be published in the Federal Register or publicly announced through other appropriate means, and shall be at a level or levels that will encourage the development of a dairy proteins industry in the 48 contiguous States. (f) Implementation of Program \nThe Secretary shall develop regulations and implement the program not later than 180 days after the date of the enactment of this section. (g) Treaty Obligations \nThe Secretary shall carry out the program in a manner consistent with the obligations of the United States as a member of the World Trade Organization. (h) Dairy Protein Definition \nIn this section, the term dairy proteins means whey, whey protein concentrate, casein, or milk protein concentrate.", "id": "H4EF80B03AB074CEB835EAD00D23BFB37", "header": "United States Dairy Proteins Incentive Program" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Railroad Security and Public Awareness Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Rail worker security training program Sec. 3. Public awareness Sec. 4. Railroad security upgrades", "id": "H3CBA6B0BF04245E6BFE85C951825B1D", "header": "Short title; table of contents" }, { "text": "2. Rail worker security training program \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program elements \nThe guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) All employee training provisions included in the Transportation Security Directive (SD RAILPAX–04–01 and SD RAILRAX–04–02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (9) Any other areas that the Secretary deems appropriate. (c) Railroad carrier programs \nNot later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier’s program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training \nNot later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. (e) Updates \nThe Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers. (f) Security training program grants \nThe Secretary of Homeland Security is authorized to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to implement the program detailed in subsection (a). (g) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Homeland Security $250,000,000 for fiscal year 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. (h) Definition \nFor purposes of this section, the term front-line workers means heavy and light rail employees who have daily access to the operations infrastructure and passengers of their rail systems.", "id": "HB16BFA2164E14A649C14413FFCDEF3AC", "header": "Rail worker security training program" }, { "text": "3. Public awareness \nNot later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section.", "id": "HEBEC8C79CF9C4CED8755D09DB50002C7", "header": "Public awareness" }, { "text": "4. Railroad security upgrades \n(a) Security improvement grants \nThe Secretary of Homeland Security is authorized to make grants to railroads (including intercity passenger and heavy and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for— (1) technologies for reduction of tank car vulnerability; (2) demonstration of bridge and tunnel inspection technologies; (3) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (4) the security of hazardous material transportation by railroad; (5) secure passenger railroad stations, trains, and infrastructure; (6) public security awareness campaigns for passenger train operations; (7) the sharing of intelligence and information about railroad security threats; (8) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (9) additional police and security officers, including canine units; and (10) all provisions included in the Transportation Security Directives (SD RAILPAX–04–01 and SD RAILPAX–04–02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Homeland Security $250,000,000 for fiscal year 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H6863650A4FE649199C6737AD38D6DAE", "header": "Railroad security upgrades" } ]

[ { "text": "1. Suspension of duty on Methyl Salicylate \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.35 Methyl Salicylate (CAS No. 119-36-8) (provided for in subheading 2918.23.20) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on Methyl Salicylate" } ]

[ { "text": "That section 121 (f)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1273 (f)(1)) is amended by striking 2005 and inserting 2010.", "id": "HA34AB60EA6FD43D3004DCB2C6E1BA54B", "header": null } ]

[ { "text": "1. Ben Nighthorse Campbell Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 222 West 8th Street in Durango, Colorado, shall be known and designated as the Ben Nighthorse Campbell Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ben Nighthorse Campbell Post Office Building.", "id": "H115AFFB7854142E98F782C4B82CD723C", "header": "Ben Nighthorse Campbell Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the District of Columbia Retirement Protection Improvement Act of 2004.", "id": "HD3919658494E461F99774C71002CB527", "header": "Short title" }, { "text": "2. Establishment of District of Columbia Federal Pension Fund For Payment of Federal Benefit Payments to District of Columbia Teachers, Police Officers, and Fire Fighters \n(a) In General \nSubtitle A of title XI of the Balanced Budget Act of 1997 (sec. 1–801.01 et seq., D.C. Official Code) is amended— (1) by redesignating chapter 9 as chapter 10; (2) by redesignating sections 11081 through 11087 as sections 11091 through 11097; and (3) by inserting after chapter 8 the following new chapter: 9 District of Columbia Federal Pension Fund \n11081. Creation of Fund \n(a) Establishment \nThere is established on the books of the Treasury the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund (hereafter referred to as the D.C. Federal Pension Fund ), consisting of the following: (1) The assets transferred pursuant to section 11083. (2) The annual Federal payments deposited pursuant to section 11084. (3) Any amounts otherwise appropriated to such Fund. (4) Any income earned on the investment of the assets of such Fund pursuant to subsection (b). (b) Investment of Assets \nThe Secretary shall invest such portion of the assets of the D.C. Federal Pension Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the D.C. Federal Pension Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (c) Recordkeeping For Actuarial Status \nThe Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the D.C. Federal Pension Fund. 11082. Uses of Amounts in Fund \n(a) In General \nAmounts in the D.C. Federal Pension Fund shall be used— (1) to make Federal benefit payments under this subtitle; (2) subject to subsection (b), to cover the reasonable and necessary administrative expenses incurred by any person in administering the D.C. Federal Pension Fund and carrying out this chapter; (3) for the accumulation of funds in order to finance obligations of the Federal Government for future benefits; and (4) for such other purposes as are specified in this subtitle. (b) Budgeting, Certification, and Approval of Administrative Expenses \nThe administrative expenses of the D.C. Federal Pension Fund shall be paid in accordance with an annual budget set forth by the Pension Fund Trustee which shall be subject to certification and approval by the Secretary. 11083. Transfer of Assets and Obligations of Trust Fund and Federal Supplemental Fund \n(a) Transfer of Obligations \nEffective October 1, 2004, all obligations to make Federal benefit payments shall be transferred from the Trust Fund to the D.C. Federal Pension Fund. (b) Transfer of Assets \nEffective October 1, 2004, all assets of the Trust Fund and all assets of the Federal Supplemental Fund as of such date shall be transferred to the D.C. Federal Pension Fund. 11084. Determination of Annual Federal Payments Into D.C. Federal Pension Fund \n(a) Annual Amortization Amount \n(1) In general \nAt the end of each fiscal year (beginning with fiscal year 2005), the Secretary shall promptly pay into the D.C. Federal Pension Fund from the general fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero). (2) Determination of amount \nFor purposes of paragraph (1)— (A) the original unfunded liability is the present value as of the effective date of this Act of expected future benefits payable from the Federal Supplemental Fund; and (B) the annual amortization amount means the amount determined by the enrolled actuary to be necessary to amortize in equal annual installments (until fully amortized)— (i) the original unfunded liability over a 30-year period, (ii) a net experience gain or loss over a 10-year period, and (iii) any other changes in actuarial liability over a 20-year period. (3) Schedule for amortization \nIn determining the annual amortization amount under paragraph (2)(B), the enrolled actuary shall include amounts necessary to complete the amortization schedules used for determining the annual amortization amount for payments into the Federal Supplemental Fund under section 11053 (as in effect prior to the enactment of this chapter). (b) Administrative Expenses \nDuring each fiscal year (beginning with fiscal year 2009), the Secretary shall pay into the D.C. Federal Pension Fund from the general fund of the Treasury the amounts necessary to pay the reasonable and necessary administrative expenses described in section 11082(a)(2) for the year. 11085. Administration Through Pension Fund Trustee \n(a) In General \nThe Secretary shall select a Pension Fund Trustee to carry out the responsibilities and duties specified in this subtitle in accordance with the contract described in subsection (b). (b) Contract \nThe Secretary shall enter into a contract with the Pension Fund Trustee to provide for the auditing of D.C. Federal Pension Fund assets, the making of Federal benefit payments under this subtitle from the D.C. Federal Pension Fund, and such other matters as the Secretary deems appropriate. The Secretary shall enforce the provisions of the contract and otherwise monitor the administration of the D.C. Federal Pension Fund. (c) Subcontracts \nNotwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Pension Fund Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Pension Fund Trustee in connection with its performance of the contract. The Pension Fund Trustee shall monitor the performance of any such subcontract and enforce its provisions. (d) Determination by the Secretary \nNotwithstanding subsection (b) or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Pension Fund Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Pension Fund Trustee. (e) Reports \nThe Pension Fund Trustee shall report to the Secretary, in a form and manner and at such intervals as the Secretary may prescribe, on any matters under the responsibility of the Pension Fund Trustee as the Secretary may prescribe. 11086. Applicability of Other Provisions to D.C. Federal Pension Fund \nThe following provisions of this subtitle shall apply with respect to the D.C. Federal Pension Fund in the same manner as such provisions applied with respect to the Trust Fund prior to October 1, 2004: (1) Section 11023(b) (relating to the repayment by the District Government of costs attributable to errors or omissions in transferred records). (2) Section 11034 (relating to the treatment of the Trust Fund under certain laws). (3) Section 11061 (relating to annual valuations and reports by the enrolled actuary), except that in applying section 11061(b) to the D.C. Federal Pension Fund, the annual report required under such section shall include a determination of the annual payment to the D.C. Federal Pension Fund under section 11084. (4) Section 11062 (relating to reports by the Comptroller General). (5) Section 11071 (relating to judicial review). (6) Section 11074 (relating to the treatment of misappropriation of Trust Fund amounts as a Federal crime).. (b) Termination of Current Funds \n(1) District of Columbia Federal Pension Liability Trust Fund \nChapter 4 of subtitle A of title XI of such Act (sec. 1–807.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: 11036. Termination of Trust Fund \nEffective upon the transfer of the obligations and assets of the Trust Fund to the D.C. Federal Pension Fund under section 11083— (1) the Trust Fund shall terminate; and (2) the obligation to make Federal benefit payments from the Trust Fund, and any duty imposed on any person with respect to the Trust Fund, shall terminate.. (2) Federal Supplemental District of Columbia Pension Fund \nChapter 6 of subtitle A of title XI of such Act (sec. 1–811.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: 11056. Termination of Federal Supplemental Fund \nEffective upon the transfer of the assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund under section 11083— (1) the Federal Supplemental Fund shall terminate; and (2) any duty imposed on any person with respect to the Federal Supplemental fund shall terminate.. (c) Conforming Definitions \n(1) Trustee \nSection 11003(16) of such Act (sec. 1–801.02(16), D.C. Official Code) is amended by striking the period at the end and inserting the following: , or, beginning October 1, 2004, the Pension Fund Trustee selected by the Secretary under section 11085.. (2) D.C. Federal Pension Fund \nSection 11003 of such Act (sec. 1–801.02, D.C. Official Code) is amended— (A) by redesignating paragraphs (3) through (16) as paragraphs (4) through (17); and (B) by inserting after paragraph (2) the following new paragraph: (3) The term D.C. Federal Pension Fund means the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund established under section 11081.. (d) Other Conforming Amendment \nSection 11041(b) of such Act (sec. 1–809.01(b), D.C. Official Code) is amended in the heading by striking From Trust Fund. (e) Clerical Amendments \nThe table of contents of subtitle A of title XI of such Act is amended— (1) by adding at the end of the items relating to chapter 4 the following: Sec. 11036. Termination of Trust Fund ; (2) by adding at the end of the items relating to chapter 6 the following: Sec. 11056. Termination of Federal Supplemental Fund ; (3) by redesignating the item relating to chapter 9 as relating to chapter 10; (4) by redesignating the items relating to sections 11081 through 11087 as relating to sections 11091 through 11097; and (5) by inserting after the items relating to chapter 8 the following: Chapter 9—District of Columbia Federal Pension Fund Sec. 11081. Creation of Fund Sec. 11082. Uses of Amounts in Fund Sec. 11083. Transfer of Assets and Obligations of Trust Fund and Federal Supplemental Fund Sec. 11084. Determination of Annual Federal Payment Into D.C. Federal Pension Fund Sec. 11085. Administration Through Pension Fund Trustee Sec. 11086. Applicability of Other Provisions to D.C. Federal Pension Fund.", "id": "H6BE6A3E5F95B4AA68115EEA1368C10AC", "header": "Establishment of District of Columbia Federal Pension Fund For Payment of Federal Benefit Payments to District of Columbia Teachers, Police Officers, and Fire Fighters" }, { "text": "11081. Creation of Fund \n(a) Establishment \nThere is established on the books of the Treasury the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund (hereafter referred to as the D.C. Federal Pension Fund ), consisting of the following: (1) The assets transferred pursuant to section 11083. (2) The annual Federal payments deposited pursuant to section 11084. (3) Any amounts otherwise appropriated to such Fund. (4) Any income earned on the investment of the assets of such Fund pursuant to subsection (b). (b) Investment of Assets \nThe Secretary shall invest such portion of the assets of the D.C. Federal Pension Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the D.C. Federal Pension Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (c) Recordkeeping For Actuarial Status \nThe Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the D.C. Federal Pension Fund.", "id": "H434D64AA0D264093ACCE9E7851AA00F2", "header": "Creation of Fund" }, { "text": "11082. Uses of Amounts in Fund \n(a) In General \nAmounts in the D.C. Federal Pension Fund shall be used— (1) to make Federal benefit payments under this subtitle; (2) subject to subsection (b), to cover the reasonable and necessary administrative expenses incurred by any person in administering the D.C. Federal Pension Fund and carrying out this chapter; (3) for the accumulation of funds in order to finance obligations of the Federal Government for future benefits; and (4) for such other purposes as are specified in this subtitle. (b) Budgeting, Certification, and Approval of Administrative Expenses \nThe administrative expenses of the D.C. Federal Pension Fund shall be paid in accordance with an annual budget set forth by the Pension Fund Trustee which shall be subject to certification and approval by the Secretary.", "id": "H55CEC73C3DED4549AFEF7310A1BEE411", "header": "Uses of Amounts in Fund" }, { "text": "11083. Transfer of Assets and Obligations of Trust Fund and Federal Supplemental Fund \n(a) Transfer of Obligations \nEffective October 1, 2004, all obligations to make Federal benefit payments shall be transferred from the Trust Fund to the D.C. Federal Pension Fund. (b) Transfer of Assets \nEffective October 1, 2004, all assets of the Trust Fund and all assets of the Federal Supplemental Fund as of such date shall be transferred to the D.C. Federal Pension Fund.", "id": "H9D8FF2ADB96646BAA045259D14703460", "header": "Transfer of Assets and Obligations of Trust Fund and Federal Supplemental Fund" }, { "text": "11084. Determination of Annual Federal Payments Into D.C. Federal Pension Fund \n(a) Annual Amortization Amount \n(1) In general \nAt the end of each fiscal year (beginning with fiscal year 2005), the Secretary shall promptly pay into the D.C. Federal Pension Fund from the general fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero). (2) Determination of amount \nFor purposes of paragraph (1)— (A) the original unfunded liability is the present value as of the effective date of this Act of expected future benefits payable from the Federal Supplemental Fund; and (B) the annual amortization amount means the amount determined by the enrolled actuary to be necessary to amortize in equal annual installments (until fully amortized)— (i) the original unfunded liability over a 30-year period, (ii) a net experience gain or loss over a 10-year period, and (iii) any other changes in actuarial liability over a 20-year period. (3) Schedule for amortization \nIn determining the annual amortization amount under paragraph (2)(B), the enrolled actuary shall include amounts necessary to complete the amortization schedules used for determining the annual amortization amount for payments into the Federal Supplemental Fund under section 11053 (as in effect prior to the enactment of this chapter). (b) Administrative Expenses \nDuring each fiscal year (beginning with fiscal year 2009), the Secretary shall pay into the D.C. Federal Pension Fund from the general fund of the Treasury the amounts necessary to pay the reasonable and necessary administrative expenses described in section 11082(a)(2) for the year.", "id": "H2303169B66474315BFB136B2848104CE", "header": "Determination of Annual Federal Payments Into D.C. Federal Pension Fund" }, { "text": "11085. Administration Through Pension Fund Trustee \n(a) In General \nThe Secretary shall select a Pension Fund Trustee to carry out the responsibilities and duties specified in this subtitle in accordance with the contract described in subsection (b). (b) Contract \nThe Secretary shall enter into a contract with the Pension Fund Trustee to provide for the auditing of D.C. Federal Pension Fund assets, the making of Federal benefit payments under this subtitle from the D.C. Federal Pension Fund, and such other matters as the Secretary deems appropriate. The Secretary shall enforce the provisions of the contract and otherwise monitor the administration of the D.C. Federal Pension Fund. (c) Subcontracts \nNotwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Pension Fund Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Pension Fund Trustee in connection with its performance of the contract. The Pension Fund Trustee shall monitor the performance of any such subcontract and enforce its provisions. (d) Determination by the Secretary \nNotwithstanding subsection (b) or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Pension Fund Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Pension Fund Trustee. (e) Reports \nThe Pension Fund Trustee shall report to the Secretary, in a form and manner and at such intervals as the Secretary may prescribe, on any matters under the responsibility of the Pension Fund Trustee as the Secretary may prescribe.", "id": "HB5DAA251890C481CA3A6C80681EBDA7F", "header": "Administration Through Pension Fund Trustee" }, { "text": "11086. Applicability of Other Provisions to D.C. Federal Pension Fund \nThe following provisions of this subtitle shall apply with respect to the D.C. Federal Pension Fund in the same manner as such provisions applied with respect to the Trust Fund prior to October 1, 2004: (1) Section 11023(b) (relating to the repayment by the District Government of costs attributable to errors or omissions in transferred records). (2) Section 11034 (relating to the treatment of the Trust Fund under certain laws). (3) Section 11061 (relating to annual valuations and reports by the enrolled actuary), except that in applying section 11061(b) to the D.C. Federal Pension Fund, the annual report required under such section shall include a determination of the annual payment to the D.C. Federal Pension Fund under section 11084. (4) Section 11062 (relating to reports by the Comptroller General). (5) Section 11071 (relating to judicial review). (6) Section 11074 (relating to the treatment of misappropriation of Trust Fund amounts as a Federal crime).", "id": "H0F0DDAF0B9FD45E3BE14BB8B5E4FD893", "header": "Applicability of Other Provisions to D.C. Federal Pension Fund" }, { "text": "11036. Termination of Trust Fund \nEffective upon the transfer of the obligations and assets of the Trust Fund to the D.C. Federal Pension Fund under section 11083— (1) the Trust Fund shall terminate; and (2) the obligation to make Federal benefit payments from the Trust Fund, and any duty imposed on any person with respect to the Trust Fund, shall terminate.", "id": "H3440D75FC0664DF3B800E9E7C3BB3F8F", "header": "Termination of Trust Fund" }, { "text": "11056. Termination of Federal Supplemental Fund \nEffective upon the transfer of the assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund under section 11083— (1) the Federal Supplemental Fund shall terminate; and (2) any duty imposed on any person with respect to the Federal Supplemental fund shall terminate.", "id": "H34EA10A3FB904376930855B0BB20AC6D", "header": "Termination of Federal Supplemental Fund" }, { "text": "3. Administration of District of Columbia Judicial Retirement and Survivors Annuity Fund \n(a) Procedures For Resolving Denied Benefit Claims \n(1) In general \nSection 11–1570(c), D.C. Official Code, is amended by adding at the end the following new paragraph: (3)(A) In accordance with procedures approved by the Secretary, the Secretary shall provide to any individual whose claim for a benefit under this subchapter has been denied in whole or in part— (i) adequate written notice of such denial, setting forth the specific reasons for the denial in a manner calculated to be understood by the average participant in the program of benefits under this subchapter; and (ii) a reasonable opportunity for a full and fair review of the decision denying such claim. (B) Any factual determination made by the Secretary pursuant to this paragraph shall be presumed correct unless rebutted by clear and convincing evidence. The Secretary’s interpretation and construction of the benefit provisions of this subchapter shall be entitled to great deference.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to claims for benefits which are made after the date of the enactment of this Act. (b) Treatment of Misappropriation of Fund Amounts as Federal Crime \n(1) In general \nSection 11–1570, D.C. Official Code, is amended by adding at the end the following new subsection: (l) The provisions of section 664 of title 18, United States Code (relating to theft or embezzlement from employee benefit plans), shall apply to the Fund.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on the date of the enactment of this Act.", "id": "H4D63B1FB1CFF4EBAA979999E96070477", "header": "Administration of District of Columbia Judicial Retirement and Survivors Annuity Fund" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Rhode Island \n(a) In general \nSection 1860C–1(b) of the Social Security Act , as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No CCA areas within Rhode Island \nA CCA area shall not include an MSA any portion of which is within the State of Rhode Island.. (b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "H545D6369FD2940E3B20475123FCC281B", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Rhode Island" } ]

[ { "text": "1. Short title, etc \n(a) Short title \nThis Act may be cited as the Retirement Savings Account Act. (b) Amendment of 1986 Code \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.", "id": "H4D7FDE97FA034CDA96BDCF06D7719484", "header": "Short title, etc" }, { "text": "2. Retirement Savings Accounts \n(a) In general \nSection 408A (relating to Roth IRAs) is amended to read as follows: 408A. Retirement Savings Accounts \n(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash. (c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans. (e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account. (f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1). (g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6).. (b) Roth IRAs treated as Retirement Savings Accounts \nIn the case of any taxable year beginning after December 31, 2004, any Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of this Act) shall be treated for purposes of such Code as having been designated at the time of the establishment of the plan as a retirement savings account under section 408A(b) of such Code (as amended by this section). (c) Contributions to other individual retirement plans prohibited \n(1) Individual retirement accounts \nParagraph (1) of section 408(a) is amended to read as follows: (1) Except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), no contribution will be accepted on behalf of any individual for any taxable year beginning after December 31, 2004. In the case of any simplified employee pension or simple retirement account, no contribution will be accepted unless it is in cash and contributions will not be accepted for the taxable year on behalf of any individual in excess of— (A) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (B) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2).. (2) Individual retirement annuities \nParagraph (2) of section 408(b) is amended— (A) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), a premium shall not be accepted on behalf of any individual for any taxable year beginning after December 31, 2004, , and (B) by amending subparagraph (C), as redesignated by subparagraph (A), to read as follows: (C) the annual premium on behalf of any individual will not exceed— (i) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (ii) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2), and. (d) Conforming amendments \n(1) (A) Section 219 is amended to read as follows: 219. Contributions to certain retirement plans allowing only employee contributions \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18). (b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year. (c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made. (d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions. (e) Cross reference \nFor failure to provide required reports, see section 6652(g).. (B) Section 25B(d) is amended— (i) in paragraph (1)(A), by striking (as defined in section 219(e)) , and (ii) by adding at the end the following new paragraph: (3) Qualified retirement contribution \nThe term qualified retirement contribution means— (A) any amount paid in cash for the taxable year by or on behalf of an individual to an individual retirement plan for such individual’s benefit, and (B) any amount contributed on behalf of any individual to a plan described in section 501(c)(18).. (C) Section 86(f)(3) is amended by striking section 219(f)(1) and inserting section 408A(g). (D) Section 132(m)(3) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (E) Subparagraphs (A), (B), and (C) of section 220(d)(4) are each amended by inserting , as in effect on the day before the date of the enactment of the Retirement Savings Account Act at the end. (F) Section 408(b) is amended in the last sentence by striking section 219(b)(1)(A) and inserting paragraph (2)(C). (G) Section 408(p)(2)(D)(ii) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (H) Section 501(c)(18)(D)(i) is amended by striking section 219(b)(3) and inserting section 219(b). (I) Section 6652(g) is amended by striking section 219(f)(4) and inserting section 219(d)(2). (J) The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 219 and inserting the following new item: Sec. 219. Contributions to certain retirement plans allowing only employee contributions. (2) (A) Section 408(d)(4)(B) is amended to read as follows: (B) no amount is excludable from gross income under subsection (h) or (k) of section 402 with respect to such contribution, and. (B) Section 408(d)(5)(A) is amended to read as follows: (A) In general \nIn the case of any individual, if the aggregate contributions (other than rollover contributions) paid for any taxable year to an individual retirement account or for an individual retirement annuity do not exceed the dollar amount in effect under subsection (a)(1) or (b)(2)(C), as the case may be, paragraph (1) shall not apply to the distribution of any such contribution to the extent that such contribution exceeds the amount which is excludible from gross income under subsection (h) or (k) of section 402, as the case may be, for the taxable year for which the contribution was paid— (i) if such distribution is received after the date described in paragraph (4), (ii) but only to the extent that such excess contribution has not been excluded from gross income under subsection (h) or (k) of section 402.. (C) Section 408(d)(5) is amended by striking the last sentence. (D) Section 408(d)(7) is amended to read as follows: (7) Certain transfers from simplified employee pensions prohibited until deferral test met \nNotwithstanding any other provision of this subsection or section 72(t), paragraph (1) and section 72(t)(1) shall apply to the transfer or distribution from a simplified employee pension of any contribution under a salary reduction arrangement described in subsection (k)(6) (or any income allocable thereto) before a determination as to whether the requirements of subsection (k)(6)(A)(iii) are met with respect to such contribution.. (E) Section 408 is amended by striking subsection (j). (F) (i) Section 408 is amended by striking subsection (o). (ii) Section 6693 is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (G) Section 408(p) is amended by striking paragraph (8) and by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. (3) (A) Section 4973(a)(1) is amended to read as follows: (1) an individual retirement plan,. (B) Section 4973(b) is amended to read as follows: (b) Excess contributions to simplified employee pensions and simple retirement accounts \nFor purposes of this section, in the case of simplified employee pensions or simple retirement accounts, the term excess contributions means the sum of— (1) the excess (if any) of— (A) the amount contributed for the taxable year to the pension or account, over (B) the amount applicable to the pension or account under subsection (a)(1) or (b)(2) of section 408, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the account for the taxable year which were included in the gross income of the payee under section 408(d)(1), (B) the distributions out of the account for the taxable year to which section 408(d)(5) applies, and (C) the excess (if any) of the maximum amount excludible from gross income for the taxable year under subsection (h) or (k) of section 402 over the amount contributed to the pension or account for the taxable year. For purposes of this subsection, any contribution which is distributed from a simplified employee pension or simple retirement account in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (C) Section 4973 is amended by adding at the end the following new subsection: (h) Excess contributions to certain individual retirement plans \nFor purposes of this section, in the case of individual retirement plans (other than retirement savings accounts, simplified employee pensions, and simple retirement accounts), the term excess contribution means the sum of— (1) the aggregate amount contributed for the taxable year to the individual retirement plans, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the plans which were included in gross income under section 408(d)(1), and (B) the distributions out of the plans for the taxable year to which section 408(d)(5) applies. For purposes of this subsection, any contribution which is distributed from the plan in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (4) (A) Sections 402(c)(8)(B), 402A(c)(3)(A)(ii), 3405(e)(1)(B), and 4973(f) are each amended by striking Roth IRA each place it appears and inserting retirement savings account. (B) Section 4973(f)(1)(A) is amended by striking Roth IRAs and inserting retirement savings accounts. (C) Paragraphs (1)(B) and (2)(B) of section 4973(f) are each amended by striking sections 408A(c)(2) and and (c)(3) and inserting section 408A(c)(1). (D) Subsection (f) of section 4973 is amended in the heading by striking Roth IRAs and inserting Retirement Savings Accounts. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H804BA28F56864F8792D800ECE84362E6", "header": "Retirement Savings Accounts" }, { "text": "408A. Retirement Savings Accounts \n(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash. (c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans. (e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account. (f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1). (g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6).", "id": "H931265B285C6471D879EB1E486E2ABC2", "header": "Retirement Savings Accounts" }, { "text": "219. Contributions to certain retirement plans allowing only employee contributions \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18). (b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year. (c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made. (d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions. (e) Cross reference \nFor failure to provide required reports, see section 6652(g).", "id": "H8D63EFFF42614F68BF1D88A9F5DA6059", "header": "Contributions to certain retirement plans allowing only employee contributions" } ]

[ { "text": "1. Permanent resident status for Malik Jarno \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Malik Jarno shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Malik Jarno enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Malik Jarno, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Malik Jarno shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HB63BFEC524D4418B9FDAC45095C6D879", "header": "Permanent resident status for Malik Jarno" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Servicemembers Legal Protection Act of 2004.", "id": "HE5E430BA32C446138FE4603DD111E6CE", "header": "Short title" }, { "text": "2. Clarification of meaning of judgment as used in the Act \nSection 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 511 ) is amended by adding at the end the following new paragraph: (9) Judgment \nThe term judgment means any judgment, decree, order, or ruling, final or temporary..", "id": "HCEC0B5A271234A2BB6B7AD4D1942CFA1", "header": "Clarification of meaning of judgment as used in the Act" }, { "text": "3. Requirements relating to waiver of rights under the Act \nSection 107 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517 ) is amended— (1) In subsection (a), by inserting after the first sentence the following new sentence: Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): (c) Prominent display of certain contract rights waivers \nAny waiver in writing of a right or protection provided by this Act that applies to a contract, lease, or similar legal instrument must be in at least 12 point type..", "id": "H51C7035573D54AC98F81B91E0873A3BF", "header": "Requirements relating to waiver of rights under the Act" }, { "text": "4. Right of servicemember plaintiffs to request stay of civil proceedings \nSection 202(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 522(a) ) is amended by inserting plaintiff or before defendant.", "id": "HFCF516FA6F79478BA75E8279C1A73F92", "header": "Right of servicemember plaintiffs to request stay of civil proceedings" }, { "text": "5. Termination of leases \n(a) Joint leases \nSubsection (a) of section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 ) is amended— (1) by designating the text of that subsection as paragraph (1), inserting before The lessee on a the following: In general , redesignating paragraphs (1) and (2) thereof as subparagraphs (A) and (B), respectively, and realigning that text so as to be indented two ems to the right; and (2) by adding at the end the following: (2) Joint leases \nA lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.. (b) Motor vehicles leases \n(1) Applicability to pcs orders from states outside conus \nSubparagraph (B) of subsection (b)(2) of such section is amended by striking military orders for and all that follows through or to deploy and inserting military orders— (i) for a change of permanent station— (I) from a location in the continental United States to a location outside the continental United States; or (II) from a location in a State outside the continental United States to any location outside that State; or (ii) to deploy. (2) Definitions \nSuch section is further amended by adding at the end the following new subsection: (i) Definitions \n(1) Military orders \nThe term military orders , with respect to a servicemember, means official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status. (2) Conus \nThe term continental United States means the 48 contiguous States and the District of Columbia.. (c) Coverage of individual deployments \nSubsection (b) of such section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii) (as designated by subsection (b) of this section) by inserting , or as an individual in support of a military operation, after deploy with a military unit.", "id": "HC85CEC8AD357492F9905D2325D54AE87", "header": "Termination of leases" }, { "text": "6. Prevention of double taxation of certain servicemembers \nSection 511(c) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 571(c) ) is amended by adding at the end the following new paragraph: (5) Use, excise, or similar taxes \nA tax jurisdiction may not impose a use, excise, or similar tax on the personal property of a nonresident servicemember when the laws of the tax jurisdiction fail to provide a credit against such taxes for sales, use, exercise, or similar taxes previously paid on the same property to another tax jurisdiction..", "id": "HE840544E459F42BAA3C13735B73F374", "header": "Prevention of double taxation of certain servicemembers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the FAIR (Foreign Air Impact Regulation) AIR Act of 2004.", "id": "HC1BA8A4DDE414E119E43FC30DABAA189", "header": "Short title" }, { "text": "2. Delay of effective date of reclassification of nonattainment areas \n(a) Amendment \nSection 179B of the Clean Air Act ( 42 U.S.C. 7509a ) is amended by adding at the end the following: (e) Delay of effective date of reclassification \n(1) Application \nThis paragraph applies to a nonattainment area if— (A) the area is adjacent to a foreign country; and (B) the State in which the area is located, in consultation with the regional air quality authority involved, submits to the Administrator a claim that the area would have attained the national ambient air quality standard for the air pollutant involved by the applicable attainment date, but for emissions emanating from outside of the United States. (2) Delay of effective date \nThe reclassification of an area described in subparagraph (A) to a higher classification of nonattainment shall not take effect unless the Administrator finds that each of the following is satisfied: (A) The Secretary of State shall— (i) enter into negotiations with the appropriate officials of the foreign country involved, in consultation with local leaders in the nonattainment area, air quality monitoring organizations, and other appropriate public and private entities, to develop a plan for improving the air quality of the international area encompassing the nonattainment area; and (ii) submit the plan developed under clause (i) to the Congress. (B) The Administrator, taking into consideration the plan developed under clause (i), shall take such actions as may be appropriate, including the provision of assistance to local and international air quality groups, to improve the air quality of the nonattainment area.. (b) Applicability \nThe amendment made by this Act applies to the reclassification of a nonattainment area without respect to whether such reclassification occurs before the date of the enactment of this Act.", "id": "H4FBC4558BF80459FB581BEC455DA1686", "header": "Delay of effective date of reclassification of nonattainment areas" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Soda Ash Royalty Reduction Act of 2004.", "id": "HDEAC89FCD3F34CEFB487C443BE77761D", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The combination of global competitive pressures, flat domestic demand, and spiraling costs of production threaten the future of the United States soda ash industry. (2) Despite booming world demand, growth in United States exports of soda ash since 1997 has been flat, with most of the world's largest markets for such growth, including Brazil, the People's Republic of China, India, the countries of eastern Europe, and the Republic of South Africa, have been closed by protectionist policies. (3) The People's Republic of China is the prime competitor of the United States in soda ash production, and recently supplanted the United States as the largest producer of soda ash in the world. (4) Over 700 jobs have been lost in the United States soda ash industry since the Department of the Interior increased the royalty rate on soda ash produced on Federal land, in 1996. (5) Reduction of the royalty rate on soda ash produced on Federal land will provide needed relief to the United States soda ash industry and allow it to increase export growth and competitiveness in emerging world markets, and create new jobs in the United States.", "id": "H12E1397A1C2B48E59E00216C8DA38927", "header": "Findings" }, { "text": "3. Reduction in royalty rate on soda ash \nNotwithstanding section 102(a)(9) of the Federal Land Policy Management Act of 1976 ( 43 U.S.C. 1701(a)(9) ), section 24 of the Mineral Leasing Act ( 30 U.S.C. 262 ), and the terms of any lease under that Act, the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land in the 5-year period beginning on the date of the enactment of this Act shall be 2 percent.", "id": "H7D9712367F0944E7B4C56D147BE18922", "header": "Reduction in royalty rate on soda ash" }, { "text": "4. Study \nAfter the end of the 4-year period beginning on the date of the enactment of this Act, and before the end of the 5-year period beginning on that date, the Secretary of the Interior shall report to the Congress on the effects of the royalty reduction under this Act, including— (1) the amount of sodium compounds and related products at the point of shipment to market from Federal land during that 4-year period; (2) the number of jobs that have been created or maintained during the royalty reduction period; (3) the total amount of royalty paid to the United States on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market produced during that 4-year period, and the portion of such royalty paid to States; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the 5-year period beginning on the date of the enactment of this Act.", "id": "HA4B3BBAC2D40477EB7B652BFD7258702", "header": "Study" } ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) The Government of the Republic of India has estimated that 4,580,000 people in India are infected with the human immunodeficiency virus ( HIV ) and cases of individuals with the acquired immune deficiency syndrome ( AIDS ) have been reported in almost all the states and union territories of India. (2) The effort to combat the HIV/AIDS pandemic in India has reached a critical point, as HIV/AIDS is spreading rapidly from urban to rural areas and from high-risk groups to the general population. (3) Political leaders, public health officials, non-governmental organizations, and medical and scientific communities in India have taken important steps to combat HIV/AIDS in that country, but assistance from the United States is urgently needed to enhance such efforts.", "id": "H8DF47668CC2D432AB92C3D81B4907FA", "header": "Findings" }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the addition of India to the list of countries for which the Coordinator of United States Government Activities to Combat HIV/AIDS Globally is responsible under section 1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(f)(2)(B)(ii)(VII) ) for the approval of all activities of the United States (including funding) relating to combatting HIV/AIDS should not decrease the amount of funding made available for assistance to any other country under such section for such purpose; (2) the United States should continue to increase the number of countries eligible to receive assistance from the United States to combat HIV/AIDS; and (3) the United States should increase the total amount of assistance available to combat HIV/AIDS.", "id": "H5A6F4D1ADA2149DE95746CF631618ED8", "header": "Sense of Congress" }, { "text": "3. Assistance to combat HIV/AIDS in India \nSection 1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(f)(2)(B)(ii)(VII) ) is amended by inserting after Haiti, the following: India,.", "id": "H147AA89905AC4369B5F8620000D217CE", "header": "Assistance to combat HIV/AIDS in India" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act.", "id": "HB58A3AC1F8BE4BC99F18BE16B1FFA13", "header": "Short title" }, { "text": "2. Electronic Submission of biographical information by visa waiver participants \n(a) In general \nThe Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is required to submit biographical information prior to embarkation. (b) Elements \nThe electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility \nThe system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)). (2) Carrier obligations \nThe system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment \nThe system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee \nThe Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation \nIn developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in travel, tourism, privacy, national security, or computer security issues.", "id": "H30B9A1D5AB4046CFAFD89FC483C199A9", "header": "Electronic Submission of biographical information by visa waiver participants" }, { "text": "3. Change to requirement for readers and scanners at ports of entry \nSection 303(b)(2)(A) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows: (A) In general \nNot later than October 26, 2004, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens. Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of passports issued pursuant to subsection (c)(1)..", "id": "H1A22F1C178BE4443AF26AE2CB8574F88", "header": "Change to requirement for readers and scanners at ports of entry" }, { "text": "4. Technology standard implementation deadline \nSection 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and (2), by striking 2004, and inserting 2005,.", "id": "H778F71EF2DE744958D26F044D7F21188", "header": "Technology standard implementation deadline" }, { "text": "5. Limited good faith waiver \nSection 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the following: (3) Limited good faith waiver \n(A) In general \nThe Secretary of Homeland Security, in consultation with the Secretary of State, may grant not more than 2 extensions for a country, and its nationals, of the deadlines in paragraphs (1) and (2), respectively, upon a determination that the country is making substantial progress towards ensuring that the passports the country issues to its nationals satisfy the requirements of paragraph (1). Each such extension shall be for a period not exceeding 6 months. (B) Factors \nIn determining whether a country is making substantial progress under subparagraph (A), the Secretary of Homeland Security shall take into account the following factors, which shall be certified by the Secretary of State: (i) Whether the country has made a good faith effort to satisfy the requirements of paragraph (1) not later than October 26, 2005. (ii) Whether the country has a program designed to satisfy the requirements of paragraph (1) not later than October 26, 2006. (iii) Whether the country has commenced a pilot program under which some number of passports that satisfy the requirements of paragraph (1) will be issued before March 26, 2006. (4) Reports \n(A) Initial \nNot later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue an initial report on the status of countries’ progress in meeting the requirements of paragraph (1). (B) Final \nNot later than April 25, 2006, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue a final report on the status of countries’ progress in meeting the requirements of paragraph (1)..", "id": "H221115E5F99F4A83ADAC8807D43D018C", "header": "Limited good faith waiver" }, { "text": "6. Technical and conforming amendments \nSection 303 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732) is amended by striking Attorney General each place that term appears and inserting Secretary of Homeland Security.", "id": "H405BABF40FAF43FAA56F711C42886254", "header": "Technical and conforming amendments" } ]

[ { "text": "1. Contributions to section 403( b ) pension plans allowed by state government employers \n(a) In general \nClause (ii) of section 403(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking , who performs services for an educational organization described in section 170(b)(1)(A)(ii),. (b) Effective Date \nThe amendment made by this section shall apply to years beginning after the date of the enactment of this Act.", "id": "H0526782801CB48FDBB759B25B331589C", "header": "Contributions to section 403(b) pension plans allowed by state government employers" } ]

[ { "text": "1. District judgeship for the eastern district of California \n(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California. (b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "H9DBA95A434B54AB6BFFE44C3D1D5253", "header": "District judgeship for the eastern district of California" } ]

[ { "text": "1. Crop disaster assistance \n(a) Definitions \nIn this section: (1) Additional coverage \nThe term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (2) Insurable commodity \nThe term insurable commodity means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (3) Noninsurable commodity \nThe term noninsurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (b) Emergency financial assistance \nNotwithstanding section 508(b)(7) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b)(7) ), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop (as elected by a producer), but not both crops, due to damaging weather or related condition, as determined by the Secretary. (c) Administration \nThe Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (d) Ineligibility for assistance \nExcept as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses. (e) Contract waiver \nThe Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (f) Effect of violation \nIn the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. (g) Payment limitations \n(1) Limit on amount of assistance \nAssistance provided under this section to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments \nIn applying the limitation in paragraph (1), the Secretary shall include the following: (A) Any crop insurance payment made under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. (3) Effect of florida disaster programs \nThe amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance that the producer receives for the same loss under the Florida Disaster Programs carried out pursuant to the Farm Service Agency notice (DAP–203) released October 4, 2004.", "id": "HF288B3453B5847CEA8901CF1CCD7BEF", "header": "Crop disaster assistance" }, { "text": "2. Livestock assistance program \n(a) Emergency financial assistance \nThe Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 ; 114 Stat. 1549A–51). (b) Administration \nThe Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 ; 114 Stat. 1549A–51). (c) Mitigation \nIn determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided.", "id": "H6DEE1F45B7624239AB8F13A7B21C53F6", "header": "Livestock assistance program" }, { "text": "3. Tree assistance program \n(a) Emergency assistance \nThe Secretary of Agriculture shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under sections 10201 through 10204 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8201 et seq. ) to producers who suffered tree losses during the period beginning on December 1, 2003, and ending on December 31, 2004. (b) Additional assistance \nIn addition to providing assistance to eligible orchardists under the tree assistance program, the Secretary shall use an additional $15,000,000 of the funds of the Commodity Credit Corporation to provide reimbursement under section 10203 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8203 ) to eligible forest land owners who produce periodic crops of timber from trees for commercial purposes and who have suffered tree losses during the period specified in subsection (a).", "id": "HEB5AEEB7E3D846CD9FCE0765AD00B7EE", "header": "Tree assistance program" }, { "text": "4. Emergency conservation program \nThe Secretary of Agriculture shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ). Participants in the Emergency Conservation Program shall receive the maximum cost share percentage allowed under section 701.26 of title 7, Code of Federal Regulations.", "id": "H8E5ACA8F204C4977BACFEC009FCFB6DD", "header": "Emergency conservation program" }, { "text": "5. Commodity credit corporation \nThe Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act.", "id": "H36D1686C0F664D7BA7C4427DACE9FA25", "header": "Commodity credit corporation" }, { "text": "6. Regulations \n(a) In general \nThe Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act. (b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "HF469992F4C704F5CA1A01646E0FEAB82", "header": "Regulations" }, { "text": "7. Offset \nSection 1241(a)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a)(3) ) is amended by inserting before the period at the end the following: , using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014.", "id": "H8B1F2028E1524F3093B500DE594CA835", "header": "Offset" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Secure Borders Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Securing our borders Subtitle A—Infrastructure enhancements Sec. 101. Establishment of Land Border Infrastructure Improvement Fund Sec. 102. Requiring a vulnerability assessment of land ports of entry Sec. 103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs Subtitle B—Enhancing border monitoring technology Sec. 111. Deployment of surveillance systems along the U.S.-Mexico border Sec. 112. Deployment of surveillance systems along the US–Canadian border Sec. 113. Level of K–9 units Sec. 114. Deployment of radiation portal monitors on the southern border Subtitle C—Ensuring sufficient well-trained personnel at our borders Sec. 121. Double the number of CBP personnel Sec. 122. Assessing staffing needs at our borders Sec. 123. Additional and continuous training for inspectors Sec. 124. Requiring report on the One Face at the Border Initiative Subtitle D—Establishing a comprehensive border security strategy Sec. 131. Land border security strategy Sec. 132. Improved Information Sharing Sec. 133. Creation of northern and southern border coordinators Sec. 134. Smart Border Accord implementation Sec. 135. Sense of Congress on the period of admission for border crossing card holders Subtitle E—Enhancing border security programs Sec. 141. Creating a more effective entry-exit system Sec. 142. Transportation worker identification card Sec. 143. Standards and verification procedures for the security of intermodal cargo containers Sec. 144. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico Subtitle F—Securing our tribal and Federal lands and territories Sec. 151. Office of Tribal Security Sec. 152. Transfer of Shadow Wolves from CPB to ICE Sec. 153. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds Title II—Securing identification documents Sec. 201. State identification document standards Sec. 202. Training in fraud detection and prevention for officers in divisions of motor vehicles Title III—Securing the interior; tools for border security Subtitle A—Increase in staff for ICE Sec. 301. Personnel increase Sec. 302. ICE strategy and staffing assessment Subtitle B—Increase in detention space Sec. 311. Increase in detention space Sec. 312. Sense of Congress regarding processing of criminal aliens while incarcerated Sec. 313. Sense of Congress regarding increase in prosecutors and immigration judges Subtitle D—Enhancing Law Enforcement Access to Informants Sec. 351. New class of nonimmigrant aliens Sec. 352. Adjustment of status of nonimmigrant to that of person admitted for permanent residence Subtitle E—Increased penalties for smuggling Sec. 361. Combating aggravated alien smuggling Sec. 362. Increased criminal sentences and fines for alien smuggling Sec. 363. Increased penalty for smuggling Title IV—Beyond our borders (international) Subtitle A—Coordinating DHS mission overseas Sec. 401. Office of International Affairs; effective and efficient management and coordination of international assignments Sec. 402. Creation of an Office of Overseas Service Subtitle B—Implementing a more effective visa security program Sec. 411. Implementing a more effective visa security program Subtitle C—Securing the visa waiver program Sec. 421. Visa waiver program passenger screening; biographical checks Sec. 422. Defining security responsibilities of the Visa Waiver Program Office Sec. 423. Additional and continuous training for inspectors in fraud and imposter detection Sec. 424. Authorization of funds Title V—Securing the immigration benefits process Sec. 501. Immigration ombudsman Sec. 502. CIS workflow, technology, and staffing assessment Sec. 503. Study on biometrics Sec. 504. Digitizing immigration functions Sec. 505. Study on digitizing immigration benefit applications", "id": "H1772173805B242549CE3795066D3BBEF", "header": "Short title; table of contents" }, { "text": "101. Establishment of Land Border Infrastructure Improvement Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account which shall be known as the Land Border Infrastructure Improvement Fund. Amounts deposited in such fund shall remain available to the Secretary of Homeland Security until expended, subject to the provisions of appropriations Acts, to carry out infrastructure and technology improvement projects at our nation’s ports of entry, as assessed in section 102, to reduce and prevent the nation’s land border vulnerability to terrorist attack, and penetration by terrorists and criminals, while effectively facilitating the movement of goods, services, and legitimate travelers. (b) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out the projects described in subsection (c). (c) Projects described \nThe Secretary of Homeland Security may carry out infrastructure and technology improvement projects recommended in the report submitted under section 102 in order to reduce the vulnerability of ports of entry.", "id": "HEC425A710F944E75908D4856B2DFC228", "header": "Establishment of Land Border Infrastructure Improvement Fund" }, { "text": "102. Requiring a vulnerability assessment of land ports of entry \n(a) Initial assessment \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the vulnerability of each United States land port of entry to penetration by terrorists and criminals or terrorist attack. In carrying out assessments under this paragraph, the Secretary shall categorize the vulnerability of each port of entry as high , medium , or low and shall prioritize the vulnerability of each port of entry within each such category. In conducting the assessment, the Secretary of Homeland Security shall consult with appropriate State, local, and private sector representatives. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains— (A) the results of the assessment conducted under paragraph (1); (B) with respect to each port of entry categorized under paragraph (1) as either a high or medium vulnerability port of entry, descriptions of— (i) infrastructure and technology improvement projects required for the port of entry in order to reduce its vulnerability; and (ii) the resources required to make such improvements; and (C) a description of how the funds will be used to implement technology and infrastructure improvement projects. (b) Follow-up assessments \nThe Secretary of Homeland Security shall conduct follow-up assessments of land border ports of entry every 2 years and shall submit such reports to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H18C35AD70C7C46B8AF943998F6DD0900", "header": "Requiring a vulnerability assessment of land ports of entry" }, { "text": "103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs \n(a) Sense of Congress \nIt is the sense of the Congress that preenrollment programs should be expanded to all major ports of entry because these programs assist our frontline officers in the fight against terrorism. These programs allow inspectors to focus more closely on unknown travelers by subjecting participants to in depth background and watch list checks. (b) Permanent authorization \n(1) In general \nThe Secretary of Homeland Security shall make permanent pre-enrollment programs that subject participants who are aliens, and citizens of the United States, to criminal and watch list screenings and fingerprint checks prior to enrolling in order to gain expedited inspections at ports of entry. (2) Specific programs \nThe programs described in paragraph (1) shall include, at a minimum, the following: (A) The Free and Secure Trade, or FAST , program authorized under subpart B of title IV of the Tariff Act of 1930 (19 U.S.C 1411 et seq). (B) The Secure Electronic Network for Travelers Rapid Inspection, or SENTRI , program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (C) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (D) Successor programs to the programs described in subparagraphs (A) through (C). (c) Authorization of funds necessary to build adequate infrastructure to render programs effective \nThere are authorized to be appropriated such funds as may be necessary to improve infrastructure to enhance access to pre-enrollment lanes, and to accomplish all the other purposes outlined in this section, in order to facilitate inspections and expedite the flow of travel and commerce. (d) Reduction of program fees \nThe Secretary of Homeland Security may reduce the enrollment fees for the programs described in subsection (a) if necessary to encourage participation. (e) Creation of remote enrollment centers \nThe Secretary shall create a minimum of 4 remote enrollment centers, away from the borders of the United States, for such programs in major population centers where there is a demand for such a service. (f) Creation of appeals process \nThe Secretary of Homeland Security must establish a process to review actions that terminate the participation of travelers in pre-enrollment programs. (g) Report on budget, program use, and enforcement \nThe Secretary of Homeland Security annually shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on the programs described in subsection (a). The report should include a review of costs associated with the programs, including— (1) areas of program expansion within a port-of-entry, to other ports-of-entry and to other modes of travel including air, mass transit, bicycle and pedestrians; (2) the cost of upgrade and maintenance needs; (3) update on status and expansion of enrollment centers; (4) infrastructure needs on the US, Canadian, and Mexican sides of the border to enhance the programs; (5) universal access through ports; (6) technology and database enhancements to link watch lists to the programs; (7) the feasibility of incorporating radio frequency enabled travel documents into the programs, such as passports, alien registration cards, and other documents; (8) the cost of enabling all inspection lanes with pre-enrollment technology; (9) public information campaign and relevant associated costs; and (10) for each pre-enrollment location— (A) total vehicles processed per month; (B) total pre-enrolled vehicles processed per month; (C) total pre-enrolled vehicles processed per day; (D) total nonenrolled vehicles processed per month; (E) total nonenrolled vehicles processed per day; (F) completed compliance checks performed per month; (G) duration of inspections; (H) number of passengers per vehicle; (I) basis for apprehension of violator; (J) types of violation; and (K) enforcement actions.", "id": "H6179E114273048B38CC7BA722C36C00", "header": "Enhancing SENTRI, FAST, and NEXUS preenrollment programs" }, { "text": "111. Deployment of surveillance systems along the U.S.-Mexico border \n(a) Plan \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a comprehensive plan to fully deploy technological surveillance systems along the U.S.-Mexico border. Surveillance systems included in the deployment plan must— (1) ensure continuous monitoring of every mile of the U.S.-Mexico border; and (2) to the extent practicable, be fully interoperable with existing surveillance systems, such as the Integrated Surveillance Intelligence Systems already in use by the Department of Homeland Security. Additionally, the deployment plan should include, but not be limited to, the following elements: (3) A description of the specific technology to be deployed. (4) An assessment of the success of existing technologies to determine if one technology is better than another, or whether there is a way to combine the capabilities of various detection devices into a single device. (5) A description of the technological features of surveillance systems allowing for compatibility, if practicable, with existing surveillance technologies. (6) A description of how the U.S. Border Patrol is working, or will work, with the Directorate of Science and Technology to analyze high altitude monitoring technologies (such as unmanned aerial vehicles and tethered aerostat radar systems) for use with land-based monitoring technologies. (7) A description of how radiation portal monitors will be deployed to ports of entry along the U.S.-Mexico border, and other border locations, consistent with section 114. (8) A description of how K–9 detection units will be increased along the U.S.-Mexico border, consistent with section 113. (9) A description of how surveillance technology will provide for continuous monitoring of the border. (10) The identification of any obstacles that may impede full implementation of the deployment plan. (11) A detailed estimate of all costs associated with the implementation of the deployment plan. (b) Deployment \nNot later than September 30, 2006, the Secretary of Homeland Security shall fully implement the plan described in subsection (a). (c) Report \nNot later than September 30, 2005, the Secretary of Homeland Security shall submit the plan described in subsection (a) to the appropriate congressional committee (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2005 and 2006, and such sums as may be necessary for each succeeding fiscal year.", "id": "H45D42CB2608441B2B1BB641820A98845", "header": "Deployment of surveillance systems along the U.S.-Mexico border" }, { "text": "112. Deployment of surveillance systems along the US–Canadian border \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a plan to install surveillance systems along the U.S.-Canadian border and provide the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) with a cost estimate and deployment schedule designed to implement such plan.", "id": "H331DEC29DF5B466A866B1C00341F5190", "header": "Deployment of surveillance systems along the US–Canadian border" }, { "text": "113. Level of K–9 units \n(a) In general \nThe Secretary of Homeland Security shall increase the number of K–9 units working within U.S. Customs and Border Protection, including adding infrastructure, officers ,and support staff necessary for each unit, by 20 percent above levels in existence at the end of fiscal year 2004. (b) Use of new units \nThe K–9 units added under subsection (a) shall be distributed proportionately to both the U.S.-Mexico border and the U.S.-Canadian border, and be used only for bomb, passenger, and currency detection purposes. (c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H7EFDE72B855449A4A2FE7FBD7C7D1D13", "header": "Level of K–9 units" }, { "text": "114. Deployment of radiation portal monitors on the southern border \n(a) In general \nThe Secretary of Homeland Security shall ensure radiation portal monitors are installed at all southern border ports of entry not later than September 30, 2005. (b) Authorization of appropriations \nThere are authorized to be appropriated $49,000,000 to carry out this section.", "id": "HFF85C929D35F43A5A557BCE967E473C", "header": "Deployment of radiation portal monitors on the southern border " }, { "text": "121. Double the number of CBP personnel \n(a) Temporary increase in personnel \nPending congressional consideration of the study described in section 122, there are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary— (1) to double, as compared to the number of such positions which existed at the end of fiscal year 2004, the number of positions for U.S. Customs and Border Protection personnel (including support personnel) at and between our nation's ports of entry; (2) to establish, not later than September 30, 2005, at least one Border Patrol unit for the Virgin Islands of the United States; and (3) to establish facilities in which the additional personnel described in paragraph (1) may work. (b) Waiver of limitation \nThe Secreta ry of Homeland Security is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of subsection (a).", "id": "HC793338F2F1D485B9EF806CB47B4C800", "header": "Double the number of CBP personnel" }, { "text": "122. Assessing staffing needs at our borders \nThe Secretary of Homeland Security shall contract with an independent entity to undertake a study to determine the necessary level and allocation of personnel, including support staff, at United States ports of entry and border patrol sectors. The study shall take into account, at a minimum, the overall mission of U.S. Customs and Border Protection, threat and vulnerability information pertaining to the nation’s borders and ports of entry, the impact of new border security programs, policies and technologies, and an analysis of traffic volumes and wait times at ports of entry. The study is to be provided to the appropriate congressional committees, as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ), not later than 1 year after the date of the enactment of this Act.", "id": "H5326EE6AD45C42D69FE66ED4C371C13", "header": "Assessing staffing needs at our borders" }, { "text": "123. Additional and continuous training for inspectors \n(a) In general \nThe Secretary of Homeland Security shall provide appropriate training for inspectors, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. (b) Language training \nThe Secretary of Homeland Security ensure that inspectors assigned to the southern border are proficient in Spanish language, and shall provide training to inspectors in Spanish and other languages determined to be necessary in carrying out anti-terrorism and law enforcement functions. The Secretary of Homeland Security shall provide, where necessary, appropriate language training to inspectors and border patrol agents on the northern border. (c) Retention and development of experts \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall make recommendations to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on how the current Department of Homeland Security personnel system should be modified to allow for the retention and development of immigration and customs experts, to include the creation of new positions.", "id": "H6ED78F39C2CF4A1EA04D61F9FF50B4F1", "header": "Additional and continuous training for inspectors" }, { "text": "124. Requiring report on the One Face at the Border Initiative \n(a) In general \nNot later than September 30 of each of the calendar years 2005 and 2006, the Commissioner of Customs shall prepare and submit to Congress a report— (1) describing and analyzing the goals, success, and shortfalls of the One Face at the Border Initiative at enhancing security and facilitating travel; (2) providing a breakdown of the number of personnel of U.S. Customs and Border Protection that were personnel of the United States Customs Service prior to the establishment of the Department of Homeland Security, that were personnel of the Immigration and Naturalization Service prior to the establishment of the Department of Homeland Security, and that were hired after the establishment of the Department of Homeland Security; (3) describing the training time provided to each employee on an annual basis for the various training components of the One Face at the Border Initiative; (4) outlining the steps taken by U.S. Customs and Border Protection to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative; and (5) reviewing whether the missions of customs, agriculture, and immigration are equally emphasized. (b) Assessment of report \nThe Comptroller General of the United States shall the review the reports submitted under subsection (a) and shall provide an assessment to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) regarding the effectiveness of the One Face at the Border Initiative.", "id": "H15FF680D7F6D43AC8CBFDC81E35B2BAD", "header": "Requiring report on the One Face at the Border Initiative" }, { "text": "131. Land border security strategy \n(a) In general \nThe Secretary of Homeland Security, in consultation with the heads of all other Federal agencies with border-related functions or with facilities or lands on or along the border, shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) unclassified and classified versions of a unified, comprehensive strategy to secure the land borders of the United States not later than 6 months after the date of the enactment of this Act. The submission should include a description of the actions already taken to implement the strategy. (b) Contents \nThe report shall cover the following areas: (1) Personnel. (2) Infrastructure. (3) Technology. (4) Coordination of intelligence among agencies. (5) Legal responsibilities. (6) Criminal statutes. (7) Apprehension goals. (8) Prosecutorial guidelines. (9) Economic impact. (10) Flow of commerce. (c) Consultation \nIn creating the strategy described in subsection (a), the Federal agencies described in such subsection shall consult private sector organizations and nongovernmental organizations with national security, privacy, agriculture, immigration, customs, transportation, technology, legal, and business expertise. (d) Implementation \nThe Secretary shall implement the strategy not later than 12 months after the date of the enactment of this Act. (e) Evaluation \nThe Comptroller General of the United States shall track, monitor, and evaluate such strategy to secure our borders to determine its efficacy. (f) Report \nNot later than 15 months after the date of the enactment of this Act, and every year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Congress on the results of the activities undertaken under subsection (a) during the previous year. Each such report shall include an analysis of the degree to which the border security strategy has been effective in securing our borders. Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to improve and increase border security.", "id": "HEC96B8C4B2C8418D82B3D5E728D72231", "header": "Land border security strategy" }, { "text": "132. Improved Information Sharing \nThe Secretary of Homeland Security shall, not later than October 1, 2005— (1) integrate the IDENT and IAFIS databases; and (2) make interoperable databases used by inspectors in secondary inspections.", "id": "H0BF9F213E7474E27B1F4004E004ED28F", "header": "Improved Information Sharing" }, { "text": "133. Creation of northern and southern border coordinators \n(a) In general \nTitle IV of the Homeland Security Act of 2002 (6 U.S.C. 201 seq.) is amended— (1) in section 402, by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: (8) Increasing the security of the United States at the ports of entry located along the northern and southern borders, and improving the coordination among the agencies responsible for maintaining that security. ; and (2) in subtitle C, by adding at the end the following: 431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.. (b) Clerical amendment \nSection 1(b) of such Act is amended in the table of contents by inserting after the item relating to section 430 the following: Sec. 431. Border coordinators.", "id": "H401A725340B44F988D6EE2E484E129AA", "header": "Creation of northern and southern border coordinators" }, { "text": "431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.", "id": "H8A7D0846FD4B470C83FF67BA5C45B4B", "header": "Border coordinators" }, { "text": "134. Smart Border Accord implementation \nThe President shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) information about the ongoing progress on implementation of the Smart Border Accords through quarterly updates on meetings of the Smart Border Working Group.", "id": "H945052DFF10A4EAA8BF0CDC0011B53E0", "header": "Smart Border Accord implementation" }, { "text": "135. Sense of Congress on the period of admission for border crossing card holders \n(a) Sense of Congress \nIt is the sense of the Congress that citizens and nationals of Mexico should be treated with parity in relation to citizens and nationals of Canada in establishing the periods of time they are lawfully permitted to remain in the United States. (b) Modification to documentary requirements \nNotwithstanding any other provision of law, once section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note) is fully implemented, the period of admission for an alien entering the United States under a border crossing card shall be 6 months.", "id": "H6728CF42977F48BEA61FADA92C83BC88", "header": "Sense of Congress on the period of admission for border crossing card holders" }, { "text": "141. Creating a more effective entry-exit system \n(a) Creation of a US–VISIT outreach office \n(1) In general \nThe Secretary of Homeland Security shall create an “Office of US–VISIT Outreach” that will inform on a regular basis local border officials, residents, and businesses about developments in the US–VISIT program. Specifically, this office shall provide information to local border officials, residents, and businesses, and seek guidance from such persons and entities about, the practical effects to border communities of the implementation of US–VISIT. (2) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Task force on integrated entry and exit system \n(1) Sense of Congress \nIt is the sense of the Congress that the work of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note)was prematurely terminated, robbing the Department of Homeland Security of the very expertise needed to properly set the requirements for, and validate the work of, contractors on information technology programs, particularly the US–VISIT program. (2) Termination \nSection 3(i) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note) is amended to read as follows: (i) Termination \nThe Task Force shall terminate on a date designated by the Secretary of Homeland Security as the date on which the work of the Task Force has been completed, except that such designated date may not be earlier than December 21, 2008.. (c) Electronic arrival/departure records \n(1) Not later than December 31, 2005, the Secretary of Homeland Security— (A) shall ensure that the functions served by Department of Homeland Security paper Form Number I–94 (Arrival/Departure Record) and Form Number I–94W (NIV Waiver Arrival/Departure Record) are being carried out by electronic means; and (B) shall eliminate such forms. (2) Implementation plan \nNot later than December 31, 2004, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan describing the measures the Secretary is taking to carry out subsection (c) before the deadline described in such subsection.", "id": "HF8038131161A4359B11CA6BA95C005E", "header": "Creating a more effective entry-exit system" }, { "text": "142. Transportation worker identification card \n(a) In general \nThe Secretary of Homeland Security shall submit a report to the Congress not later than December 31, 2004, regarding the development and distribution of a transportation worker identification card. (b) Contents \nThe report described in subsection (a) shall include information on— (1) the plan for distribution of the card; (2) the eligibility of Canadian and Mexican truck drivers who are certified under the Free and Secure Trade ( FAST ) initiative; (3) selected biometric feature and other security features of the card; and (4) the cost of, and deployment schedule for, card-reading equipment.", "id": "HD717A07B50174A75853F030085004F32", "header": "Transportation worker identification card" }, { "text": "143. Standards and verification procedures for the security of intermodal cargo containers \n(a) Standards and verification procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of intermodal cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading. (b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of the Interagency Container Working Group and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nIntermodal cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing intermodal cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies to security seals.", "id": "H6D76CD3B10324906930857E61167823", "header": "Standards and verification procedures for the security of intermodal cargo containers" }, { "text": "144. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico \nIt is the sense of the Congress that— (1) the United States Mission to Mexico plays an important part in ensuring the security of our southern border; (2) this mission must have sufficient staff in order to adequately fulfill their consular responsibilities, an important part of a comprehensive strategy to secure our border; (3) the level of staffing has not kept pace with rising consular workloads; and (4) therefore, appropriations should be authorized for a 25 percent staff increase for the United States mission to Mexico.", "id": "H056ED6CFD6C74FD4B715AD724560D071", "header": "Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico" }, { "text": "151. Office of Tribal Security \n(a) Establishment \nThere is established within the Department of Homeland Security the Office of Tribal Security. (b) Director \nThe Office of Tribal Security shall be administered by a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall report directly to the Secretary of Homeland Security. (c) Duties \nThe Director shall be responsible for coordinating relations between the Federal Government and federally recognized Indian tribes on issues relating to homeland security, which shall include the following duties: (1) Providing a point of contact within Department of Homeland Security which shall be responsible for— (A) meeting the broad and complex Federal responsibilities owed to federally recognized Indian tribes by the Department of Homeland Security; and (B) soliciting and, where appropriate, addressing the homeland security concerns of federally recognized Indian tribes and other parties interested in Indian affairs. (2) Communicating relevant policies of the Department of Homeland Security to federally recognized Indian tribes and the public. (3) Promoting internal uniformity of Department of Homeland Security policies relating to Indian country (as defined in section 1151 of title 18, United States Code). (4) Coordinating with the Directorate of Border and Transportation Security and tribal governments to develop a comprehensive border security policy that addresses law enforcement, personnel, and funding issues in Indian country (as defined in section 1151 of title 18, United States Code) on the United States borders with Canada and with Mexico. (5) Coordinating with the Directorate for Information Analysis and Infrastructure Protection and tribal governments to develop appropriate policies for infrastructure protection on Indian lands, as well as information sharing mechanisms with tribal governments. (6) Coordinating with the Directorate of Emergency Preparedness and Response and the Office of State and Local Government Coordination and Preparedness to help ensure that tribal governments are fully informed of, have access to, and may apply for all Department of Homeland Security grant opportunities for emergency response providers, and to develop and achieve preparedness goals for tribal governments that are consistent with national goals for terrorism preparedness, as determined by the Department. (7) Coordinating with the Director of Science and Technology to identify opportunities to conduct research and development of homeland security technologies or scientific understanding for tribal universities or private sector entities. (8) Coordinating with the Office of Citizenship and Immigration Services and other relevant offices within the Department of Homeland Security with immigration service and enforcement related functions to develop policies on issues related to citizenship and the movement of members of federally recognized Indian tribes across the United States border, taking into consideration the unique characteristics of certain federally recognized Indian tribes with jurisdiction over lands adjacent to the Canadian and Mexican borders. (9) Coordinating with other offices within the Department of Homeland Security to develop and implement sound policies regarding Indian country (as defined in section 1151 of title 18, United States Code) and tribal governments.", "id": "H220789C70E0D4EA8BACB30EBDB37B484", "header": "Office of Tribal Security" }, { "text": "152. Transfer of Shadow Wolves from CPB to ICE \n(a) Transfer of Existing Unit \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of U.S. Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit). (b) Establishment of New Units \nThe Secretary is authorized to establish within U.S. Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section. (c) Duties \nThe Customs Patrol Officer unit transferred pursuant to subsection (a) and the additional units established pursuant to subsection (b) shall enforce the customs laws of the United States on Indian lands by preventing the smuggling of narcotics, weapons of mass destruction, and other contraband. (d) Basic Pay for Journeyman Officers \nThe rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not greater than the rate of basic pay for GS–13 of the General Schedule.", "id": "H727CE71E43134970A460AB1BE7ADD50", "header": "Transfer of Shadow Wolves from CPB to ICE" }, { "text": "153. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds \n(a) In general \nUntil the completion and implementation of the border security strategy described in section 131 of this Act, the Secretary of Homeland Security is authorized to transfer appropriated funds to the Secretary of Interior in accordance with the memorandum of understanding described in subsection (b) to support the security needs of the Department of the Interior, its bureaus, and tribal entities, including, the protection of border lands, critical infrastructure, and key resources. (b) Memorandum \nThe Secretary of Homeland Security and the Secretary of Interior shall enter into a memorandum of understanding regarding the funds described in subsection (a). This memorandum shall— (1) establish criteria for Department of Interior projects to receive such funding; (2) establish priorities among such projects; and (3) include a description of the scope of activities for such projects, including equipment, recurring maintenance, construction of facilities, recapitalization of facilities, and operations. (c) Report \nThe appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) shall be notified 15 days prior to any transfer of funds. Not later than September 30, 2005, the Secretary of Interior shall submit to the appropriate congressional committees (as so defined) a copy of the memorandum of understanding described in subsection (b).", "id": "H6E22BDEEA5284CCEBD00D7C09882093D", "header": "DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds" }, { "text": "201. State identification document standards \n(a) Standards for acceptance by Federal agencies \n(1) In general \nA Federal agency may not accept for any identification-related purpose a driver’s license or other comparable identification document issued by a State or subdivision thereof, including a birth certificate, unless the license or document is in a form that is consistent with requirements set forth in regulations promulgated by the Secretary of Homeland Security after consultation with the Department of Transportation, the chief drivers’ license officials of each State, and any other organization determined appropriate by the Secretary that represents the States. The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating the license or document for fraudulent purposes and to limit use of the license or document by impostors. States or subdivisions thereof may use a biometric identifier in addition to these standards if they already do so, or choose to do so. (2) No national identification card \nNothing in this section shall be construed to authorize, directly or indirectly, the establishment, issuance, or use of a national identification card. (3) Deadline \nThe Secretary of Homeland Security shall promulgate the regulations referred to in paragraph (1) not later than 6 months after the date of the enactment of this Act. (b) Grants to State and local governments \n(1) Grants to states \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under that subsection. (2) Grants to local governments \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to local governments to assist them in issuing birth certificates and other comparable identification documents that satisfy the requirements under that subsection. (3) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Effective dates and application \n(1) In general \nExcept as otherwise provided in this subsection, this section shall take effect on the date of the enactment of this Act. (2) Prohibition on Federal agencies \nSubsection (b)(1)— (A) shall take effect beginning on October 1, 2006; and (B) shall apply only to— (i) a license or document issued to an individual for the first time; and (ii) a replacement or renewal license or document issued according to State or local law.", "id": "HC0FE7A06ECA1442C0010E23849B75F70", "header": "State identification document standards" }, { "text": "202. Training in fraud detection and prevention for officers in divisions of motor vehicles \nThe Federal Law Enforcement Training Center shall create a program to train employees of U.S. Immigration and Customs Enforcement to provide, in the States, training in fraud detection and prevention to State and local law enforcement officers stationed, or intended to be stationed, in divisions of motor vehicles.", "id": "H4F6E386C34424505871BD95305B76C96", "header": "Training in fraud detection and prevention for officers in divisions of motor vehicles" }, { "text": "301. Personnel increase \n(a) Authorization \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 225 the number of positions for full-time special agents of U.S. Immigration and Customs Enforcement carrying out duties related to border security above the number of such positions which existed at the end of fiscal year 2004. (b) Sense of Congress \nIt is the sense of the Congress that— (1) since U.S. Immigration and Customs Enforcement plays a key role in the fight against terrorism and in securing the borders, the Secretary of Homeland Security should work expeditiously to ensure all special agents and national security analytical support staff receive a Top Secret security clearance; and (2) maintenance of Top Secret security clearance must be a requirement of continued employment as a special agent.", "id": "H7AC1ADCBC8E847309604E9AE68AFD3F4", "header": "Personnel increase" }, { "text": "302. ICE strategy and staffing assessment \n(a) In general \nNot later than December 31 of each year, the Secretary of Homeland Security shall submit to the Government Accountability Office and the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written report describing its strategy for deploying human resources (including investigators and support personnel) to accomplish its border security mission. (b) Review \nNot later than 90 days after receiving any report under subsection (a), the Government Accountability Office shall submit to each appropriate congressional committee (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written evaluation of such report, including recommendations pertaining to how U.S. Immigration and Customs Enforcement could better deploy human resources to achieve its border security mission through legislative or administrative action.", "id": "H295F517A0CEE465EB0288C5F2C6CB499", "header": "ICE strategy and staffing assessment" }, { "text": "311. Increase in detention space \n(a) Funding increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to ensure an average daily bed occupancy rate of 22,500 for detention and removal operations of U.S. Immigration and Customs Enforcement. (b) Personnel increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 541 the number of positions for full-time employees of U.S. Immigration and Customs Enforcement carrying out duties in detention and removal operations above the number of such positions which existed at the end of fiscal year 2004. (c) Sense of Congress \nIt is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. The Secretary of Homeland Security is directed to move the Office of Detention and Removal Operations from U.S. Immigration and Customs Enforcement to U.S. Customs and Border Protection. (d) Report on homeland security detention needs \nThe Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. This report shall include information on alternatives to detention including electronic monitoring, telephone and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners release from Federal, State, and local prisons. Additionally the report should provide information on countries to which removal is problematic.", "id": "H3C26A459B712420F9D3987CFA7A81F26", "header": "Increase in detention space" }, { "text": "312. Sense of Congress regarding processing of criminal aliens while incarcerated \nIt is the sense of the Congress that immigration cases involving incarcerated criminal aliens should be processed while the criminal alien is in prison. In order to maximize the use of existing detention space, the Department of Homeland Security should work with prisons in which criminal aliens are incarcerated to complete their removal or deportation proceeding before such aliens are released from prison and sent to Federal detention.", "id": "H38DB827B04C743A6A0865040AFEF02E3", "header": "Sense of Congress regarding processing of criminal aliens while incarcerated" }, { "text": "313. Sense of Congress regarding increase in prosecutors and immigration judges \nIt is the sense of the Congress that— (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of our immigration laws, and are an important part of a comprehensive strategy; (2) an insufficient number of prosecutors and immigration judges currently exists to enforce the immigration laws of the United States; and (3) therefore, appropriations should be authorized for appropriate staff increases for judicial and prosecutorial offices, commensurate with other personnel increases directed in this Act.", "id": "HC1FDF865A830489EB4608DCA9DCAB2E2", "header": "Sense of Congress regarding increase in prosecutors and immigration judges" }, { "text": "351. New class of nonimmigrant aliens \n(a) In general \nSection 101(a)(15)(S) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(S) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the comma at the end and inserting ; or ; (3) by inserting after clause (ii) the following: (iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines— (I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise; (II) is willing to supply or has supplied such information to a Federal or State court; and (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise, ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General after jointly ; and (5) by striking (i) or (ii) and inserting (i), (ii), or (iii). (b) Admission of nonimmigrants \nSection 214(k) of the Immigration and Nationality Act ( 8 U.S.C. 1184(k) ) is amended— (1) by adding at the end of paragraph (1) the following: The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ; and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H8912572E33244905AD0058D442AE32A6", "header": "New class of nonimmigrant aliens" }, { "text": "352. Adjustment of status of nonimmigrant to that of person admitted for permanent residence \nSection 245(j) of the Immigration and Nationality Act ( 8 U.S.C. 1255(j) ) is amended— (1) in paragraph (3), by striking (1) or (2), and inserting (1), (2), (3), or (4), ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) If, in the opinion of the Secretary of Homeland Security, the Secretary of State, or the Attorney General— (A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and (B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation, the disruption of a commercial alien smuggling operation, or the prosecution of an individual described in subclause (III) of that section, the Secretary of Homeland Security may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). (4) The Secretary of Homeland Security may adjust the status of a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and daughters, and parents of the nonimmigrant if admitted under that section) to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the Secretary of State or the Attorney General. ; and (4) by adding at the end the following: (6) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a person whose status is adjusted under this subsection must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H62CFF23D04E044F4874D7FD44114667B", "header": "Adjustment of status of nonimmigrant to that of person admitted for permanent residence" }, { "text": "361. Combating aggravated alien smuggling \n(a) Criminal penalties \nSection 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended by adding at the end the following: (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; (C) aliens were transported in a manner that endangered their lives or the aliens presented a life-threatening health risk to people in the United States; or (D) aliens were transported for purposes of prostitution or involuntary servitude.. (b) Rewards program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (e) Rewards program \n(1) Purpose \nThe rewards program shall be designed to assist in the elimination of aggravated alien smuggling. (2) Definition \nFor purposes of this subsection, the term aggravated alien smuggling means a violation for which increased penalties are provided under subsection (a)(4). (3) Administration \nThe rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized \nIn the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to commit an act of aggravated alien smuggling; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an aggravated alien smuggling organization in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an aggravated alien smuggling operation. (5) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility \nAn officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures \nIf the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of an individual who furnishes information or testimony described in paragraph (4), or the identity of any spouse, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification \n(A) Maximum amount \nNo reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a aggravated alien smuggling operation. (B) Approval \nAny reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment \nAny reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.. (c) Outreach program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), as amended by subsection (b), is further amended by adding at the end the following: (f) Outreach program \nThe Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for bringing in and harboring aliens in violation of this section; and (2) the financial rewards and other incentives available under subsection (e) for assisting in the investigation, disruption, or prosecution of an aggravated alien smuggling operation..", "id": "H3F02F5E7DE534562AF3CD4353B20F5ED", "header": "Combating aggravated alien smuggling" }, { "text": "362. Increased criminal sentences and fines for alien smuggling \n(a) In general \nSubject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) so as to— (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of— (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 aliens or more from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 18, United States Code; and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity. (b) Exception \nSubsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child). (c) Deadline \nThe United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act.", "id": "H799717E2145445F590622317F5D315C9", "header": "Increased criminal sentences and fines for alien smuggling" }, { "text": "363. Increased penalty for smuggling \n(a) In general \nThe third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘20 years’’. (b) Enhanced penalty for causing death \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide sentencing enhancements for an offense under section 545 of title 18, United States Code, as amended by subsection (a), that results in the death of a person. (c) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission— (1) shall ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) shall avoid duplicative punishments for substantially the same offense.", "id": "H05DC553F024F4D92BA663058AE01B434", "header": "Increased penalty for smuggling" }, { "text": "401. Office of International Affairs; effective and efficient management and coordination of international assignments \nSection 879(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 459(b) ) is amended by adding at the end the following: (5) To manage all overseas assignments of personnel of the Department, including by coordinating with the Department of State with respect to such assignments and related support matters..", "id": "H3480A04CFC1049CC8513535475BFC8D1", "header": "Office of International Affairs; effective and efficient management and coordination of international assignments" }, { "text": "402. Creation of an Office of Overseas Service \nSection 879 of the Homeland Security Act of 2002 ( 6 U.S.C. 459 ) is amended by adding at the end the following: (c) Office of overseas service \n(1) In general \nThe Secretary shall create an Office of Overseas Service within the Office of International Affairs similar to the Foreign Agricultural Service of the Department of Agriculture and the United States and Foreign Commercial Service of the Department of Commerce. The Director of the Office of International Affairs shall be responsible for administering the Office of Overseas Service. (2) Functions \nThe Office of Overseas Service shall be responsible for the following functions: (A) Serving as the contact for the Department of Homeland Security with the State Department to coordinate overseas assignments. (B) Recruitment of personnel for overseas service. (C) Retention of personnel for overseas service. (D) Oversight of training of personnel for overseas service. (3) Study and report \n(A) Study \nPrior to creating the Office of Overseas Service, the Secretary shall direct the Director of the Office of International Affairs to conduct a study on how best to create a foreign service component for the Department for the purpose of adequately recruiting and retaining personnel who are willing and able to serve in the Department in an overseas capacity. (B) Report \nNot later than January 1, 2005, the Director of the Office of International Affairs shall prepare and submit to the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains the results of the study on creating an Office of Overseas Service conducted pursuant to subparagraph (A) and an implementation plan for carrying out such study’s recommendations..", "id": "HAB2097A1C0B54B778F00BF2FFCC92514", "header": "Creation of an Office of Overseas Service" }, { "text": "411. Implementing a more effective visa security program \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report— (1) outlining how the Department of Homeland Security will implement the recommendations of the report issued in August 2004 by the Office of the Inspector General of the Department of Homeland Security entitled An Evaluation of DHS Activities to Implement Section 428 of the Homeland Security Act of 2002 ; (2) detailing such department’s progress in implementing each of the recommendations described in paragraph (1); and (3) examining the visa security program’s effectiveness as a counter-terrorism program. (b) Consultation \nIn preparing the report described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of State. (c) Contents \nThe report shall also include the following: (1) Overseas placement of visa security officers \nThe report shall assess the criteria used in deciding where to station or not to station visa security officers (2) Qualifications of visa security officers \nThe report shall assess the skills required of a visa security officer, including required foreign language skills. (3) Duties \nThe report shall contain both the model visa security officer position description and the current duties of the visa security officers stationed overseas. (4) Placement within Department \nThe report shall contain a recommendation on the proper location of the program within Department of Homeland Security to maximize its value as a counter-terrorism program.", "id": "HD719DC35956C41B600D73163B863B587", "header": "Implementing a more effective visa security program" }, { "text": "421. Visa waiver program passenger screening; biographical checks \n(a) In general \nThe Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is required to submit biographical information prior to embarkation. (b) Elements \nThe electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility \nThe system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ). (2) Carrier obligations \nThe system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act ( 8 U.S.C. 1187(a)(5) ) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment \nThe system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee \nThe Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation \nIn developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in immigration, travel, tourism, privacy, national security, or computer security issues.", "id": "H0D33866943704A87A548D4B7C1E6B591", "header": "Visa waiver program passenger screening; biographical checks" }, { "text": "422. Defining security responsibilities of the Visa Waiver Program Office \n(a) In general \nThe Secretary of Homeland Security shall create a Visa Waiver Program Office. (b) Functions \nThe functions of the head of the Visa Waiver Program Office shall include the following: (1) Developing a plan to submit the annual report required under section 110(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note). (2) Developing protocols and a plan to conduct biennial country reviews. (3) Determining funding levels necessary to support the conduct of country reviews and to carry out the other responsibilities of the office. (4) Developing a process to comprehensively check all lost and stolen passport data provided countries designated as visa waiver program countries under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) against entry and exit data in information systems of the United States. (5) Developing procedures to collect and analyze data concerning the fraudulent use of visa waiver program passports. (6) Including in the country review protocols provisions to review document manufacturing and issuing security practices. (7) Coordinating with the Department of State to establish standard operating procedure for systemic and proactive collection of lost and stolen passport information. (8) Requiring that inventory control numbers and passport numbers be queried in lookout systems. (9) Reviewing policies that allow the return of fraudulent travel documents to those who presented them when they are sent back to their countries of origin.", "id": "HA521B63322FC4B2482FB3EE102D6E10", "header": "Defining security responsibilities of the Visa Waiver Program Office" }, { "text": "423. Additional and continuous training for inspectors in fraud and imposter detection \n(a) Fraud detection \nThe Secretary of Homeland Security shall provide inspectors conducting inspections of aliens entering the United States pursuant to the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) with enhanced and continuous training in detecting imposters and in passport and document fraud detection. Additional training should be provided when any program country designated under such section makes changes in its passports. The Secretary shall report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on the amount and the type of training received such inspectors on detecting and handling fraudulent documents. (b) Foreign languages \nThe Secretary of Homeland Security shall provide inspectors described in subsection (a) with foreign language training in languages determined to be necessary to carrying out the anti-terrorism and law enforcement functions of such inspectors. (c) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to develop the capability to scan fraudulent documents and to transmit a high quality color image to the forensic document laboratory. The Secretary of Homeland Security shall ensure that staff is available in the Forensic Document Laboratory on a 24-hour basis to assist in determining the validity of the scanned document.", "id": "HF871F2BE40EA445EB0ECF2E8B9A254C7", "header": "Additional and continuous training for inspectors in fraud and imposter detection" }, { "text": "424. Authorization of funds \nThere are authorized to be appropriated such sums as may be necessary to carry out the functions described in this subtitle.", "id": "H13D8C1DE30094D9CAF942300B27804C4", "header": "Authorization of funds" }, { "text": "501. Immigration ombudsman \n(a) Extension of authority to all immigration functions \nSection 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended— (1) in subsection (a), by striking Citizenship and Immigration Services and inserting Immigration ; (2) in subsection (b)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection ; and (B) in each of paragraphs (2) and (3), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting such entities ; (3) in subsection (c)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b) ; and (B) in paragraph (2), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection Commissioner ; (4) in subsection (d)— (A) in paragraph (2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; and (B) in paragraph (4), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection Commissioner ; (5) in subsection (e)(2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; (6) in subsection (f)— (A) by amending the subsection heading to read as follows: Responsibilities.— ; (B) by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and the U.S. Customs and Border Protection Commissioner ; and (C) by striking director each place such term appears and inserting person ; and (7) in subsection (g), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b). (b) Public information campaign; private sector input \n(1) In general \nSection 452(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(d) ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) shall launch a public information campaign; and (6) shall establish a group, which shall consist of private individuals, and Federal, State, and local government officials, with expertise in migration, travel, trade, or national security issues, to provide the Ombudsman with private sector input.. (2) Authorization of appropriations \nThere are authorized to be appropriated for such sums as may be necessary to carry out the amendments made by paragraph (1). (c) Additional reporting requirements \nSection 452(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(c) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) shall state the percentage of complaints that can be traced to delays in benefits processing; and (H) shall describe the extent to which delays in benefits processing are attributable to entities outside of the Department, particularly government agencies conducting background checks..", "id": "H8EAE9B3443D94799BD21C4C5EF97FC9E", "header": "Immigration ombudsman" }, { "text": "502. CIS workflow, technology, and staffing assessment \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive assessment of U.S. Citizenship and Immigration Services within the Department of Homeland Security. Such assessment shall include study of personnel, administrative and technical support positions, technology, training, and facilities. (b) Workflow \nAs part of the study, the Comptroller General shall examine all elements of such unit’s workflow, in order to determine the most efficient way to handle its work without compromising security. Any obstacles associated with security matters should be identified and recommendations should be made on ways to minimize such obstacles without compromising security. The Comptroller General should assess the division of work, adequacy of infrastructure (particularly information technology), as well as personnel needs. (c) Interactions with other organizations \nAs part of the study, the Comptroller General shall examine the unit's interactions with other government organizations. Specifically, the Comptroller General shall determine whether existing memoranda of understanding and divisions of responsibility, especially any which pre-date the establishment of the Department of Homeland Security, need to be revised in order to improve the bureau’s service delivery. (d) Backlog cost \nAs part of the study, the Comptroller General shall assess the current cost of maintaining the backlog (as defined in section 203 of the Immigration Services and Infrastructure Improvements Act of 2000 ( 8 U.S.C. 1572 )). (e) Interviews \nThe Comptroller General may interview any front-line personnel, without supervisors present, to determine priorities and needs. (f) Information technology \nAspects of this study related to information technology should be coordinated with the Chief Information Officer for the Department of Homeland Security and should build on the findings of the task force established by section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–215 ). (g) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). It shall include recommendations for resource allocation.", "id": "H6F995D74DAA34299A885ED22D00C346", "header": "CIS workflow, technology, and staffing assessment" }, { "text": "503. Study on biometrics \n(a) In general \nThe Secretary of Homeland Security, in consultation with the Director of the National Institute of Standards and Technology, shall conduct a study of all biometric identifiers that might be collected for purposes of processing and adjudicating applications and petitions for immigration benefits, and shall determine which among these identifiers would be most appropriate for the purposes described in subsection (b). The Secretary shall provide the resources necessary properly to conduct the study. (b) Uses \nIn carrying out subsection (a), the Secretary shall consider the use of a biometric identifier— (1) to register or catalogue a petition or application for an immigration benefit upon submission to the appropriate Federal agency; (2) to check the petitioner or applicant against watch lists; (3) as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ); and (4) to conduct background checks with Federal intelligence agencies. (c) Factors \nThe Secretary shall consider the following factors in making the determination under subsection (a): (1) Accuracy (2) The technology available. (3) Economic considerations. (4) Storage. (5) Efficiency. (d) Submission \nThe study should be completed within one year of enactment, and shall be submitted to the Secretary of State and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H9B92E82F207D481A90357BE686EF4C64", "header": "Study on biometrics" }, { "text": "504. Digitizing immigration functions \n(a) Digitized fingerprints \nNot later than January 1, 2005, all fingerprints taken for purposes of adjudicating an application or petition for an immigration benefit shall be digitized. (b) Registering applications by biometric \nNot later than January 1, 2005, all applications and petitions for an immigration benefit shall be registered or catalogued by the receiving agency using a biometric identifier. Initially, such biometric identifier shall be a fingerprint. Subsequently, the Secretary of Homeland Security may select one or more alternative biometric identifiers to be used for such purposes, taking into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements.", "id": "HD7FA239DDD984BE98455F4B14D6F08E6", "header": "Digitizing immigration functions" }, { "text": "505. Study on digitizing immigration benefit applications \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive study on digitizing all applications and petitions for an immigration benefit, including digital storage, cataloguing, and the ability to apply for all types of immigration benefits through digital means. The study should consider costs for both the Federal Government and the applicant or petitioner, as well as the feasibility for all types of persons to apply by digital means. (b) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HD90CDAE9D1D949D3BF783220EEBB968", "header": "Study on digitizing immigration benefit applications" } ]

[ { "text": "1. Permanent resident status for Majan Jean \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Majan Jean shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Majan Jean enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Majan Jean, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Majan Jean shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HFEC7376BF6CB4E9BBDECD6ABD479AF48", "header": "Permanent resident status for Majan Jean" } ]

[ { "text": "1. Department of Veterans Affairs Community-Based Outpatient Clinic, Navy Supply Corps School, Athens, Georgia \n(a) Project authorization \nThe Secretary of Veterans Affairs is authorized— (1) to work with the Secretary of the Navy in developing on the grounds of the Navy Supply Corps School in Athens, Georgia, a site suitable for a medical facility; and (2) to construct on that site a joint Navy-Department of Veterans Affairs Community-Based Outpatient Clinic, as called for in the Capital Asset Realignment for Enhanced Services (CARES) strategic plan approved by the Secretary of Veterans Affairs. (b) Funding \nThere are authorized to be appropriated such sums as may be necessary for the purposes of subsection (a). (c) Definition \nFor purposes of this section: (1) The term medical facility has the meaning given that term in section 8101(3) of title 38, United States Code. (2) The term Community-Based Outpatient Clinic has the meaning given that term in the Department of Veterans Affairs’ Capital Asset Realignment for Enhanced Services (CARES) strategic plan.", "id": "HB8802AEE3F5C4395A000E916C382177B", "header": "Department of Veterans Affairs Community-Based Outpatient Clinic, Navy Supply Corps School, Athens, Georgia" } ]

[ { "text": "1. Conveyance of small parcel of National Forest System land, Pope County, Arkansas \n(a) Conveyance on condition subsequent \nNot later than 90 days after the date of enactment of this Act, subject to valid existing rights and the condition stated in subsection (c), the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary ), shall convey to the New Hope Cemetery Association (referred to in this section as the association ), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (b). (b) Description of land \nThe parcel of land referred to in subsection (a) is the parcel of National Forest System land (including any improvements on the land) that— (1) is known as New Hope Cemetery Tract 6686c ; (2) consists of approximately 1.1 acres; and (3) is more particularly described as a portion of the SE 1/4 of the NW 1/4 of section 30, T. 11, R. 17W, Pope County, Arkansas. (c) Condition on use of land \n(1) In general \nThe association shall use the parcel conveyed under subsection (a) as a cemetery. (2) Reversion \nIf the Secretary, after notice to the association and an opportunity for a hearing, makes a finding that the association has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the association fails to discontinue that use, title to the parcel shall, at the option of the Secretary, revert to the United States, to be administered by the Secretary.", "id": "HE56A4EEF43C9412984E1DEC900EAE0BC", "header": "Conveyance of small parcel of National Forest System land, Pope County, Arkansas" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Gun-Free Hospital Zones Act.", "id": "HD02B4E730D284C0FA9485BB20039C2C8", "header": "Short title" }, { "text": "2. Prohibition on the possession of a firearm in a hospital zone \n(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: (z) (1) It shall be unlawful for any person to possess a firearm that has been shipped or transported in interstate or foreign commerce, in a place that the person knows or has reasonable cause to believe is in a hospital zone. (2) Paragraph (1) shall not apply to the possession of a firearm— (A) on private property that is not on the grounds of any hospital; (B) on public property outside any building or enclosed structure, if the individual possessing the firearm is licensed to do so by the State or political subdivision in which the hospital zone is located, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; (C) by an individual in accordance with a contract entered into between the owner of a hospital in the hospital zone and the individual or an employer of the individual; or (D) by a law enforcement officer acting in his or her official capacity.. (b) Definitions \nSection 921(a) of such title is amended by adding at the end the following: (36) The term hospital zone means— (A) in or on the grounds of a public or private hospital; or (B) within 1,000 feet from the grounds of a public or private hospital. (37) The term hospital means an institution which— (A) is primarily engaged in providing, by or under the supervision of physicians, to inpatients— (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; or (B) in the case of an institution in a State in which State or applicable local law provides for the licensing of hospitals— (i) is licensed pursuant to such law; or (ii) is approved, by the agency of the State or locality responsible for licensing hospitals, as meeting the standards established for such licensing.. (c) Penalties \nSection 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 5 years, or both. Notwithstanding any other provision of law, a term of imprisonment imposed against a person under this paragraph shall not run concurrently with any other term of imprisonment imposed against the person under any other provision of law..", "id": "HDC8323780E2F487500F6F5449732C8E", "header": "Prohibition on the possession of a firearm in a hospital zone" } ]

[ { "text": "1. Increase in quantity of T-shirts eligible for duty-free treatment \nSection 213(b)(2)(A)(iii)(IV)(cc) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iii)(IV)(cc) is amended by striking 10,000,000 and inserting 12,000,000.", "id": "HD1DAFC736E934B2C90B43098FE27D6D0", "header": "Increase in quantity of T-shirts eligible for duty-free treatment" } ]

[ { "text": "1. Repeal of reduction in medicare payments through competitive bidding for certain items of durable medical equipment \nSection 1834(h)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(h)(4)(C) ), as amended by section 627(b)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking (and includes shoes described in section 1861(s)(12)).", "id": "H287051013B764D66817EC1C9E47C7059", "header": "Repeal of reduction in medicare payments through competitive bidding for certain items of durable medical equipment" } ]

[ { "text": "1. Exemption for certain ferry borne trailer cargo from harbor maintenance tax \n(a) In general \nSection 4462 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Exemption for certain ferry borne trailer cargo \n(1) In general \nThe tax imposed by section 4461(a) shall not apply to cargo which is qualified ferry trailer cargo. (2) Qualified ferry trailer cargo \nFor purposes of paragraph (1), the term qualified ferry trailer cargo means cargo which is on or in a truck trailer or semitrailer parked on a ferry which is operating between two ports for the sole purpose of transporting such trailers and trucks between such ports due to traffic congestion on the nearest international bridge serving the area in which such ports are located.. (b) Effective date \nThe amendment made by subsection (a) shall apply to port use after December 31, 2004.", "id": "H48094BA0CF184451AA7481E01F51009B", "header": "Exemption for certain ferry borne trailer cargo from harbor maintenance tax" } ]

[ { "text": "1. Renewable energy system loan guarantees \nSection 9006 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106 ) is amended— (1) in subsection (c)(1), by striking The each place it appears and inserting Except as provided in subsection (e), the ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) Loan guarantees for major projects \n(1) Definition of subsidy costs \nIn this subsection, the term subsidy costs has the meaning given the term cost in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (2) Projects \nSubsection (c)(1) shall not apply to a loan guarantee made under this section to carry out a project if— (A) the loan will be used— (i) to purchase a renewable energy system associated with a commercial production agricultural enterprise; and (ii) to promote a solution to an environmental problem of the State in which the project will be carried out; (B) the principal amount of the loan is not less than $50,000,000 and not more than $100,000,000; (C) the lender of the loan exercises due diligence with respect to the borrower of the loan; (D) the borrower of the loan pays in full, before the guarantee is issued, a guarantee fee in the amount of the estimated subsidy cost of the guarantee, as determined by the Director of the Office of Management and Budget; (E) the project is certified by the appropriate State agency, as designated by the Governor of the State in which the project will be carried out; (F) the project requires no Federal or State financial assistance, other than the loan guarantee provided under this subsection; and (G) the project complies with all necessary permits, licenses, and approvals required under the laws of the State. (3) Priority \nIn making loan guarantees under this section for projects described in paragraph (2), the Secretary shall give priority to renewable energy projects that promote the production of an agricultural commodity that is imported into the United States. (4) Cost sharing \n(A) In general \nThe amount of a loan guarantee under this section for a project described in paragraph (2) shall not exceed 80 percent of the total project cost. (B) Subordination \nAny financing for the non-Federal share of the total project cost shall be subordinated to the federally guaranteed portion of the total project cost. (5) Maximum amount \n(A) Individual loans \nThe amount of principal for a loan under this section for a project described in paragraph (2) shall not exceed $100,000,000. (B) All loans \nThe total outstanding amount of principal for loans under this section for all projects described in paragraph (2) shall not exceed $1,000,000,000 for fiscal year 2004..", "id": "HD2531B67E03D426B80AA70AFE2CA5BCB", "header": "Renewable energy system loan guarantees" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Toy Gun Marking Improvement Act.", "id": "H1532F93083EE4338A2EAD1AE25037D79", "header": "Short Title" }, { "text": "2. Preemption of State or local laws concerning the markings and identification of imitation or toy firearms \nSection 4 of the Federal Energy Management Improvement Act of 1988 ( 15 U.S.C. 5001 ) is amended— (1) in subsection (c), by adding at the end: Such term does include any toy replica of an antique firearm developed prior to 1898. ; and (2) in subsection (g), by amending paragraph (1) to read as follows: (1) prohibit the sale or manufacture of any look-alike, nonfiring, toy or collector replica of an antique firearm developed prior to 1898; or.", "id": "H04E72502E1364366BAB702A0C8941DCB", "header": "Preemption of State or local laws concerning the markings and identification of imitation or toy firearms" } ]

[ { "text": "1. Exclusion for employer student loan repayments \n(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 106 the following new section: 106A. Employer student loan repayments \n(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee. (b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221. (c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H.. (b) Failure of employer to make comparable payments on qualified education loans of employees \nChapter 43 of such Code is amended by adding at the end the following new section: 4980H. Failure of employer to make comparable payments on qualified education loans of employees \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year. (c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year. (d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. (e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved.. (c) Clerical amendments \n(1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 106 the following new item: Sec. 106A. Employer student loan repayments. (2) The table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Failure of employer to make comparable payments on qualified education loans of employees. (d) Effective date \nThe amendments made by this section shall apply to payments made after the date of the enactment of this Act in taxable years ending after such date.", "id": "HCD378C7A36D54C09AC34846D4CA1D800", "header": "Exclusion for employer student loan repayments" }, { "text": "106A. Employer student loan repayments \n(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee. (b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221. (c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H.", "id": "H75658BF8DCEA44739FD3CC3D97B119D", "header": "Employer student loan repayments" }, { "text": "4980H. Failure of employer to make comparable payments on qualified education loans of employees \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year. (c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year. (d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. (e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved.", "id": "H3794750559AB4472B3000038F589B940", "header": "Failure of employer to make comparable payments on qualified education loans of employees" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Director of National Intelligence Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Title I—Establishment of Director of National Intelligence Sec. 101. Establishment of the Director of National Intelligence Sec. 102. Duties of the Director of National Intelligence Sec. 103. Management of the national intelligence program Title II—Authorities of the Director of National Intelligence Sec. 201. Authority of the Director of National Intelligence over matters relating to budget Sec. 202. Authority of the Director of National Intelligence over matters relating to personnel Title III—Additional provisions Sec. 301. Resolution of agency priority differences Sec. 302. Duty of heads of national intelligence centers to report to the Director of National Intelligence", "id": "H37D14DB613F34F6D98E0770BDD7C58B", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) National intelligence program \nThe term national intelligence program means a program of foreign, military, and domestic intelligence related to the national security under the oversight of the Director of National Intelligence. (2) National intelligence center \nThe term national intelligence center means a center established by the Director of National Intelligence to provide all-source analysis and plan intelligence operations for the Federal Government on specific subjects of interest, such as counterterrorism, counterproliferation, counternarcotics, and counterintelligence. (3) National intelligence agency \nThe term national intelligence agency means an agency of the United States that contributes to the national intelligence program, including the elements of the intelligence community. (4) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ).", "id": "H298664B26F4E4D6F97BC68B4B8739B2B", "header": "Definitions" }, { "text": "101. Establishment of the Director of National Intelligence \n(a) Establishment \nThere is in the Executive Office of the President a Director of National Intelligence. (b) Oversight of national intelligence program \nThe Director of National Intelligence shall act as the principal adviser to the President for intelligence matters related to the national security and shall oversee budget, operations, and personnel of the national intelligence program. (c) Appointment \nThe Director of National Intelligence shall be appointed by the President, by and with the advice and consent of the Senate. (d) Executive Schedule I Compensation Rate \nThe Director of National Intelligence shall be compensated at the rate of pay applicable under section 5312 of title 5, United States Code. (e) Prohibition on policymaking \nThe Director of National Intelligence shall not serve as a policymaker.", "id": "H2AE68E8E46C949ABA7AFD54EE1EB1E60", "header": "Establishment of the Director of National Intelligence" }, { "text": "102. Duties of the Director of National Intelligence \nThe Director of National Intelligence shall carry out the following duties: (1) Manage the national intelligence program, including oversight of the budget, operations, and personnel of the intelligence community. (2) Reorganize the intelligence services around specific threats, such as terrorism, weapons of mass destruction, and hostile countries. (3) Oversee national intelligence centers. (4) Oversee the national intelligence agencies. (5) Advise the President regarding the most relevant and reliable intelligence information. (6) Identify national security threats and determining which secrets are most important to protect. (7) Advise the President regarding the coordinate efforts of the Department of Homeland Security. (8) Work closely with the Director of the Federal Bureau of Investigation and the Director of Central Intelligence. (9) Support the President, and the heads of departments and agencies of the executive branch, the Chairman of the Joint Chiefs of Staff, and senior military commanders. (10) Establish information sharing and information technology policies to maximize data sharing, as well as policies to protect the security of information. (11) Perform such other duties as the President may prescribe.", "id": "HA4B1E4728A7F41F2A8034CB9BAF95C2C", "header": "Duties of the Director of National Intelligence" }, { "text": "103. Management of the national intelligence program \n(a) In general \nThe following officials shall assist the Director of National Intelligence in carrying out the duty to manage the national intelligence program: (1) The Director of Central Intelligence, who shall also serve as the Deputy Director of National Intelligence for Foreign Intelligence, shall carry out duties with respect to foreign intelligence. (2) The Under Secretary of Defense for Intelligence, who shall also serve as the Deputy Director of National Intelligence for Military Intelligence, shall carry out duties with respect to military intelligence. (3) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, who shall also serve as the Deputy Director of National Intelligence for Domestic Intelligence, shall carry out duties with respect to domestic intelligence. (b) Duties with respect to national intelligence center operations \nEach official specified in subsection (a), within the respective area of intelligence, shall acquire systems and train personnel to execute the operations assigned to the official by a director of a national intelligence center. (c) Coordination of agencies of the intelligence community \nThe head of each national intelligence agency shall coordinate functions of that agency with the appropriate area of intelligence specified in subsection (a). (d) Construction \nNothing in this Act shall be construed as modifying the authority or duty of the Secretary of Defense to carry out the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program.", "id": "H23F932C872CE4120AEB55804DB399659", "header": "Management of the national intelligence program" }, { "text": "201. Authority of the Director of National Intelligence over matters relating to budget \nThe Director of National Intelligence shall have the following duties and authorities over matters relating to the budget of the national intelligence program: (1) Development of unified budget \nThe Director of National Intelligence shall prepare annual unified budgets for the national intelligence program for inclusion in the budget submission of the President under title 31, United States Code, that reflect— (A) priorities of the National Security Council, and (B) an appropriate balance among the varieties of technical and human intelligence collection methods and analysis. (2) Appropriations \nAmounts appropriated for the national intelligence program for a year shall be made to the Director of National Intelligence. The Director of National Intelligence shall allocate such appropriations among the national intelligence agencies. (3) Reprogramming \nThe Director of National Intelligence may reprogram funds appropriated for the national intelligence program to meet any unforeseen priority.", "id": "H531A614FD7F64B0A9E65B29146DB2200", "header": "Authority of the Director of National Intelligence over matters relating to budget" }, { "text": "202. Authority of the Director of National Intelligence over matters relating to personnel \nThe Director of National Intelligence shall have the following duties and authorities over matters relating to the personnel of national intelligence agencies. (1) Personnel policies \nThe Director of National Intelligence shall put into effect personnel policies to establish standards for education and training of officers and employees of national intelligence agencies and to facilitate assignments of those officers and employees at national intelligence centers and across national intelligence agencies. (2) Employment and termination authority \nThe Director of National Intelligence may employ such individuals in positions within the national intelligence program as the Director determines to be appropriate. The Director of National Intelligence may terminate the employment of any officer or employee of a national intelligence agency whenever the Director deems such termination necessary or advisable in the interests of the United States. (3) Appointment of officials responsible for intelligence-related activities \n(A) In the event of a vacancy in a position referred to in subparagraph (B), the head of the department or agency involved shall obtain the concurrence of the Director of National Intelligence before recommending to the President an individual for appointment to the position. (B) Subparagraph (A) applies to the following positions: (i) The Director of Central Intelligence. (ii) The Director of the Defense Intelligence Agency. (iii) The Director of the National Security Agency. (iv) The Director of the National Reconnaissance Office. (v) The Director of the National Geospatial-Intelligence Agency. (vi) The Under Secretary for Information Analysis and Infrastructure Protection of the Department of Homeland Security. (vii) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation. (viii) The Assistant Secretary of State for Intelligence and Research. (ix) The Director of the Office of Intelligence of the Department of Energy. (x) The Director of the Office of Counterintelligence of the Department of Energy. (xi) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. (xii) The head of any other agency with national intelligence functions.", "id": "H9DC0636DB54E485CAD4932C943384768", "header": "Authority of the Director of National Intelligence over matters relating to personnel" }, { "text": "301. Resolution of agency priority differences \n(a) Establishment of NSC executive committee \nThere is established in the National Security Council an executive committee for the resolution of differences in priorities among national intelligence agencies. Insofar as the executive committee is unable to resolve a priority difference, the President shall resolve the priority difference. (b) Inclusion of the Director of National Intelligence \nThe Director of National Intelligence shall be a member of the executive committee established under subsection (a).", "id": "H24DA62B1ABDB4F3C98285F30AF3EAE95", "header": "Resolution of agency priority differences" }, { "text": "302. Duty of heads of national intelligence centers to report to the Director of National Intelligence \nDirectors of national intelligence centers shall report directly to the Director of National Intelligence.", "id": "HF72A45A0B82845C3BB6F30B0734BCA14", "header": "Duty of heads of national intelligence centers to report to the Director of National Intelligence" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004.", "id": "HA87EF34F39334AC482410072268741D5", "header": "Short title" }, { "text": "2. Rail transportation security risk assessment \n(a) In general \n(1) Vulnerability assessment \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a vulnerability assessment of railroad transportation. The assessment shall include— (A) identification and evaluation of critical assets and infrastructures to reduce the vulnerability of the railroad transportation system in the event of an attack on any one target and to ensure that our cities continue to function should an attack occur; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials by railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; and (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts \nThe assessment may take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nBased on the assessment conducted under paragraph (1), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop prioritized recommendations for improving rail security, including any recommendations the Secretary of Transportation has for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) monitoring critical assets and infrastructure; (C) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (D) training employees and emergency responders in terrorism prevention, passenger evacuation, including tunnel evacuation, and response activities; (E) conducting public outreach campaigns on passenger railroads; (F) deploying surveillance equipment; and (G) identifying the immediate and long-term costs of measures that may be required to address those risks. (4) Plans \nThe report required by subsection (c) shall include— (A) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors. (b) Consultation; use of existing resources \nIn carrying out the assessment required by subsection (a), the Secretary of Transportation shall consult with railroad carriers, nonprofit employee organizations that represent railroad workers, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials by rail, public safety officials (including those within other Federal agencies), and other relevant parties. (c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary of Transportation may submit the report in both classified and redacted formats if the Secretary of Transportation determines that such action is appropriate or necessary. (d) 2-Year updates \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $5,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "H505F30AC6D60424DAEBA633DE4F53D28", "header": "Rail transportation security risk assessment" }, { "text": "3. Memorandum of agreement \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of agreement governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.", "id": "H6ABE8DDF5C3F4D0ABE310045EB9E9470", "header": "Memorandum of agreement" }, { "text": "4. Study of foreign rail transport security programs \n(a) Requirement for study \nNot later than one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose \nThe purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report \nThe Comptroller General shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study.", "id": "HA8AC91FA8ACB459CA7B7978FF4B5D61C", "header": "Study of foreign rail transport security programs" }, { "text": "5. Rail police officers \nSection 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier.", "id": "H8223AC2F7DE84A0081E5CC7E42624B7", "header": "Rail police officers" }, { "text": "6. Review of rail regulations \nThe Inspector General of the Department of Transportation shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security. The Inspector General shall consult, as the Inspector General considers appropriate, with officials of the Department of Homeland Security and other Federal officials. Not later than 1 year after the date of enactment of this Act, the Inspector General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review under this section, including recommendations for changes to the regulations reviewed and any legislative changes required to improve railroad security.", "id": "HAC311E43EF07443888D3DBDF2E90B6B7", "header": "Review of rail regulations" }, { "text": "7. Freight and passenger rail security improvement program \n(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroad carriers, nonprofit employee organizations that represent railroad workers or emergency responders, shippers of hazardous materials by rail, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including— (1) perimeter protection systems, including access control, installation of better lighting, fencing, and barricades at railroad facilities; (2) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism; (3) technologies for reduction of tank car vulnerability; (4) security improvements to passenger railroad stations, trains, and infrastructure; (5) tunnel protection systems; (6) passenger and employee evacuation technologies; (7) inspection technologies, including verified visual inspection technologies using hand-held readers and discs; (8) security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (9) train tracking and interoperable communications systems; (10) explosive detection technology and devices; (11) security of hazardous material transportation by rail; (12) fire suppression and decontamination equipment; (13) surveillance equipment and round-the-clock monitoring of critical infrastructure locations; (14) additional police and security officers, including canine units; (15) accommodation of cargo or passenger screening equipment; (16) employee security awareness, preparedness, and emergency response training; (17) public security awareness campaigns for passenger train operations; and (18) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 12(b). (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $500,000,000 for fiscal year 2005 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H9707BF0D1B3D42419D824E5184E2D274", "header": "Freight and passenger rail security improvement program" }, { "text": "8. Fire and life-safety improvements \n(a) Life-safety needs \nThe Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, District of Columbia. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.", "id": "H741EA9C4E55440748DE89F7D72D6E5AA", "header": "Fire and life-safety improvements" }, { "text": "9. Rail security research and development \n(a) Establishment of research and development program \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall carry out a research and development program for the purpose of improving railroad security that may include research and development projects to— (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances; (2) test new emergency response techniques and technologies; (3) develop improved freight technologies, including— (A) technologies for sealing rail cars; (B) automatic inspection of rail cars; (C) communication-based train controls; and (D) emergency response training; (4) test wayside detectors that can detect tampering with railroad equipment; (5) support enhanced security for the transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety; and (6) other projects recommended in the report required by section 2. (b) Coordination with other research initiatives \nThe Secretary of Transportation shall ensure that the research and development program authorized by this section is coordinated with other research and development initiatives at the Department of Transportation and other Federal agencies. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $50,000,000 in each of fiscal years 2005 and 2006 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H60175526CA65439ABEDC77C32939FD35", "header": "Rail security research and development" }, { "text": "10. Rail worker security training program \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program elements \nThe guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate. (c) Railroad carrier programs \nNot later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier’s program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training \nNot later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. (e) Updates \nThe Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers.", "id": "HB3A01C05206E46F295AD8029BA621F0", "header": "Rail worker security training program" }, { "text": "11. Whistleblower protection \n(a) In general \nNo employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of sarbanes-oxley Act of 2002 amendments \n(1) Civil action to protect against retaliation in fraud cases \nSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant \nSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.", "id": "H4EFECB75A25F4FFCA1C0C15E52234EFC", "header": "Whistleblower protection" }, { "text": "12. Systemwide Amtrak security upgrades \n(a) In general \nThe Secretary of Transportation is authorized to make grants to Amtrak for— (1) tunnel protection systems; (2) perimeter protection systems; (3) redundant critical operations control systems; (4) chemical, biological, radiological, or explosive detection systems; (5) surveillance equipment; (6) communications equipment; (7) emergency response equipment; (8) fire suppression and decontamination equipment; (9) global positioning or automated vehicle locator type system equipment; (10) training of front-line workers and other first responders; (11) evacuation improvements; and (12) other capital safety improvements. (b) Conditions \nThe Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Secretary, in consultation with the Secretary of Homeland Security. The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training. (c) Availability of funds \nThere are authorized to be appropriated to the Secretary of Transportation $65,000,000 for fiscal year 2005 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "HAB9FA6506B4E47FDB305342560C8F500", "header": "Systemwide Amtrak security upgrades" }, { "text": "13. Public awareness \nNot later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall implement the plan developed under this section.", "id": "H578B336CF7C044F393B7BCF5DF4971D1", "header": "Public awareness" }, { "text": "14. Passenger, baggage, and cargo screening \n(a) Requirement for study and report \nThe Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall— (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and (2) report the results of the study, together with any recommendations that the Secretary of Transportation may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act. (b) Pilot program \nAs part of the study under subsection (a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall complete a pilot program of random security screening of passengers and baggage at passenger rail stations served by Amtrak selected by the Secretary of Transportation, in consultation with the Secretary of Homeland Security. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation to carry out this section $5,000,000 for fiscal year 2005.", "id": "H4E623534CC744D3D83AE40766E468145", "header": "Passenger, baggage, and cargo screening" }, { "text": "15. Emergency responder training standards \nSection 5115(b) of title 49, United States Code, is amended— (1) by striking and at the end of paragraph (1)(C); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall include standards for the training of persons responsible for responding to emergency situations occurring during the removal and transportation of hazardous materials and high hazard materials (as defined in section 17(2) of the Protecting Railroad Operators, Travelers, Employees, and Communities with Transportation Security Act of 2004 ) to ensure their ability to protect nearby persons, property, or the environment from the effects of accidents involving hazardous materials..", "id": "H5F90E68F83CA4B52B3EC66D2E583F3FF", "header": "Emergency responder training standards" }, { "text": "16. Information for first responders \n(a) Amendments \nChapter 51 of title 49, United States Code, is amended— (1) in section 5111— (A) by inserting (a) Air Brake Equipment.— before A rail tank car ; and (B) by adding at the end the following new subsection: (b) Information for first responders \n(1) Prohibition \nNo rail tank car containing hazardous materials may be transported or stored on rail tracks that are part of or connected to the general system of railroad transportation unless information identifying the tank car, the hazardous materials within such tank car, and response guidance is immediately available to local first responders in each location where the tank car may be located. Such information shall be provided through the Operation Respond Institute’s technology or similar technology. Each day in which a tank car is transported or stored in violation of this paragraph shall constitute a separate violation. (2) Exception \nThe Secretary of Transportation may provide an exception to the prohibition under paragraph (1) if no data base exists through which the requirement can be met. ; and (2) in section 5124, by adding at the end the following: This section shall not apply to a violation of subsection (b) of section 5111 or a regulation prescribed or order issued under such subsection.. (b) Effective date \nThe amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act.", "id": "H84610B4B236A4239ABA38D266F6028F3", "header": "Information for first responders" }, { "text": "17. Definitions \nFor purposes of this Act— (1) the term front-line workers means security personnel, dispatchers, train operators, other onboard employees, maintenance and support personnel, bridge tenders, and other appropriate employees of railroad carriers; (2) the term high hazard materials means poison inhalation hazard materials, Class 2.3 gases, Class 6.1 materials, Class 7 radioactive materials, and anhydrous ammonia; and (3) the terms railroad and railroad carrier have the meaning given those terms in section 20102 of title 49, United States Code.", "id": "H23E470B69E21427A977629D7328B948D", "header": "Definitions" } ]

[ { "text": "1. Temporary suspension of duty \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.01 9,10-Anthracenedione, 1,8-dihydroxy-4-nitro-5-(phenylamino)-; 9,10-Anthracenedione, 1,5-dihydroxy-4-nitro-8-(phenylamino)- (CAS Nos. 20241–76–3 and 3065–87–0) (provided for in subheading 3204.11.35) Free Free No change 12/31/07 (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H3E5CC079302A437A9839661DAA73B962", "header": "Temporary suspension of duty" } ]

[ { "text": "1. Allyl ureido monomer \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.41 Allyl ureido monomer (CAS No. 90412-00-3) (provided for in subheading 2933.29.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Allyl ureido monomer" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Energy Efficiency Act.", "id": "H7917F6E238234606A02C9CBCBAABA854", "header": "Short Title" }, { "text": "2. Findings \nCongress finds that— (1) escalators move more people in the United States than airplanes; (2) there are 30,000 escalators in the United States, with people using escalators 90,000,000,000 times per year; (3) the national energy use of escalators is estimated at 2,600,000,000 kilowatt hours per year; (4) the energy use of escalators per year is equal to powering 375,000 houses, or 45,000,000 60-watt light bulbs; (5) if the escalators are in continuous operation, the estimated cost to the country for this energy usage is $260,000,000 per year; (6) the European escalator safety code allows the use of intermittent escalators, which run only when a passenger rides the escalator; (7) intermittent escalator models and other energy efficient motors can increase the country’s energy savings for escalators by 40 to 50 percent; and (8) to reduce the energy use of escalators, escalators in Federal buildings should use the intermittent escalator technology.", "id": "HA4EA9F2B439D4ECF91D5583DBDC4AF1B", "header": "Findings" }, { "text": "3. Amendment \nSection 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is amended by adding at the end the following new subsection: (e) Intermittent escalators \n(1) Requirement \nExcept as provided in paragraph (2), any escalator acquired for installation in a Federal building shall be an intermittent escalator. (2) Exception \nParagraph (1) shall not apply at a location outside the United States where the Federal agency determines that to acquire an intermittent escalator would require substantially greater cost to the Government over the life of the escalator. (3) Additional energy conservation measures \nIn addition to complying with paragraph (1), Federal agencies shall incorporate other escalator energy conservation measures, as appropriate. (4) Definition \nFor purposes of this subsection, the term intermittent escalator means an escalator that remains in a stationary position until it automatically operates at the approach of a passenger, returning to a stationary position after the passenger completes passage..", "id": "H6386E0F34EA14D879B4939441771F0D8", "header": "Amendment" } ]

[ { "text": "1. Short title \nThis Act may be cited as the 50 Caliber Sniper Rifle Reduction Act.", "id": "H2D8B151EEFDC43AE98C7F7BFCED38427", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) certain firearms originally designed and built for use as long-range 50 caliber military sniper weapons are increasingly sold in the domestic civilian market, and there are fewer legal restrictions on their possession or transfer than there are on handguns; (2) the intended use of these long-range firearms, and an increasing number of models derived directly from them, is the taking of human life and the destruction of materiel, including armored vehicles and such components of the national critical infrastructure as radars and microwave transmission devices, in addition 50 caliber sniper weapons pose a significant threat to civil aviation in that they are capable of destroying or disabling jet aircraft; (3) these firearms are neither designed nor used in any significant number for legitimate sporting or hunting purposes and are clearly distinguishable from rifles intended for sporting and hunting use; (4) extraordinarily destructive ammunition for these weapons, including armor-piercing and armor-piercing incendiary ammunition, is freely sold in interstate commerce; and (5) the virtually unrestricted availability of these firearms and ammunition, given the uses intended in their design and manufacture, present a serious and substantial threat to the national security.", "id": "H85555F97172D42D3BF4152CCFF80A7E3", "header": "Findings" }, { "text": "3. Coverage of 50 caliber sniper weapons under the National Firearms Act \n(a) In general \nSubsection (a) of section 5845 of the Internal Revenue Code of 1986 (defining firearm) is amended by striking (6) a machine gun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. and inserting (6) a 50 caliber sniper weapon; (7) a machine gun; (8) any silencer (as defined in section 921 of title 18, United States Code); and (9) a destructive device. (b) 50 caliber sniper weapon \n(1) In general \nSection 5845 of such Code is amended by redesignating subsections (d) through (m) as subsections (e) through (n), respectively, and by inserting after subsection (c) the following new subsection: (d) 50 caliber sniper weapon \nThe term 50 caliber sniper weapon means a rifle capable of firing a center-fire cartridge in 50 caliber,.50 BMG caliber, any other variant of 50 caliber, or any metric equivalent of such calibers.. (2) Modification to definition of rifle \nSubsection (c) of section 5845 of such Code is amended by inserting or from a bipod or other support after shoulder. (c) Conforming amendment \nSection 5811(a) of such Code is amended by striking 5845(e) and inserting 5845(f). (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "H65BCFF27D0394C238DF535AB62E38883", "header": "Coverage of 50 caliber sniper weapons under the National Firearms Act" }, { "text": "4. Coverage of 50 caliber sniper weapons under the gun control Act of 1968 \n(a) In general \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (z) (1) It shall be unlawful for any person to transfer or possess a 50 caliber sniper weapon. (2) (A) The prohibitions of paragraph (1) shall not apply with respect to a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. (B) The possession prohibition of paragraph (1) shall not apply with respect to the otherwise lawful possession of a 50 caliber sniper weapon that was lawfully possessed before the date this subsection takes effect.. (b) 50 caliber sniper weapon defined \nSection 921(a) of such title is amended by adding at the end the following: (35) The term 50 caliber sniper weapon has the meaning given such term in section 5845(d) of the National Firearms Act ( 26 U.S.C. 5845(d) ).. (c) Penalties \nSection 924(a)(2) of such title is amended by striking or ( o ) and inserting ( o ), or (z).", "id": "H2C9E1D5D03ED4D23BD6909A6D44876EC", "header": "Coverage of 50 caliber sniper weapons under the gun control Act of 1968" } ]

[ { "text": "1. Extension of eligibility for Department of Veterans Affairs pension benefits \nSection 1501(4) of title 38, United States Code, is amended by adding at the end the following new sentence: Such term includes— (1) the period beginning on February 1, 1955, and ending on August 4, 1964, in the case of active military, naval, or air service performed in the Republic of Korea; (2) the period beginning on May 8, 1975, and ending on August 1, 1990, in the case of active military, naval, or air service performed in the Republic of Korea; (3) the period beginning on August 24, 1982, and ending on July 31, 1984, in the case of active military, naval, or air service performed in Lebanon or Granada; and (4) the period beginning on December 20, 1989, and ending on January 31, 1990, in the case of active military, naval, or air service performed in Panama..", "id": "H431DE762B5BB44F799AEAB31A28694C6", "header": "Extension of eligibility for Department of Veterans Affairs pension benefits" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Colville Land Conveyance Act of 2004.", "id": "H500D7954AE05498082E076C5176FFE43", "header": "Short title" }, { "text": "2. Land conveyance, Colville National Forest, Washington \n(a) Conveyance required \nThe Secretary of Agriculture shall convey, by quit claim deed and without consideration, to the Ferry County Public Hospital District No. 1 (in this section referred to as the recipient ) all right, title, and interest of the United States in and to a parcel of land in the Colville National Forest consisting of approximately 3.274 acres, as depicted on the map entitled Colville Land Conveyance and dated July 25, 2004, and more particularly described as a portion of Parcel A, Lot 19 of section 6 of township 36 north, range 33 east, Willamette meridian, delineated on Record of Survey, recorded June 1, 2004, in Book 4 of Surveys, Pages 173 and 174, Auditors File No. 259175, Ferry County, Washington. (b) Map and legal description \nIn the event of any discrepancy between the map referred to in subsection (a) and the legal description of the land to be conveyed under such subsection, the map shall prevail unless the Secretary determines otherwise. The Secretary may correct any minor errors in the map, the legal description, or encumbrances on the land. The map shall be on file and available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Colville National Forest. (c) Revocation of land withdrawals \nAny public order withdrawing any portion of the land to be conveyed under subsection (a) from appropriation or disposal under the public land laws is revoked to the extent necessary to permit the conveyance of the land. (d) Withdrawal of federal land \nSubject to valid existing rights, the land to be conveyed under subsection (a) is withdrawn from all forms of location, entry, and patent under the public land laws, including the mining and mineral leasing laws and the Geothermal System Act of 1970 ( 30 U.S.C. 1001 et seq. ) until the date on which the conveyance is completed. (e) Costs of implementing the conveyance \nThe administrative costs of implementing the conveyance of Federal land shall be paid by the recipient. (f) Boundary adjustment \nThe Secretary shall adjust the boundaries of Colville National Forest to reflect the land conveyance carried out under this section. (g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.", "id": "H908626330BCA4D67A0DB485917687F", "header": "Land conveyance, Colville National Forest, Washington" } ]

[ { "text": "1. Federal Contracts Suspension for Unpaid Fines Resulting from Violations of OSHA that Cause Death of an Employee \n(a) Suspension \nSection 17(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following new paragraph: (2) (A) The Secretary shall suspend a person from procurement activities and nonprocurement activities upon a finding by the Secretary that the person has not paid a fine imposed for a violation of paragraph (1). Such suspension shall continue until a finding by the Secretary that the fine is paid. (B) In this paragraph: (i) The term suspend means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting, or from participation in nonprocurement activities. (ii) The term procurement activities means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. (iii) The term nonprocurement activities means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.. (b) Regulations \nThe Federal Acquisition Regulation and the guidelines implementing Executive Order No. 12549 shall be revised to include provisions to carry out the amendments made by subsection (a).", "id": "HB40A200F14E64C729B399789D81B1121", "header": "Federal Contracts Suspension for Unpaid Fines Resulting from Violations of OSHA that Cause Death of an Employee" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Pima County Land Adjustment Act.", "id": "H14A4BA5159B249BCA81F4E4C4E666EFD", "header": "Short title" }, { "text": "2. Land exchange, Ironwood-Moore, Empirita-Simonson, and Sahuarita properties, Arizona \n(a) Exchange authorized \nIf Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest of Las Cienegas Conservation, LLC, in and to the Ironwood-Moore property and the Empirita-Simonson property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest of the United States in and to the Sahuarita property. (b) Boundary adjustment \nUpon receipt of the Empirita-Simonson property, the Secretary shall modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property. (c) Time for exchange \nExcept as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in section 4(a) are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in section 4(c)(1) for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Cash equalization payment \n(1) In general \nIf the values of lands to be exchanged under this section are not equal, they shall be equalized by the payment of cash to the Secretary or Las Cienegas Conservation, LLC, as the circumstances dictate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ). (2) Disposition and use of funds \nNotwithstanding any other provision of law, any cash equalization payment received by the Secretary under this section shall be deposited into a separate account in the Treasury, which shall be available to the Secretary, without further appropriation and until expended, solely for the purpose of— (A) the acquisition of land or interests in land within or adjacent to national conservation lands in southern Arizona; and (B) resource management by the Bureau of Land Management in Pima County, Arizona. (e) Water rights \n(1) Lands owned by Pima County \nThe exchange under this section may not take place unless Neal Simonson and Pima County, Arizona, enter into an agreement under which Neal Simonson relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-Simonson property \nThe exchange under this section may not take place unless Neal Simonson and the Secretary enter into an agreement under which Neal Simonson limits his reserved withdrawal right on the Empirita-Simonson property to maximum of 550 acre feet per year. (f) Road access prohibited \nThe Secretary may not construct or authorize the construction of any temporary or permanent road in any portion of the Empirita-Simonson property acquired under this section if the road would provide access to or from any property which is not within the Las Cienegas National Conservation Area. (g) Environmental Review \nAs a condition of the exchange, Las Cienegas Conservation, LLC, shall reimburse the Secretary for the direct costs of all environmental reviews of the lands to be exchanged under this section that are required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (h) Endangered Species Act Review \nThe Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(1) ).", "id": "H73821D8A8BC6464F954B00804222C396", "header": "Land exchange, Ironwood-Moore, Empirita-Simonson, and Sahuarita properties, Arizona" }, { "text": "3. Acquisition and conveyance of Tumamoc Hill property \n(a) Acquisition of Tumamoc Hill property \n(1) In general \nNotwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation \nAs consideration for the Tumamoc Hill property acquired under paragraph (1), the State of Arizona, State Land Department, shall receive an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court \nIn the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (b) Conveyance authorized \n(1) In general \nWhen Pima County, Arizona, pays to the State of Arizona, State Land Department, the amount of compensation determined under subsection (a), the Secretary shall convey to Pima County all right, title, and interest of the United States in and to the Tumamoc Hill property. (2) Time for conveyance \nThe conveyance authorized under paragraph (1) shall be completed prior to the expiration of the 60-day period which begins on the date Pima County pays to the State of Arizona, State Land Department, the amount described in paragraph (1).", "id": "H8D175A727552440D91725964BF688B00", "header": "Acquisition and conveyance of Tumamoc Hill property" }, { "text": "4. Administration of land exchanges \n(a) Title standards \nThe Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to legal descriptions \nBy mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Appraisals \n(1) In general \nThe values of the lands to be exchanged under this Act shall be determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and the party involved and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (United States Department of Justice, December 2000), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ). (2) Deadline for appraisals \nAll appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) Deadline for environmental reviews \nBefore the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "H6228D725C5F841B788D9F63575368B19", "header": "Administration of land exchanges" }, { "text": "5. Definitions \nIn this Act: (1) The term Empirita-Simonson property means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (2) The term Ironwood-Moore property means the parcel of land consisting of approximately 600 acres in section 32, township 11 south, range 9 east, Gila and Salt River Base and Meridian. (3) The term Sahuarita property means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (4) The term Secretary means the Secretary of the Interior. (5) The term Tumamoc Hill property means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona.", "id": "H934F8664C638456C8F50165E40938FCB", "header": "Definitions" } ]

[ { "text": "1. Pigment Yellow 214 \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.52 Pigment Yellow 214 (CAS No. 254430–12–5) (provided for in subheading 3204.17.90) Free No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H40F9013091D14C8E8EA846241EF2045E", "header": "Pigment Yellow 214" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Education for Public Service Act of 2004.", "id": "H51DF55AA82F44E5D9D90A2009E4CA256", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The Nation benefits greatly from the contributions of persons who obtain higher education, including graduate and professional degrees, and then devote much of their careers to public service. High educational debt is an impediment that discourages borrowers from pursuing low-paying public service employment. (2) In 1993, Congress created the income-contingent loan repayment option to help high-debt borrowers to have lower-paying public service careers. (3) This plan has not yet succeeded in removing the barriers to public service created by high educational debt. The principal problem is that borrowers who elect this option do not receive debt forgiveness until they have been paying for 25 years. Graduates are unable to contemplate such a long period of repayment before their educational debts are forgiven. Many of them expect to be helping to pay for their children’s education within that period. (4) The goal of income-contingent repayment can be better achieved by reducing the option’s period of loan repayment and forgiveness so that public service professionals will not be forced to continue repaying their debt for 25 years after completion of graduate school. (5) Some borrowers are discouraged from using the income-continent repayment option because it includes a severe marriage penalty. It attributes the incomes of both spouses to each borrower spouse, so that when a borrower marries, the amount of repayment due under the option is vastly increased. The option can be made more equitable by attributing only half of the income of a couple to each spouse. (6) Making adjustments to the income-contingent repayment option will improve access to higher education opportunities and will enable more graduates to work in public service.", "id": "H9A92AFDA7AF04B8D8972EEE2A3671873", "header": "Findings" }, { "text": "3. Student loan repayment \n(a) In general \nSection 455(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(d)(1)(D) ) is amended— (1) in paragraph (1)(D), by inserting and subject to paragraph (6) after prescribed by the Secretary ; and (2) by adding at the end the following new paragraph: (6) Maximum repayment period for public service employees \n(A) Shortened period in recognition of service \nFor purposes of paragraph (1)(D), in the case of borrowers who, after electing to repay a loan on the income contingent repayment plan, have been employed by a qualified public service employer, whether or not continuously, for at least eight years on a full-time basis, the extended period of time prescribed by the Secretary shall not exceed 15 years. (B) Definition \nFor purposes of this paragraph, the term qualified public service employer means any State, local government, Federal agency, or other organization (as such terms are defined by section 3371 of title 5, United States Code), any other office or entity of the legislative branch, and any employer that is exempt from taxation under section 501(c)(3) or section 501(c)(4) of title 26, United States Code.. (b) Repayment schedules for married borrowers \nSection 455(e)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(e)(2) ) is amended by— (1) by striking , or, if the borrower and all that follows and inserting a period; and (2) by adding at the end the following: If the borrower is married, one-half of the combined adjusted gross income of the borrower and of the borrower’s spouse shall be attributed to the borrower..", "id": "H09E171625CBC42C48670491CF9007CF6", "header": "Student loan repayment" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Children’s Development Commission Act (Kiddie Mac).", "id": "HE9FACE053042438000B95D8B9621AFE5", "header": "Short title" }, { "text": "2. Congressional findings \nThe Congress finds the following: (1) The need for quality nursery schools, both full-time and part-time child care centers and after-school programs, neighborhood-run mothers-day-out programs, and family child care providers has grown among working parents, and parents who stay at home, who want their children to have access to early childhood education. (2) All parents should have access to safe, stimulating, and educational early childhood education programs for their children, whether such programs are carried out in a child care center, a part-time nursery school (including a nursery school operated by a religious organization), or a certified child care provider’s home. (3) The number of available enrollment opportunities for children to receive quality child care services is not meeting the demand for such services. (4) In 1995 there were about 21,000,000 children less than 6 years of age, of whom 31 percent were participating in center-based child care services and 14 percent were receiving child care in homes. Between 1992 and 2005 the participation of women 24 to 54 years of age in the labor force is projected to increase from 75 percent to 83 percent. (5) In States that have set up a mechanism to provide capital improvements for child care facilities, the demand for services of such facilities still has not been met. (6) The United States is behind other western, industrialized countries when it comes to providing child care services. In France, almost 100 percent of all children 3 to 5 years of age attend nursery school. In Germany this number is 78 percent. In Japan 90 percent of such children attend some form of preschool care. In all of these countries early childhood care has proven to increase children’s development and performance.", "id": "HC894A484BD594420973EDD0552550000", "header": "Congressional findings" }, { "text": "3. Insurance for mortgages on new and rehabilitated child care and development facilities \nTitle II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) is amended by adding at the end the following new section: 257. Mortgage insurance for child care and development facilities \n(a) Purpose \nThe purpose of this section is to facilitate and assist in the provision and development of licensed child care and development facilities. (b) General insurance authority \nThe Secretary may insure mortgages (including advances on such mortgages during construction) in accordance with the provisions of this section and upon such terms and conditions as the Secretary may prescribe and may make commitments for insurance of such mortgages before the date of their execution or disbursement thereon. (c) Eligible mortgages \nTo carry out the purpose of this section, the Secretary may insure any mortgage that covers a new child care and development facility, including a new addition to an existing child care and development facility (regardless of whether the existing facility is being rehabilitated), or a substantially rehabilitated child care and development facility, including equipment to be used in the operation of the facility, subject to the following conditions: (1) Approved mortgagor \nThe mortgage shall be executed by a mortgagor approved by the Secretary. The Secretary may, in the discretion of the Secretary, require any such mortgagor to be regulated or restricted as to charges and methods of financing and, if the mortgagor is a corporate entity, as to capital structure and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the foregoing matters, the Secretary may make such contracts with and acquire for not more than $100 such stock or interest in such mortgagor as the Secretary may consider necessary. Any stock or interest so purchased shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. (2) Principal obligation \n(A) In general \nExcept as provided in subparagraph (B), the mortgage shall involve a principal obligation in an amount not to exceed 80 percent of the estimated value of the property or project, or 85 percent of the estimated value of the property or project in the case only of a mortgagor that is a private nonprofit corporation or association (as such term is defined pursuant to section 221(d)(3)), including— (i) equipment to be used in the operation of the facility when the proposed improvements are completed and the equipment is installed; or (ii) a solar energy system (as defined in subparagraph (3) of the last paragraph of section 2(a)) or residential energy conservation measures (as defined in subparagraphs (A) through (G) and (I) of section 210(11) of the National Energy Conservation Policy Act ), in cases in which the Secretary determines that such measures are in addition to those required under the minimum property standards and will be cost-effective over the life of the measure. (B) Increase for certain distressed areas \nIn the case of any mortgage for a child care and development facility that is located in a distressed area and for which more than 50 percent of the children served by the facility are children of families or individuals who are eligible for assistance under a State program for temporary assistance for needy families that is funded under part A of title IV of the Social Security Act , the mortgage shall involve principal obligation in an amount not to exceed the sum of the amount determined under subparagraph (A) for the mortgagor and 5 percent of the estimated value of the property or project. (3) Amortization and interest \nThe mortgage shall— (A) provide for complete amortization by periodic payments under such terms as the Secretary shall prescribe; (B) have a maturity satisfactory to the Secretary, but in no event longer than 25 years; and (C) bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee, and the Secretary shall not issue any regulations or establish any terms or conditions that interfere with the ability of the mortgagor and mortgagee to determine the interest rate. (d) Certification by children’s development Commission \nThe Secretary may not insure a mortgage under this section unless the Children’s Development Commission established under section 258 certifies that the facility is in compliance, or will be in compliance not later than 12 months after such certification, with— (1) any laws, standards, and requirements applicable to such facilities under the laws of the State, municipality, or other unit of general local government in which the facility is or is to be located; and (2) after the effective date of the standards and requirements established under section 258(c)(2), such standards and requirements. (e) Low-income clientele \nThe Secretary may not insure a mortgage under this section unless the mortgage certifies, to the satisfaction of the Secretary, that not less than 20 percent of the children served by the facility during the period that the mortgage is outstanding shall be children of families having incomes less than the median income for the metropolitan statistical area in which the facility is located. (f) Release \nThe Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien of any mortgage insured under this section upon such terms and conditions as the Secretary may prescribe. (g) Mortgage insurance terms \nThe provisions of subsections (d), (e), (g), (h), (i), (j), (k), (l), and (n) of section 207 shall apply to mortgages insured under this section, except that all references in such subsections to section 207 shall be considered, for purposes of mortgage insurance under this section, to refer to this section. (h) Mortgage insurance for fire safety equipment loans \n(1) Authority \nThe Secretary may, upon such terms and condition as the Secretary may prescribe, make commitments to insure and insure loans made by financial institutions or other approved mortgagees to child care and development facilities to provide for the purchase and installation of fire safety equipment necessary for compliance with the 1967 edition of the Life Safety Code of the National Fire Protection Association (or any subsequent edition specified by the Secretary of Health and Human Services). (2) Loan requirements \nTo be eligible for insurance under this subsection a loan shall— (A) not exceed the Secretary’s estimate of the reasonable cost of the equipment fully installed; (B) bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee; (C) have a maturity satisfactory to the Secretary; (D) be made by a financial institution or other mortgagee approved by the Secretary as eligible for insurance under section 2 or a mortgagee approved under section 203(b)(1); (E) comply with other such terms, conditions, and restrictions as the Secretary may prescribe; and (F) be made with respect to a child care and development facility that complies with the requirement under subsection (d). (3) Insurance requirements \nThe provisions of paragraphs (5), (6), (7), (9), and (10) of section 220(h) shall apply to loans insured under this subsection, except that all references in such paragraphs to home improvement loans shall be considered, for purposes of this subsection, to refer to loans under this subsection. The provisions of subsections (c), (d), and (h) of section 2 shall apply to loans insured under this subsection, except that all references in such subsections to this section or this title shall be considered, for purposes of this subsection, to refer to this subsection. (i) Schedules and deadlines \nThe Secretary shall establish schedules and deadlines for the processing and approval (or provision of notice of disapproval) of applications for mortgage insurance under this section. (j) Definitions \nFor the purposes of this section, the following definitions shall apply: (1) Child care and development facility \nThe term child care and development facility means a public facility, proprietary facility, or facility of a private nonprofit corporation or association that— (A) has as its purpose the care and development of children less than 12 years of age; and (B) is licensed or regulated by the State in which it is located (or, if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located). The term does not include facilities for school-age children primarily for use during normal school hours. The term includes facilities for training individuals to provide child care and development services. (2) Distressed area \nThe term distressed area means an area that— (A) meets the requirements under subchapter U of chapter I of the Internal Revenue Code ( 26 U.S.C. 1391 et seq. ) for designation as an enterprise community or empowerment zone under such subchapter; or (B) is a census tract that has a median income that does not exceed 50 percent of the median income for the region in which the census tract is located, as determined by the Secretary. For purposes of subparagraph (B), a region shall be determined by the Secretary in the same manner as areas are determined for purposes of determining income limitations for assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Equipment \nThe term equipment includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and any other items necessary for the functioning of a particular facility as a child care and development facility, including necessary furniture. Such term includes books, curricular, and program materials. (4) Mortgage; first mortgage; mortgagee \nThe term mortgage means a first mortgage on real estate in fee simple, or on the interest of either the lessor or lessee thereof under a lease having a period of not less than 7 years to run beyond the maturity date of the mortgage. The term first mortgage means such classes of first liens as are commonly given to secure advances (including advances during construction) on, or the unpaid purchase price of, real estate under the laws of the State in which the real estate is located, together with the credit instrument or instruments (if any) secured thereby, and any mortgage may be in the form of one or more trust mortgages or mortgage indentures or deeds of trust, securing notes, bonds, or other credit instruments, and, by the same instrument or by a separate instrument, may create a security interest in initial equipment, whether or not attached to the realty. The term mortgagor has the meaning given the term in section 207(a). (k) Limitation on insurance authority \n(1) Termination \nNo mortgage may be insured under this section or section 223(h) after September 30, 2014, except pursuant to a commitment to insure issued on or before such date. (2) Aggregate principal amount limitation \nThe aggregate principal amount of mortgages for which the Secretary enters into commitments to insure under this section or section 223(h) on or before the date under paragraph (1) may not exceed $2,000,000,000. If, upon the date under paragraph (1), the aggregate insurance authority provided under this paragraph has not been fully used, the Secretary of the Treasury shall submit a report to the Congress evaluating the need for continued mortgage insurance under this section. (l) Regulations \nThe Secretary shall issue any regulations necessary to carry out this section. In issuing such regulations, the Secretary shall consult with the Secretary of Health and Human Services with respect to any aspects of the regulations regarding child care and development facilities..", "id": "H1591E8FB00854A08956897F064502852", "header": "Insurance for mortgages on new and rehabilitated child care and development facilities" }, { "text": "257. Mortgage insurance for child care and development facilities \n(a) Purpose \nThe purpose of this section is to facilitate and assist in the provision and development of licensed child care and development facilities. (b) General insurance authority \nThe Secretary may insure mortgages (including advances on such mortgages during construction) in accordance with the provisions of this section and upon such terms and conditions as the Secretary may prescribe and may make commitments for insurance of such mortgages before the date of their execution or disbursement thereon. (c) Eligible mortgages \nTo carry out the purpose of this section, the Secretary may insure any mortgage that covers a new child care and development facility, including a new addition to an existing child care and development facility (regardless of whether the existing facility is being rehabilitated), or a substantially rehabilitated child care and development facility, including equipment to be used in the operation of the facility, subject to the following conditions: (1) Approved mortgagor \nThe mortgage shall be executed by a mortgagor approved by the Secretary. The Secretary may, in the discretion of the Secretary, require any such mortgagor to be regulated or restricted as to charges and methods of financing and, if the mortgagor is a corporate entity, as to capital structure and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the foregoing matters, the Secretary may make such contracts with and acquire for not more than $100 such stock or interest in such mortgagor as the Secretary may consider necessary. Any stock or interest so purchased shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. (2) Principal obligation \n(A) In general \nExcept as provided in subparagraph (B), the mortgage shall involve a principal obligation in an amount not to exceed 80 percent of the estimated value of the property or project, or 85 percent of the estimated value of the property or project in the case only of a mortgagor that is a private nonprofit corporation or association (as such term is defined pursuant to section 221(d)(3)), including— (i) equipment to be used in the operation of the facility when the proposed improvements are completed and the equipment is installed; or (ii) a solar energy system (as defined in subparagraph (3) of the last paragraph of section 2(a)) or residential energy conservation measures (as defined in subparagraphs (A) through (G) and (I) of section 210(11) of the National Energy Conservation Policy Act ), in cases in which the Secretary determines that such measures are in addition to those required under the minimum property standards and will be cost-effective over the life of the measure. (B) Increase for certain distressed areas \nIn the case of any mortgage for a child care and development facility that is located in a distressed area and for which more than 50 percent of the children served by the facility are children of families or individuals who are eligible for assistance under a State program for temporary assistance for needy families that is funded under part A of title IV of the Social Security Act , the mortgage shall involve principal obligation in an amount not to exceed the sum of the amount determined under subparagraph (A) for the mortgagor and 5 percent of the estimated value of the property or project. (3) Amortization and interest \nThe mortgage shall— (A) provide for complete amortization by periodic payments under such terms as the Secretary shall prescribe; (B) have a maturity satisfactory to the Secretary, but in no event longer than 25 years; and (C) bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee, and the Secretary shall not issue any regulations or establish any terms or conditions that interfere with the ability of the mortgagor and mortgagee to determine the interest rate. (d) Certification by children’s development Commission \nThe Secretary may not insure a mortgage under this section unless the Children’s Development Commission established under section 258 certifies that the facility is in compliance, or will be in compliance not later than 12 months after such certification, with— (1) any laws, standards, and requirements applicable to such facilities under the laws of the State, municipality, or other unit of general local government in which the facility is or is to be located; and (2) after the effective date of the standards and requirements established under section 258(c)(2), such standards and requirements. (e) Low-income clientele \nThe Secretary may not insure a mortgage under this section unless the mortgage certifies, to the satisfaction of the Secretary, that not less than 20 percent of the children served by the facility during the period that the mortgage is outstanding shall be children of families having incomes less than the median income for the metropolitan statistical area in which the facility is located. (f) Release \nThe Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien of any mortgage insured under this section upon such terms and conditions as the Secretary may prescribe. (g) Mortgage insurance terms \nThe provisions of subsections (d), (e), (g), (h), (i), (j), (k), (l), and (n) of section 207 shall apply to mortgages insured under this section, except that all references in such subsections to section 207 shall be considered, for purposes of mortgage insurance under this section, to refer to this section. (h) Mortgage insurance for fire safety equipment loans \n(1) Authority \nThe Secretary may, upon such terms and condition as the Secretary may prescribe, make commitments to insure and insure loans made by financial institutions or other approved mortgagees to child care and development facilities to provide for the purchase and installation of fire safety equipment necessary for compliance with the 1967 edition of the Life Safety Code of the National Fire Protection Association (or any subsequent edition specified by the Secretary of Health and Human Services). (2) Loan requirements \nTo be eligible for insurance under this subsection a loan shall— (A) not exceed the Secretary’s estimate of the reasonable cost of the equipment fully installed; (B) bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee; (C) have a maturity satisfactory to the Secretary; (D) be made by a financial institution or other mortgagee approved by the Secretary as eligible for insurance under section 2 or a mortgagee approved under section 203(b)(1); (E) comply with other such terms, conditions, and restrictions as the Secretary may prescribe; and (F) be made with respect to a child care and development facility that complies with the requirement under subsection (d). (3) Insurance requirements \nThe provisions of paragraphs (5), (6), (7), (9), and (10) of section 220(h) shall apply to loans insured under this subsection, except that all references in such paragraphs to home improvement loans shall be considered, for purposes of this subsection, to refer to loans under this subsection. The provisions of subsections (c), (d), and (h) of section 2 shall apply to loans insured under this subsection, except that all references in such subsections to this section or this title shall be considered, for purposes of this subsection, to refer to this subsection. (i) Schedules and deadlines \nThe Secretary shall establish schedules and deadlines for the processing and approval (or provision of notice of disapproval) of applications for mortgage insurance under this section. (j) Definitions \nFor the purposes of this section, the following definitions shall apply: (1) Child care and development facility \nThe term child care and development facility means a public facility, proprietary facility, or facility of a private nonprofit corporation or association that— (A) has as its purpose the care and development of children less than 12 years of age; and (B) is licensed or regulated by the State in which it is located (or, if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located). The term does not include facilities for school-age children primarily for use during normal school hours. The term includes facilities for training individuals to provide child care and development services. (2) Distressed area \nThe term distressed area means an area that— (A) meets the requirements under subchapter U of chapter I of the Internal Revenue Code ( 26 U.S.C. 1391 et seq. ) for designation as an enterprise community or empowerment zone under such subchapter; or (B) is a census tract that has a median income that does not exceed 50 percent of the median income for the region in which the census tract is located, as determined by the Secretary. For purposes of subparagraph (B), a region shall be determined by the Secretary in the same manner as areas are determined for purposes of determining income limitations for assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Equipment \nThe term equipment includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and any other items necessary for the functioning of a particular facility as a child care and development facility, including necessary furniture. Such term includes books, curricular, and program materials. (4) Mortgage; first mortgage; mortgagee \nThe term mortgage means a first mortgage on real estate in fee simple, or on the interest of either the lessor or lessee thereof under a lease having a period of not less than 7 years to run beyond the maturity date of the mortgage. The term first mortgage means such classes of first liens as are commonly given to secure advances (including advances during construction) on, or the unpaid purchase price of, real estate under the laws of the State in which the real estate is located, together with the credit instrument or instruments (if any) secured thereby, and any mortgage may be in the form of one or more trust mortgages or mortgage indentures or deeds of trust, securing notes, bonds, or other credit instruments, and, by the same instrument or by a separate instrument, may create a security interest in initial equipment, whether or not attached to the realty. The term mortgagor has the meaning given the term in section 207(a). (k) Limitation on insurance authority \n(1) Termination \nNo mortgage may be insured under this section or section 223(h) after September 30, 2014, except pursuant to a commitment to insure issued on or before such date. (2) Aggregate principal amount limitation \nThe aggregate principal amount of mortgages for which the Secretary enters into commitments to insure under this section or section 223(h) on or before the date under paragraph (1) may not exceed $2,000,000,000. If, upon the date under paragraph (1), the aggregate insurance authority provided under this paragraph has not been fully used, the Secretary of the Treasury shall submit a report to the Congress evaluating the need for continued mortgage insurance under this section. (l) Regulations \nThe Secretary shall issue any regulations necessary to carry out this section. In issuing such regulations, the Secretary shall consult with the Secretary of Health and Human Services with respect to any aspects of the regulations regarding child care and development facilities.", "id": "H22041F0FC3CC450797C0A16378F91DEC", "header": "Mortgage insurance for child care and development facilities" }, { "text": "4. Insurance for mortgages for acquisition or refinancing debt of existing child care and development facilities \nSection 223 of the National Housing Act ( 12 U.S.C. 1715n ) is amended by adding at the end the following new subsection: (h) Mortgage insurance for purchase or refinancing of existing child care and development facilities \n(1) Authority \nNotwithstanding any other provision of this Act, the Secretary may insure under any section of this title a mortgage executed in connection with the purchase or refinancing of an existing child care and development facility, the purchase of a structure to serve as a child care and development facility, or the refinancing of existing debt of an existing child care and development facility. (2) Purchase of existing facilities and structures \nIn the case of the purchase under this subsection of an existing child care and development facility or purchase of an existing structure to serve as such a facility, the Secretary shall prescribe any terms and conditions that the Secretary considers necessary to ensure that— (A) the facility or structure purchased continues to be used as a child care and development facility; and (B) the facility complies with the same requirements applicable under section 257(d) to facilities having mortgages insured under such section. (3) Refinancing of existing facilities \nIn the case of refinancing of an existing child care and development facility, the Secretary shall prescribe any terms and conditions that the Secretary considers necessary to ensure that— (A) the refinancing is used to lower the monthly debt service costs (taking into account any fees or charges connected with such refinancing) of the existing facility; (B) the proceeds of any refinancing will be employed only to retire the existing indebtedness and pay the necessary cost of refinancing on the existing facility; (C) the existing facility is economically viable; and (D) the facility complies with the same requirements applicable under section 257(d) to facilities having mortgages insured under such section. (4) Definitions \nFor purposes of this subsection, the terms defined in section 257(j) shall have the same meanings as provided under such section. (5) Limitation on insurance authority \nThe authority of the Secretary to enter into commitments to insure mortgages under this subsection is subject to the limitations under section 257(k)..", "id": "H69B6DA9C34A14CC6B491FC00AD007F8", "header": "Insurance for mortgages for acquisition or refinancing debt of existing child care and development facilities" }, { "text": "5. Children’s development Commission \nTitle II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) is amended by adding at the end (after section 257, as added by section 3 of this Act) the following new section: 258. Children’s development Commission (Kiddie Mac) \n(a) Establishment \nThere is hereby established a commission to be known as the Children’s Development Commission or Kiddie Mac. (b) Membership \n(1) Appointment \nThe Commission shall be composed of 7 members appointed by the President, not later than the expiration of the 3-month period beginning upon the enactment of this section, by and with the advice and consent of the Senate, as follows: (A) The Secretary of Housing and Urban Development or the Secretary’s designee. (B) The Secretary of Health and Human Services or the Secretary’s designee. (C) The Secretary of the Treasury or the Secretary’s designee. (D) 4 members shall be appointed from among 12 individuals recommended jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, Minority Leader of the House of Representatives, the Minority Leader of the Senate. (2) Qualifications of congressionally recommended members \nOf the members appointed under paragraph (1)(D)— (A) each shall be an individual who actively participates or is employed in the field of child care and has academic, licensing, or other credentials relating to such participation or employment; and (B) not more than 2 may be of the same political party. (3) Terms \nEach appointed member of the Commission shall serve for a term of 3 years. (4) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Chairperson \nThe chairperson of the Commission shall be designated by the President at the time of appointment. (6) Quorum \nA majority of the members of the Commission shall constitute a quorum for the transaction of business. (7) Voting \nEach member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. (8) Prohibition on additional pay \nMembers of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. (c) Functions \nThe Commission shall carry out the following functions: (1) Certification of compliance \nThe Commission shall collect such information and make such determinations as may be necessary to determine, for purposes of section 257(d), whether child care and development facilities comply, or will be in compliance within 12 months, with— (A) any laws, standards, and requirements applicable to such facilities under the laws of the State, municipality, or other unit of general local government in which the facility is or is to be located, and (B) after the effective date of the standards and requirements established under paragraph (2), such standards and requirements, and shall issue certifications of such compliance. (2) Establishment of standards \n(A) Study \nNot later than 12 months after the date on which appointment of initial membership of the Commission is completed, the Commission, in consultation with the Secretary of Housing and Urban Development and the Secretary of Health and Human Services, shall conduct a study to determine the laws, standards, and requirements referred to in paragraph (1)(A) that are applicable in each State. Taking into consideration the findings of the study, the Secretary shall establish standards and requirements regarding child care and development facilities that are designed to ensure that mortgage insurance is provided under section 257 and section 223(h) only for safe, clean, and healthy facilities that provide appropriate care and development services for children. (B) Publication \nThe Commission shall issue regulations providing for the standards and requirements established under subparagraph (A) to take effect, for purposes of sections 257(d)(2) and 223(h)(2)(B) and paragraph (1)(B) of this section, not later than 18 months after the date of the enactment of this section. (3) Small purpose loans \nThe Commission shall, to the extent amounts are made available for such purpose pursuant to subsection (i) and qualified requests are received, make loans, directly or indirectly to providers of child care and development facilities for reconstruction or renovation of such facilities, subject to the following requirements: (A) Loans under this paragraph shall be made only for such facilities that are financially and operationally viable, as determined under standards and guidelines to be established by the Commission. (B) The aggregate amount of loans made under this paragraph to a single borrower may not exceed $50,000. (C) A loan made under this paragraph may not have a term exceeding 15 years. (D) Loans under this paragraph shall bear interest at rates and be made under such other conditions and terms as the Commission shall provide. (4) Notification \nThe Commission shall take such actions as may be necessary to publicize the availability of the programs for mortgage insurance under sections 257 and 223(h) and loans under paragraph (3) of this subsection in a manner that ensures that information concerning such programs will be available to child care providers throughout the United States. (5) Technical assistance \nThe Commission shall make available, to mortgagors of mortgages insured under section 257 or 223(h) and to borrowers under paragraph (3) of this subsection, technical assistance and expertise in the business aspects of operating child care and development facilities (including business planning and quality control assistance). The Commission shall provide such assistance and expertise directly and in coordination with appropriate Federal agencies (including the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of Defense, and the Small Business Administration), (6) Liability insurance \nThe Commission shall— (A) not later than 12 months after the date on which appointment of initial membership of the Commission is completed— (i) establish standards and guidelines, applicable to mortgage insurance under sections 257 and 223(h) and loans under paragraph (3) of this subsection, that require child care providers operating child care and development facilities assisted under such provisions to obtain and maintain liability insurance in such amounts and subject to such requirements as the Commission considers appropriate; and (ii) submit a report to the Congress that analyzes the need for making financial and technical assistance available to such child care providers to identify and obtain liability insurance adequate to comply with such standards and guidelines, identifies appropriate methods of providing such assistance, sets forth a program for the Commission to provide such technical assistance, and makes recommendations for any legislation necessary to implement a program to provide such appropriate financial assistance; and (B) beginning not later than the effective date of the standards and guidelines established under subparagraph (A)(i), carry out the technical assistance program set forth in the report under subparagraph (A)(ii). (7) Research foundation \nNot later than 12 months after the date of the enactment of this section, the Commission shall submit a report to the Congress recommending a plan for establishing and funding a foundation that is an entity independent of the Commission (but which maintains association with the Commission)— (A) which shall have as its purpose— (i) to support research relating to child care and development facilities; (ii) to fund pilot programs to test innovative methods for improving child care; and (iii) to engage in activities and publish materials to assist persons interested in mortgage insurance under sections 257 and 223(h) and other assistance provided by the Commission; and (B) which shall have the authority to accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the foundation. (8) Study regarding capital needs of center-based child care in low-income communities \nThe Commission shall provide for the conducting of a study of center-based child care for families in low-income communities and neighborhoods that— (A) determines the existing supply and quality of such care in such areas; (B) identifies the economic and other market barriers in such areas to— (i) creating an adequate supply of center-based child care services; and (ii) achieving a quality standard in child care centers adequate to support early childhood programs; and (C) proposes public policy and private sector initiatives that might be taken to ensure that such areas have— (i) a supply of center-based child care facilities sufficient for child care needs of the areas and to facilitate employment and support the goals of welfare reform; (ii) appropriate child care choices; and (iii) sufficient quality of care necessary to prepare at-risk children for school. The Commission shall submit to the Congress a report regarding the results of the study conducted under this section not later than the expiration of the 18-month period beginning on the date of the appointment of the executive director pursuant to subsection (f)(1). (d) Nondiscrimination requirement \n(1) In general \nThe Commission may not certify under subsection (c)(1) or carry out any activities of the Commission with respect to any child care and development facility if the provider of the facility discriminates on account of race, color, religion (subject to paragraph (2)), national origin, sex (to the extent provided in title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. )), or handicapping condition. (2) Facilities of religious organizations \nThe prohibition with respect to religion shall not apply to a child care and development facility which is controlled by or which is closely identified with the tenets of a particular religious organization if the application of this subsection would not be consistent with the religious tenets of such organization. (3) Certification \nAs a condition of certification under subsection (c)(1) and eligibility for a loan under subsection (c)(3), the provider of a child care and development facility shall certify to the Commission that the provider does not discriminate, as required by the provisions of paragraph (1) of this subsection. (e) Powers \n(1) Assistance from Federal agencies \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission may require for carrying out its functions. Upon request of the Commission, any such department or agency shall furnish such information. (2) Assistance from general services administration \nThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (3) Assistance from Department of Housing and Urban Development \nUpon the request of the Commission, the Secretary of Housing and Urban Development shall, to the extent possible and subject to the discretion of the Secretary, detail any of the personnel of the Department of Housing and Urban Development, on a nonreimbursable basis, to assist the Commission in carrying out its functions under this section. (4) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (f) Staff \n(1) Executive director \nThe Commission shall appoint an executive director, who shall be compensated at a rate fixed by the Commission, but which shall not exceed the rate established for level I of the Executive Schedule under title 5, United States Code. (2) Other personnel \nIn addition to the executive director, the Commission may appoint and fix the compensation of such personnel as the Commission considers necessary, in accordance with the provisions of title 5, United States Code, governing appointments to the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (g) Reports \nNot later than March 31 of each year, the Commission shall submit a report to the President and the Congress regarding the operations and activities of the Commission during the preceding calendar year. Each annual report shall include a copy of the Commission’s financial statements and such information and other evidence as is necessary to demonstrate that the activities of the Commission during the year for which the report is made. The Commission may also submit reports to the Congress and President at such other times as the Commission deems desirable. (h) Definitions \nFor purposes of this section, the terms defined in section 257(j) shall have the same meanings as provided under such section. (i) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this section $20,000,000 for fiscal year 2005, to remain available until expended, of which not more than $2,500,000 shall be available for administrative costs of the Commission and the remainder of which shall be available only for loans under subsection (c)(3)..", "id": "H650F2E429FC34183B6AFD25473299956", "header": "Children’s development Commission" }, { "text": "258. Children’s development Commission (Kiddie Mac) \n(a) Establishment \nThere is hereby established a commission to be known as the Children’s Development Commission or Kiddie Mac. (b) Membership \n(1) Appointment \nThe Commission shall be composed of 7 members appointed by the President, not later than the expiration of the 3-month period beginning upon the enactment of this section, by and with the advice and consent of the Senate, as follows: (A) The Secretary of Housing and Urban Development or the Secretary’s designee. (B) The Secretary of Health and Human Services or the Secretary’s designee. (C) The Secretary of the Treasury or the Secretary’s designee. (D) 4 members shall be appointed from among 12 individuals recommended jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, Minority Leader of the House of Representatives, the Minority Leader of the Senate. (2) Qualifications of congressionally recommended members \nOf the members appointed under paragraph (1)(D)— (A) each shall be an individual who actively participates or is employed in the field of child care and has academic, licensing, or other credentials relating to such participation or employment; and (B) not more than 2 may be of the same political party. (3) Terms \nEach appointed member of the Commission shall serve for a term of 3 years. (4) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Chairperson \nThe chairperson of the Commission shall be designated by the President at the time of appointment. (6) Quorum \nA majority of the members of the Commission shall constitute a quorum for the transaction of business. (7) Voting \nEach member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. (8) Prohibition on additional pay \nMembers of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. (c) Functions \nThe Commission shall carry out the following functions: (1) Certification of compliance \nThe Commission shall collect such information and make such determinations as may be necessary to determine, for purposes of section 257(d), whether child care and development facilities comply, or will be in compliance within 12 months, with— (A) any laws, standards, and requirements applicable to such facilities under the laws of the State, municipality, or other unit of general local government in which the facility is or is to be located, and (B) after the effective date of the standards and requirements established under paragraph (2), such standards and requirements, and shall issue certifications of such compliance. (2) Establishment of standards \n(A) Study \nNot later than 12 months after the date on which appointment of initial membership of the Commission is completed, the Commission, in consultation with the Secretary of Housing and Urban Development and the Secretary of Health and Human Services, shall conduct a study to determine the laws, standards, and requirements referred to in paragraph (1)(A) that are applicable in each State. Taking into consideration the findings of the study, the Secretary shall establish standards and requirements regarding child care and development facilities that are designed to ensure that mortgage insurance is provided under section 257 and section 223(h) only for safe, clean, and healthy facilities that provide appropriate care and development services for children. (B) Publication \nThe Commission shall issue regulations providing for the standards and requirements established under subparagraph (A) to take effect, for purposes of sections 257(d)(2) and 223(h)(2)(B) and paragraph (1)(B) of this section, not later than 18 months after the date of the enactment of this section. (3) Small purpose loans \nThe Commission shall, to the extent amounts are made available for such purpose pursuant to subsection (i) and qualified requests are received, make loans, directly or indirectly to providers of child care and development facilities for reconstruction or renovation of such facilities, subject to the following requirements: (A) Loans under this paragraph shall be made only for such facilities that are financially and operationally viable, as determined under standards and guidelines to be established by the Commission. (B) The aggregate amount of loans made under this paragraph to a single borrower may not exceed $50,000. (C) A loan made under this paragraph may not have a term exceeding 15 years. (D) Loans under this paragraph shall bear interest at rates and be made under such other conditions and terms as the Commission shall provide. (4) Notification \nThe Commission shall take such actions as may be necessary to publicize the availability of the programs for mortgage insurance under sections 257 and 223(h) and loans under paragraph (3) of this subsection in a manner that ensures that information concerning such programs will be available to child care providers throughout the United States. (5) Technical assistance \nThe Commission shall make available, to mortgagors of mortgages insured under section 257 or 223(h) and to borrowers under paragraph (3) of this subsection, technical assistance and expertise in the business aspects of operating child care and development facilities (including business planning and quality control assistance). The Commission shall provide such assistance and expertise directly and in coordination with appropriate Federal agencies (including the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of Defense, and the Small Business Administration), (6) Liability insurance \nThe Commission shall— (A) not later than 12 months after the date on which appointment of initial membership of the Commission is completed— (i) establish standards and guidelines, applicable to mortgage insurance under sections 257 and 223(h) and loans under paragraph (3) of this subsection, that require child care providers operating child care and development facilities assisted under such provisions to obtain and maintain liability insurance in such amounts and subject to such requirements as the Commission considers appropriate; and (ii) submit a report to the Congress that analyzes the need for making financial and technical assistance available to such child care providers to identify and obtain liability insurance adequate to comply with such standards and guidelines, identifies appropriate methods of providing such assistance, sets forth a program for the Commission to provide such technical assistance, and makes recommendations for any legislation necessary to implement a program to provide such appropriate financial assistance; and (B) beginning not later than the effective date of the standards and guidelines established under subparagraph (A)(i), carry out the technical assistance program set forth in the report under subparagraph (A)(ii). (7) Research foundation \nNot later than 12 months after the date of the enactment of this section, the Commission shall submit a report to the Congress recommending a plan for establishing and funding a foundation that is an entity independent of the Commission (but which maintains association with the Commission)— (A) which shall have as its purpose— (i) to support research relating to child care and development facilities; (ii) to fund pilot programs to test innovative methods for improving child care; and (iii) to engage in activities and publish materials to assist persons interested in mortgage insurance under sections 257 and 223(h) and other assistance provided by the Commission; and (B) which shall have the authority to accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the foundation. (8) Study regarding capital needs of center-based child care in low-income communities \nThe Commission shall provide for the conducting of a study of center-based child care for families in low-income communities and neighborhoods that— (A) determines the existing supply and quality of such care in such areas; (B) identifies the economic and other market barriers in such areas to— (i) creating an adequate supply of center-based child care services; and (ii) achieving a quality standard in child care centers adequate to support early childhood programs; and (C) proposes public policy and private sector initiatives that might be taken to ensure that such areas have— (i) a supply of center-based child care facilities sufficient for child care needs of the areas and to facilitate employment and support the goals of welfare reform; (ii) appropriate child care choices; and (iii) sufficient quality of care necessary to prepare at-risk children for school. The Commission shall submit to the Congress a report regarding the results of the study conducted under this section not later than the expiration of the 18-month period beginning on the date of the appointment of the executive director pursuant to subsection (f)(1). (d) Nondiscrimination requirement \n(1) In general \nThe Commission may not certify under subsection (c)(1) or carry out any activities of the Commission with respect to any child care and development facility if the provider of the facility discriminates on account of race, color, religion (subject to paragraph (2)), national origin, sex (to the extent provided in title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. )), or handicapping condition. (2) Facilities of religious organizations \nThe prohibition with respect to religion shall not apply to a child care and development facility which is controlled by or which is closely identified with the tenets of a particular religious organization if the application of this subsection would not be consistent with the religious tenets of such organization. (3) Certification \nAs a condition of certification under subsection (c)(1) and eligibility for a loan under subsection (c)(3), the provider of a child care and development facility shall certify to the Commission that the provider does not discriminate, as required by the provisions of paragraph (1) of this subsection. (e) Powers \n(1) Assistance from Federal agencies \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission may require for carrying out its functions. Upon request of the Commission, any such department or agency shall furnish such information. (2) Assistance from general services administration \nThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (3) Assistance from Department of Housing and Urban Development \nUpon the request of the Commission, the Secretary of Housing and Urban Development shall, to the extent possible and subject to the discretion of the Secretary, detail any of the personnel of the Department of Housing and Urban Development, on a nonreimbursable basis, to assist the Commission in carrying out its functions under this section. (4) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (f) Staff \n(1) Executive director \nThe Commission shall appoint an executive director, who shall be compensated at a rate fixed by the Commission, but which shall not exceed the rate established for level I of the Executive Schedule under title 5, United States Code. (2) Other personnel \nIn addition to the executive director, the Commission may appoint and fix the compensation of such personnel as the Commission considers necessary, in accordance with the provisions of title 5, United States Code, governing appointments to the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (g) Reports \nNot later than March 31 of each year, the Commission shall submit a report to the President and the Congress regarding the operations and activities of the Commission during the preceding calendar year. Each annual report shall include a copy of the Commission’s financial statements and such information and other evidence as is necessary to demonstrate that the activities of the Commission during the year for which the report is made. The Commission may also submit reports to the Congress and President at such other times as the Commission deems desirable. (h) Definitions \nFor purposes of this section, the terms defined in section 257(j) shall have the same meanings as provided under such section. (i) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this section $20,000,000 for fiscal year 2005, to remain available until expended, of which not more than $2,500,000 shall be available for administrative costs of the Commission and the remainder of which shall be available only for loans under subsection (c)(3).", "id": "HC910F42C5DA840E68DA1AAC4ED737DCF", "header": "Children’s development Commission (Kiddie Mac)" }, { "text": "6. Study of availability of secondary markets for mortgages on child care facilities \nThe Secretary of the Treasury shall conduct a study of the secondary mortgage markets to determine— (1) whether such a market exists for purchase of mortgages eligible for insurance under sections 223(h) and 257 of the National Housing Act (as added by this Act); (2) whether such a market would affect the availability of credit available for development of child care and development facilities or would lower development costs of such facilities; and (3) the extent to which such a market or other activities to provide credit enhancement for child care and development facilities loans is needed to meet the demand for such facilities. The Secretary of the Treasury shall submit to the Congress a report regarding the results of the study conducted under this section not later than the expiration of the 2-year period beginning on the date of the enactment of this Act.", "id": "HEF1ECFADA20A4235851DBE751C4C00F1", "header": "Study of availability of secondary markets for mortgages on child care facilities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the MMA Territorial Equity for Low-Income Individuals Act of 2004.", "id": "H9762BC1492754B16A33FE19B0C0423E", "header": "Short title" }, { "text": "2. Equitable treatment of residents of territories under medicare prescription drug transitional assistance program \n(a) In general \nSubsection (b)(2)(A) of section 1860D–31 of the Social Security Act ( 42 U.S.C. 1395w–141 ) is amended by inserting after or the District of Columbia the following: or in Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (b) Conforming change in availability of funds \nSubsection (j)(2) of such section is amended— (1) by striking for the entire period of the operation of this section and inserting for 2004 ; and (2) by striking subparagraph (D). (c) Additional conforming amendments \n(1) Subsection (b) of such section is amended— (A) by adding at the end of paragraph (2)(A) the following: The poverty line to be applied under this subparagraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States. ; and (B) by adding at the end of paragraph (3) the following: The poverty line to be applied under this paragraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.. (2) Subsection (f)(3)(C)(ii) of such section is amended by striking that is one of the 50 States or the District of Columbia. (d) Effective date \nThe amendments made by this section shall take effect on January 1, 2005.", "id": "HD778D98EE8254776B4F5ECFCBBB7273D", "header": "Equitable treatment of residents of territories under medicare prescription drug transitional assistance program" }, { "text": "3. Equitable treatment of residents of territories in premium and cost-sharing subsidies under medicare prescription drug program \n(a) In general \nSection 1860D–14(a)(3) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3) ) is amended by striking subparagraph (F). (b) Conforming amendments \n(1) Section 1935 of such Act ( 42 U.S.C. 1396v ) is amended— (A) in subsections (a) and (c)(1), by striking subject to subsection (e) ; (B) in subsection (c)(1)(A), by striking Each of the 50 States and the District of Columbia and inserting Each State ; (C) in subsection (c)(2)(A)(i), by striking and at the end of subclause (I), and by adding after subclause (II) the following new subclause: (III) in the case of a territory subject to a limitation on payments under this title under subsections (f) and (g) of section 1108, the ratio of the total amounts of the payment limitations under such subsections for such territory for fiscal year 2003, to the total amounts that would be payable to such territory under this title for such fiscal year but for such payment limitations; and ; and (D) by striking subsection (e). (2) Section 1108(f) of such Act ( 42 U.S.C. 1308(f) ) is amended by striking and section 1935(e)(1)(B). (3) Section 1860D–14(a)(3)(C) of such Act ( 42 U.S.C. 1395w–114(a)(3)(C) ) is amended by adding at the end the following: The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States.. (c) Effective date \nThe amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "HDD49C7DCB8574792AA5618F4BF689466", "header": "Equitable treatment of residents of territories in premium and cost-sharing subsidies under medicare prescription drug program" }, { "text": "4. Institute of Medicine report on access of medicare beneficiaries in territories to prescription drugs \n(a) In general \nThe Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to undertake a study that examines the access of medicare beneficiaries residing in the United States territories to prescription drugs during each of 3 periods: (1) Before MMA \nThe period before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ). (2) Discount card and transitional assistance \nThe period during the implementation of the discount card and transitional assistance program (under section 1860D–31 of the Social Security Act). (3) Implementation of prescription drug benefit \nThe period beginning on January 1, 2006. (b) Report \nThe study under subsection (a) shall include a report to the Secretary, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, on the results of such study. Such report shall include information on— (1) the relative cost of prescription drugs to medicare beneficiaries residing in the territories, both retail and as affected through benefit changes effected under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ); and (2) statistical health improvements of such beneficiaries as a result of the enactment of such law.", "id": "HECD3340788E54EA4BBFB1E94F1864301", "header": "Institute of Medicine report on access of medicare beneficiaries in territories to prescription drugs" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Honor Our Fallen Prisoners of War Act.", "id": "H68517F85A9034A6AB1E6E2C8F54D1C52", "header": "Short Title" }, { "text": "2. Award of Purple Heart for Prisoners of War Who Die in Captivity \n(a) Persons Not Otherwise Eligible for the Purple Heart \nChapter 57 of title 10, United States Code, is amended by adding at the end the following new section: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death \n(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. (c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.", "id": "HCD4073B6F5A64B4590DA87ABAB00C500", "header": "Award of Purple Heart for Prisoners of War Who Die in Captivity" }, { "text": "1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death \n(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. (c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.", "id": "H88D03AFCDD6248179BC587697824D6AB", "header": "Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Retinoblastoma Awareness and Prevention Act of 2004.", "id": "HAC698D7C89FD42E7BD3C2676CA8FBE92", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Retinoblastoma is the most prevalent form of eye cancer among young children and is the third most common cancer affecting children. (2) Although the disease is curable, it is almost always fatal when left untreated. As such, early detection of retinoblastoma is essential to avoid dangerous and lengthy procedures such as enucleation of either one or both eyes and potential spread of the cancer throughout the rest of the body. (3) Of all children who are diagnosed with retinoblastoma, 90 percent are the first ones in their family to develop the disease. As such, many parents are slow to react to the symptoms because they are unfamiliar with the disease. (4) The cancer originates as a tumor within the retina, the light sensitive layer of the eye. (5) Although the exact cause of retinoblastoma is unclear, there is a connection between the disease and an abnormality in chromosome 13 in which a piece of the chromosome is nonfunctional or missing. Furthermore, there is a connection between children who are conceived through in vitro fertilization and a heightened incidence of retinoblastoma. This new realization raises the issue of whether there are more unknown abnormalities and other potential dangers associated with in vitro fertilization treatment. (6) Because many children do not suffer from any symptoms, retinoblastoma can be a secret killer. However, common symptoms of retinoblastoma are crossed eyes, poor vision, painful red eyes, inflammation of the tissue surrounding the eye, protrusion of the eyeball, and vitreous hemorrhaging or bleeding around the eye. The majority of children who suffer from retinoblastoma have a white pupil reflex, known as the cat’s eye reflex, rather than a black pupil or red reflex. (7) Once a patient has been diagnosed with retinoblastoma, the physician must determine the extent of the disease in the eye and whether the disease has spread outside the eye in a process called staging. There are three primary forms of retinoblastoma. In its intraocular form, the cancer occurs in either one or both eyes but it has not spread to surrounding tissues and organs in the rest of the body. In its extraocular form, the cancer has spread to tissues around the eye or to other parts of the body. If the retinoblastoma is recurrent, the cancer has come back to the eye or continues to grow after it has been treated.", "id": "HEC18DB1BE022426D0016284B5970BFF9", "header": "Findings" }, { "text": "3. Retinoblastoma awareness and prevention program \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following new section: 399O. Retinoblastoma awareness and prevention program \n(a) Awareness and prevention program \nThe Secretary shall establish a retinoblastoma awareness and prevention program that shall include— (1) public and community awareness programs concerning the prevention and identification of retinoblastoma and the provision of services for children, adolescents, and adults with retinoblastoma; (2) the development and placement of public service announcements to educate the public about retinoblastoma; and (3) the development of strategies to educate parents about retinoblastoma, early warning signs, and risk factors based on the best available medical information and to encourage parents to discuss retinoblastoma with their child’s physician. (b) Grants and technical assistance \nThe Secretary may award grants, enter into cooperative agreements and contracts, and provide technical assistance to private and public entities for the purpose of carrying out subsection (a)..", "id": "H1654B1437E9C4ECEBE65B7D5DC252E9", "header": "Retinoblastoma awareness and prevention program" }, { "text": "399O. Retinoblastoma awareness and prevention program \n(a) Awareness and prevention program \nThe Secretary shall establish a retinoblastoma awareness and prevention program that shall include— (1) public and community awareness programs concerning the prevention and identification of retinoblastoma and the provision of services for children, adolescents, and adults with retinoblastoma; (2) the development and placement of public service announcements to educate the public about retinoblastoma; and (3) the development of strategies to educate parents about retinoblastoma, early warning signs, and risk factors based on the best available medical information and to encourage parents to discuss retinoblastoma with their child’s physician. (b) Grants and technical assistance \nThe Secretary may award grants, enter into cooperative agreements and contracts, and provide technical assistance to private and public entities for the purpose of carrying out subsection (a).", "id": "HF2CF57C8B26B42D6A1456C959762CC2E", "header": "Retinoblastoma awareness and prevention program" } ]

[ { "text": "1. Modification of calculation of duty imposed on imported cherries that are provisionally preserved \n(a) Amendments \nSubheading 0812.10.00 of the Harmonized Tariff Schedule of the United States is amended— (1) in the general subcolumn of the column 1 rate of duty, by inserting on drained weight after 13.4¢/kg ; and (2) in the special subcolumn of the column 1 rate of duty, by inserting on drained weight after 2.6¢/kg and 11.7¢/kg. (b) Effective Date \nThe amendments made by subsection (a) shall be effective for the period beginning on the date of the enactment of this Act and ending on the date on which the specific rate of duty involved is reduced to free.", "id": "HFDBA3118938A4D128227CAEDF515A298", "header": "Modification of calculation of duty imposed on imported cherries that are provisionally preserved" } ]

[ { "text": "1. Federal funding prohibition \n(a) Prohibition \nExcept as provided in subsection (b) or (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced any jobs during the previous five years unless the company of interest— (1) has not outsourced any jobs during the previous two years; and (2) has created in the United States since the company of interest last outsourced any jobs, and continues to maintain in the United States, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years. (b) Agreement to create new jobs \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced jobs during the previous five years only if the company of interest agrees— (1) to create in the United States, not later than 18 months after the company has received the grant, contract, loan guarantee, or other funding, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years, and to maintain such new jobs in the United States for at least 18 months; (2) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the company of interest does not create the new jobs described in paragraph (1); and (3) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount, to be determined by the Federal agency, that is not more than 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the Federal agency finds that the company of interest did not in good faith attempt to maintain for at least 18 months the new jobs that the company of interest created pursuant to the agreement described in paragraph (1). (c) Documentation \nExcept as provided in subsection (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest unless the company of interest has provided documentation to the Federal agency that indicates either that the company has not outsourced jobs during the previous five years or that the company has fulfilled the requirements under subsection (a) or (b). (d) Obligation condition \nAny obligation entered into by a Federal agency to award a grant or contract, make a loan guarantee, or provide any other funding to a company of interest shall include the condition that if the company of interest outsources any jobs after such obligation is entered into and before the company of interest is to receive the grant, contract, loan guarantee, or other funding, the Federal agency shall not award the grant or contract, make the loan guarantee, or provide the other funding. (e) Outsourcing agreement \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest only if the company of interest agrees— (1) not to outsource any jobs within 18 months after the Federal agency awards the grant or contract, makes the loan guarantee, or provides the other funding; and (2) if the company of interest does not satisfy the agreement described in paragraph (1), to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to the total value before the outsourcing of one year’s wages and benefits for each of the jobs outsourced within 18 months after the company of interest receives the grant, contract, loan guarantee, or other funding. (f) National security exception \nThe restrictions and penalties under this section shall not apply if the Federal agency awards a grant or contract, makes a loan guarantee, or provides any other funding, or enters into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, for purposes of national security. (g) Implementation and regulations \nThe Secretary of Commerce shall coordinate the Federal agencies’ implementation of the documentation requirement described in subsection (c). The Secretary of Commerce shall prescribe regulations necessary to carry out this section.", "id": "HEE7C7112A5434F31944B00D18E6500D7", "header": "Federal funding prohibition" }, { "text": "2. Definitions \nFor purposes of this Act: (1) Company of interest \nThe term company of interest means— (A) a corporation or other legal entity organized under the laws of the United States; (B) a subsidiary of a corporation or legal entity described in subparagraph (A); (C) a corporation or other legal entity that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; or (D) a corporation or other legal entity with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (2) New jobs \nThe term new jobs means jobs created by a company of interest such that with respect to each new job the total value of wages and benefits is equal to or greater than the average total value of wages and benefits of the jobs outsourced by the company of interest during the previous five years. (3) Outsource \nThe term outsource means to hire employees to perform services outside the United States when the services previously had been performed in the United States. (4) United States \nThe term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H0A3E75FCC8F0403B937FBABB3D4E4407", "header": "Definitions" }, { "text": "3. Effective date \nThis Act shall take effect one year after the date of its enactment.", "id": "H4F8CB64EA96642D2ABDADD61B12FAB47", "header": "Effective date" } ]

[ { "text": "1. Increase in death gratuity payable with respect to members of the Armed Forces \n(a) Amount of death gratuity \nSection 1478(a) of title 10, United States Code, is amended by striking $12,000 and inserting $50,000. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to deaths occurring on or after September 11, 2001. (c) Offset \nThe Secretary of Defense shall derive funds for amounts payable during fiscal year 2005 by reason of the amendment made by subsection (a) from amounts available for that fiscal year for travel for personnel assigned to, or employed in, the Office of the Secretary of Defense. Amounts for such purpose shall be transferred to the appropriate accounts of the Department of Defense available for such payments, and amounts so transferred shall not be counted for purposes of any limitation on the amount of transfers of Department of Defense funds during that fiscal year.", "id": "HF8274743F29F47EC9B4230F276EE0D3", "header": "Increase in death gratuity payable with respect to members of the Armed Forces" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American History and Civics Education Act of 2004.", "id": "H566ECE16A5CA43B4AEDA2804CB54A5C1", "header": "Short title" }, { "text": "2. Presidential Academies for Teaching of American History and Civics; Congressional Academies for students of American history and civics \n(a) Establishment \nThe Secretary of Education (referred to in this Act as the Secretary ) may award grants, on a competitive basis— (1) to entities to establish Presidential Academies for Teaching of American History and Civics that may offer workshops for both veteran and new teachers of American history and civics; and (2) to entities to establish Congressional Academies for Students of American History and Civics. (b) Application \nAn entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Demonstrated expertise \nThe Secretary shall require that each entity, to be eligible to receive a grant under this section, demonstrate expertise in historical methodology or the teaching of history. (d) Available funds \nIn awarding grants under subsection (a), the Secretary may use any funds available to the Secretary to carry out education programs.", "id": "H8D809F6E1A614F39B0F8F59185AA814E", "header": "Presidential Academies for Teaching of American History and Civics; Congressional Academies for students of American history and civics" }, { "text": "3. National History Day Program \nThe Secretary may award grants to the National History Day Program for the purpose of continuing and expanding its activities to promote the study of history and improve instruction.", "id": "H7B79C5EB7AC24ABAB33CAEA6A360D6BE", "header": "National History Day Program" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Energy Policy Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Energy efficiency Subtitle A—Federal programs Sec. 101. Energy and water saving measures in congressional buildings Sec. 102. Energy management requirements Sec. 103. Energy use measurement and accountability Sec. 104. Procurement of energy efficient products Sec. 105. Energy Savings Performance Contracts Sec. 106. Energy Savings Performance Contracts pilot program for nonbuilding applications Sec. 107. Voluntary commitments to reduce industrial energy intensity Sec. 108. Advanced Building Efficiency Testbed Sec. 109. Federal building performance standards Sec. 110. Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete Subtitle B—Energy assistance and State programs Sec. 121. Low income home energy assistance program Sec. 122. Weatherization assistance Sec. 123. State energy programs Sec. 124. Energy efficient appliance rebate programs Sec. 125. Energy efficient public buildings Sec. 126. Low income community energy efficiency pilot program Subtitle C—Energy efficient products Sec. 131. Energy Star Program Sec. 132. HVAC maintenance consumer education program Sec. 133. Energy conservation standards for additional products Sec. 134. Energy labeling Subtitle D—Public housing Sec. 141. Capacity building for energy-efficient, affordable housing Sec. 142. Increase of cdbg public services cap for energy conservation and efficiency activities Sec. 143. FHA mortgage insurance incentives for energy efficient housing Sec. 144. Public housing capital fund Sec. 145. Grants for energy-conserving improvements for assisted housing Sec. 146. North American Development Bank Sec. 147. Energy-efficient appliances Sec. 148. Energy efficiency standards Sec. 149. Energy strategy for HUD Title II—Renewable energy Subtitle A—General provisions Sec. 201. Assessment of renewable energy resources Sec. 202. Renewable energy production incentive Sec. 203. Federal purchase requirement Sec. 204. Insular areas energy security Sec. 205. Use of photovoltaic energy in public buildings Sec. 206. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes Sec. 207. Biobased products Subtitle B—Geothermal energy Sec. 211. Short title Sec. 212. Competitive lease sale requirements Sec. 213. Direct use Sec. 214. Royalties and near-term production incentives Sec. 215. Geothermal leasing and permitting on Federal lands Sec. 216. Review and report to Congress Sec. 217. Reimbursement for costs of NEPA analyses, documentation, and studies Sec. 218. Assessment of Geothermal energy potential Sec. 219. Cooperative or Unit plans Sec. 220. Royalty on byproducts Sec. 221. Repeal of authorities of Secretary to readjust terms, conditions, rentals, and royalties Sec. 222. Crediting of rental toward royalty Sec. 223. Lease duration and work commitment requirements Sec. 224. Advanced royalties required for suspension of production Sec. 225. Annual rental Sec. 226. Leasing and permitting on Federal lands withdrawn for military purposes Sec. 227. Technical amendments Subtitle C—Hydroelectric Part I—Alternative conditions Sec. 231. Alternative conditions and fishways Part II—Additional hydropower Sec. 241. Hydroelectric production incentives Sec. 242. Hydroelectric efficiency improvement Sec. 243. Small hydroelectric power projects Sec. 244. Increased hydroelectric generation at existing Federal facilities Sec. 245. Shift of project loads to off-peak periods Sec. 246. Corps of Engineers hydropower operation and maintenance funding Sec. 247. Limitation on certain charges assessed to the flint creek project, Montana Sec. 248. Reinstatement and transfer Title III—Oil and gas Subtitle A—Petroleum Reserve and home heating oil Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and other energy programs Sec. 302. National Oilheat Research Alliance Subtitle B—Production incentives Sec. 311. Definition of Secretary Sec. 312. Program on oil and gas royalties in-kind Sec. 313. Marginal property production incentives Sec. 314. Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico Sec. 315. Royalty Relief for deep water production Sec. 316. Alaska offshore royalty suspension Sec. 317. Oil and gas leasing in the National Petroleum Reserve in Alaska Sec. 318. Orphaned, abandoned, or idled wells on Federal land Sec. 319. Combined hydrocarbon leasing Sec. 320. Liquified natural gas Sec. 321. Alternate energy-related uses on the outer Continental Shelf Sec. 322. Preservation of geological and geophysical data Sec. 323. Oil and gas lease acreage limitations Sec. 324. Assessment of dependence of State of Hawaii on oil Sec. 325. Deadline for decision on appeals of consistency determination under the Coastal Zone Management Act of 1972 Sec. 326. Reimbursement for costs of NEPA analyses, documentation, and studies Sec. 327. Hydraulic fracturing Sec. 328. Oil and gas exploration and production defined Sec. 329. Outer Continental Shelf provisions Sec. 330. Appeals relating to pipeline construction or offshore mineral development projects Sec. 331. Bilateral international oil supply agreements Sec. 332. Natural gas market reform Sec. 333. Natural gas market transparency Subtitle C—Access to Federal land Sec. 341. Office of Federal Energy Project Coordination Sec. 342. Federal onshore oil and gas leasing and permitting practices Sec. 343. Management of Federal oil and gas leasing programs Sec. 344. Consultation regarding oil and gas leasing on public land Sec. 345. Estimates of oil and gas resources underlying onshore Federal land Sec. 346. Compliance with executive order 13211; actions concerning regulations that significantly affect energy supply, distribution, or use Sec. 347. Pilot Project to improve Federal permit coordination Sec. 348. Deadline for consideration of applications for permits Sec. 349. Clarification of fair market rental value determinations for public land and Forest Service rights-of-way Sec. 350. Energy facility rights-of-way and corridors on Federal land Sec. 351. Consultation regarding energy rights-of-way on public land Sec. 352. Renewable energy on Federal land Sec. 353. Electricity transmission line right-of-way, cleveland national forest and adjacent public land, California Sec. 354. Sense of Congress regarding development of MINERALS under Padre Island National Seashore Sec. 355. Encouraging prohibition of off-shore Drilling in the Great Lakes Sec. 356. Finger Lakes National Forest withdrawal Sec. 357. Study on lease exchanges in the rocky mountain front Sec. 358. Federal coalbed methane regulation Sec. 359. Livingston parish mineral rights transfer Subtitle D—Alaska Natural Gas Pipeline Sec. 371. Short title Sec. 372. Definitions Sec. 373. Issuance of certificate of public convenience and necessity Sec. 374. Environmental reviews Sec. 375. Pipeline expansion Sec. 376. Federal Coordinator Sec. 377. Judicial review Sec. 378. State jurisdiction over in-State delivery of natural gas Sec. 379. Study of alternative means of construction Sec. 380. Clarification of angta status and authorities Sec. 381. Sense of Congress concerning use of steel manufactured in North America negotiation of a project labor Agreement Sec. 382. Sense of Congress and study concerning participation by small business concerns Sec. 383. Alaska pipeline construction training Program Sec. 384. Sense of Congress concerning natural gas demand Sec. 385. Sense of Congress concerning Alaskan ownership Sec. 386. Loan guarantees Title IV—Coal Subtitle A—Clean Coal Power Initiative Sec. 401. Authorization of appropriations Sec. 402. Project criteria Sec. 403. Report Sec. 404. Clean coal centers of excellence Subtitle B—Clean Power Projects Sec. 411. Coal technology loan Sec. 412. Coal gasification Sec. 413. Integrated gasification combined cycle technology Sec. 414. Petroleum coke gasification Sec. 415. Integrated coal/renewable energy system Sec. 416. Electron scrubbing demonstration Subtitle C—Federal Coal Leases Sec. 421. Repeal of the 160-acre limitation for coal leases Sec. 422. Mining plans Sec. 423. Payment of advance royalties under coal leases Sec. 424. Elimination of deadline for submission of coal lease operation and reclamation plan Sec. 425. Amendment relating to financial assurances with respect to bonus bids Sec. 426. Inventory requirement Sec. 427. Application of amendments Subtitle D—Coal and related programs Sec. 441. Clean air coal program Title V—Indian energy Sec. 501. Short title Sec. 502. Office of Indian Energy Policy and Programs Sec. 503. Indian energy Sec. 504. Four corners transmission line project Sec. 505. Energy efficiency in federally assisted housing Sec. 506. Consultation with Indian tribes Title VI—Nuclear matters Subtitle A—Price-Anderson Act Amendments Sec. 601. Short title Sec. 602. Extension of indemnification authority Sec. 603. Maximum assessment Sec. 604. Department of energy liability limit Sec. 605. Incidents outside the United States Sec. 606. Reports Sec. 607. Inflation adjustment Sec. 608. Treatment of modular reactors Sec. 609. Applicability Sec. 610. Prohibition on assumption by United States government of liability for certain foreign incidents Sec. 611. Civil penalties Subtitle B—General Nuclear Matters Sec. 621. Licenses Sec. 622. NRC training program Sec. 623. Cost recovery from government agencies Sec. 624. Elimination of pension offset Sec. 625. Antitrust review Sec. 626. Decommissioning Sec. 627. Limitation on legal fee reimbursement Sec. 628. Decommissioning pilot program Sec. 629. Report on feasibility of developing commercial nuclear energy generation facilities at existing Department of Energy sites Sec. 630. Uranium sales Sec. 631. Cooperative research and development and special demonstration projects for the uranium mining industry Sec. 632. Whistleblower protection Sec. 633. Medical isotope production Sec. 634. Fernald byproduct material Sec. 635. Safe disposal of greater-than-class c radioactive waste Sec. 636. Prohibition on nuclear exports to countries that sponsor terrorism Sec. 637. Uranium enrichment facilities Sec. 638. National uranium stockpile Subtitle C—Advanced Reactor Hydrogen Cogeneration Project Sec. 651. Project establishment Sec. 652. Project definition Sec. 653. Project management Sec. 654. Project requirements Sec. 655. Authorization of appropriations Subtitle D—Nuclear Security Sec. 661. Nuclear facility threats Sec. 662. Fingerprinting for criminal history record checks Sec. 663. Use of firearms by security personnel of licensees and certificate holders of the commission Sec. 664. Unauthorized introduction of dangerous weapons Sec. 665. Sabotage of nuclear facilities or fuel Sec. 666. Secure transfer of nuclear materials Sec. 667. Department of homeland security consultation Sec. 668. Authorization of appropriations Title VII—Vehicles and fuels Subtitle A—Existing programs Sec. 701. Use of alternative fuels by dual-fueled vehicles Sec. 702. Neighborhood electric vehicles Sec. 703. Credits for medium and heavy duty dedicated vehicles Sec. 704. Incremental cost allocation Sec. 705. Alternative compliance and flexibility Sec. 706. Review of Energy Policy Act of 1992 programs Sec. 707. Report concerning compliance with alternative fueled vehicle purchasing requirements Subtitle B—Hybrid vehicles, advanced vehicles, and fuel cell buses Part I—Hybrid vehicles Sec. 711. Hybrid vehicles Part II—Advanced vehicles Sec. 721. Definitions Sec. 722. Pilot program Sec. 723. Reports to Congress Sec. 724. Authorization of appropriations Part III—Fuel cell buses Sec. 731. Fuel cell transit bus demonstration Subtitle C—Clean school buses Sec. 741. Definitions Sec. 742. Program for replacement of certain school buses with clean school buses Sec. 743. Diesel retrofit program Sec. 744. Fuel cell school buses Subtitle D—Miscellaneous Sec. 751. Railroad efficiency Sec. 752. Mobile emission reductions trading and crediting Sec. 753. Aviation fuel conservation and emissions Sec. 754. Diesel fueled vehicles Sec. 755. Conserve by Bicycling Program Sec. 756. Reduction of engine idling of heavy-duty vehicles Sec. 757. Biodiesel engine testing program Sec. 758. High occupancy vehicle exception Subtitle E—Automobile efficiency Sec. 771. Authorization of appropriations for implementation and enforcement of fuel economy standards Sec. 772. Revised considerations for decisions on maximum feasible average fuel economy Sec. 773. Extension of maximum fuel economy increase for alternative fueled vehicles Sec. 774. Study of feasibility and effects of reducing use of fuel for automobiles Title VIII—Hydrogen Sec. 801. Definitions Sec. 802. Plan Sec. 803. Programs Sec. 804. Interagency task force Sec. 805. Advisory Committee Sec. 806. External review Sec. 807. Miscellaneous provisions Sec. 808. Savings clause Sec. 809. Authorization of appropriations Title IX—Research and Development Sec. 901. Goals Sec. 902. Definitions Subtitle A—Energy Efficiency Sec. 904. Energy efficiency Sec. 905. Next generation lighting initiative Sec. 906. National building performance initiative Sec. 907. Secondary electric vehicle battery use program Sec. 908. Energy efficiency science initiative Sec. 909. Electric motor control technology Sec. 910. Advanced energy technology transfer centers Subtitle B—Distributed Energy and Electric Energy Systems Sec. 911. Distributed energy and electric energy systems Sec. 912. Hybrid distributed power systems Sec. 913. High power density industry program Sec. 914. Micro-cogeneration energy technology Sec. 915. Distributed energy technology demonstration program Sec. 916. Reciprocating power Subtitle C—Renewable energy Sec. 918. Renewable energy Sec. 919. Bioenergy programs Sec. 920. Concentrating solar power research and development Program Sec. 921. Miscellaneous projects Sec. 922. Renewable energy in public buildings Sec. 923. Study of marine renewable energy options Subtitle D—Nuclear energy Sec. 924. Nuclear energy Sec. 925. Nuclear energy research and development programs Sec. 926. Advanced fuel cycle Initiative Sec. 927. University nuclear science and engineering support Sec. 928. Security of reactor designs Sec. 929. Alternatives to industrial radioactive sources Sec. 930. Geological isolation of spent fuel Subtitle E—Fossil energy Part I—Research programs Sec. 931. Fossil energy Sec. 932. Oil and gas research programs Sec. 933. Technology transfer Sec. 934. Research and development for coal mining technologies Sec. 935. Coal and related technologies Program Sec. 936. Complex Well Technology Testing Facility Sec. 937. Fischer-Tropsch diesel fuel loan guarantee Program Part II—Ultra-deepwater and unconventional natural gas and other petroleum resources Sec. 941. Program authority Sec. 942. Ultra-deepwater Program Sec. 943. Unconventional natural gas and other petroleum resources Program Sec. 944. Additional requirements for awards Sec. 945. Advisory committees Sec. 946. Limits on participation Sec. 947. Sunset Sec. 948. Definitions Sec. 949. Funding Subtitle F—Science Sec. 951. Science Sec. 952. United States participation in ITER Sec. 953. Plan for Fusion Energy Sciences Program Sec. 954. Spallation Neutron Source Sec. 955. Support for science and energy facilities and infrastructure Sec. 956. Catalysis Research and development Program Sec. 957. Nanoscale Science and Engineering Research, development, demonstration, and commercial application Sec. 958. Advanced scientific computing for energy missions Sec. 959. Genomes to Life Program Sec. 960. Fission and fusion energy materials research Program Sec. 961. Energy-Water Supply Program Sec. 962. Nitrogen fixation Subtitle G—Energy and environment Sec. 964. United States-Mexico energy Technology cooperation Sec. 965. Western Hemisphere energy cooperation Sec. 966. Waste reduction and use of alternatives Sec. 967. Report on fuel cell test Center Sec. 968. Arctic Engineering Research Center Sec. 969. Barrow Geophysical Research Facility Sec. 970. Western Michigan demonstration project Subtitle H—Management Sec. 971. Availability of funds Sec. 972. Cost sharing Sec. 973. Merit review of proposals Sec. 974. External technical review of departmental programs Sec. 975. Improved coordination of Technology transfer activities Sec. 976. Federal laboratory educational partners Sec. 977. Interagency cooperation Sec. 978. Technology Infrastructure Program Sec. 979. Reprogramming Sec. 980. Construction with other laws Sec. 981. Report on research and development Program evaluation methodologies Sec. 982. Department of Energy Science and Technology Scholarship Program Sec. 983. Report on equal employment opportunity practices Sec. 984. Small business advocacy and assistance Sec. 985. Report on mobility of scientific and technical personnel Sec. 986. National Academy of Sciences report Sec. 987. Outreach Sec. 988. Competitive award of management contracts Sec. 989. Educational programs in science and mathematics Title X—Department of energy management Sec. 1001. Additional Assistant Secretary position Sec. 1002. Other transactions authority Title XI—Personnel and training Sec. 1101. Training guidelines for electric energy industry personnel Sec. 1102. Improved access to energy-related scientific and technical careers Sec. 1103. National Power Plant Operations Technology and Education Center Sec. 1104. International energy training Title XII—Electricity Sec. 1201. Short title Subtitle A—Reliability standards Sec. 1211. Electric reliability standards Subtitle B—Transmission infrastructure modernization Sec. 1221. Siting of interstate electric transmission facilities Sec. 1222. Third-party finance Sec. 1223. Transmission system monitoring Sec. 1224. Advanced transmission technologies Sec. 1225. Electric transmission and distribution programs Sec. 1226. Advanced Power System Technology Incentive Program Sec. 1227. Office of Electric Transmission and Distribution Subtitle C—Transmission operation improvements Sec. 1231. Open nondiscriminatory access Sec. 1232. Sense of Congress on Regional Transmission Organizations Sec. 1233. Regional Transmission Organization applications progress report Sec. 1234. Federal utility participation in Regional Transmission Organizations Sec. 1235. Standard market design Sec. 1236. Native load service obligation Sec. 1237. Study on the benefits of economic dispatch Subtitle D—Transmission rate reform Sec. 1241. Transmission infrastructure investment Sec. 1242. Voluntary transmission pricing plans Subtitle E—Amendments to PURPA Sec. 1251. Net metering and additional standards Sec. 1252. Smart metering Sec. 1253. Cogeneration and small power production purchase and sale requirements Subtitle F—Repeal of PUHCA Sec. 1261. Short title Sec. 1262. Definitions Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935 Sec. 1264. Federal access to books and records Sec. 1265. State access to books and records Sec. 1266. Exemption authority Sec. 1267. Affiliate transactions Sec. 1268. Applicability Sec. 1269. Effect on other regulations Sec. 1270. Enforcement Sec. 1271. Savings provisions Sec. 1272. Implementation Sec. 1273. Transfer of resources Sec. 1274. Effective date Sec. 1275. Service allocation Sec. 1276. Authorization of appropriations Sec. 1277. Conforming amendments to the Federal Power Act Subtitle G—Market transparency, enforcement, and consumer protection Sec. 1281. Market transparency rules Sec. 1282. Market manipulation Sec. 1283. Enforcement Sec. 1284. Refund effective date Sec. 1285. Refund authority Sec. 1286. Sanctity of contract Sec. 1287. Consumer privacy and unfair trade practices Subtitle H—Merger reform Sec. 1291. Merger review reform and accountability Sec. 1292. Electric utility mergers Subtitle I—Definitions Sec. 1295. Definitions Subtitle J—Technical and conforming amendments Sec. 1297. Conforming amendments Title XIII—Energy tax incentives Sec. 1300. Short title; amendment of 1986 Code Subtitle A—Conservation Part I—Residential and business property Sec. 1301. Credit for residential energy efficient property Sec. 1302. Extension and expansion of credit for electricity produced from certain renewable resources Sec. 1303. Credit for business installation of qualified fuel cells Sec. 1304. Credit for energy efficiency improvements to existing homes Sec. 1305. Credit for construction of new energy efficient homes Sec. 1306. Energy credit for combined heat and power system property Sec. 1307. Credit for energy efficient appliances Sec. 1308. Energy efficient commercial buildings deduction Sec. 1309. Three-year applicable recovery period for depreciation of qualified energy management devices Sec. 1310. Credit for production from advanced nuclear power facilities Part II—Fuels and alternative motor vehicles Sec. 1311. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general Fund Sec. 1312. Reduced motor fuel excise tax on certain mixtures of diesel fuel Sec. 1313. Small ethanol producer credit Sec. 1314. Incentives for biodiesel Sec. 1315. Alcohol fuel and biodiesel mixtures excise tax credit Sec. 1316. Nonapplication of export exemption to delivery of fuel to motor vehicles removed from United States Sec. 1317. Repeal of phaseouts for qualified electric vehicle credit and deduction for clean fuel-vehicles Sec. 1318. Alternative motor vehicle credit Sec. 1319. Modifications of deduction for certain refueling property Subtitle B—Reliability Sec. 1321. Natural gas gathering lines treated as 7-YEAR property Sec. 1322. Natural gas distribution lines treated as 15-year property Sec. 1323. Electric transmission property treated as 15-year property Sec. 1324. Expensing of capital costs incurred in complying with Environmental Protection Agency sulfur regulations Sec. 1325. Credit for production of low sulfur diesel fuel Sec. 1326. Determination of small refiner exception to oil depletion deduction Sec. 1327. Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy Sec. 1328. Modifications to special rules for nuclear decommissioning costs Sec. 1329. Treatment of certain income of cooperatives Sec. 1330. Arbitrage rules not to apply to prepayments for natural gas Subtitle C—Production Part I—Oil and gas provisions Sec. 1341. Oil and gas from marginal wells Sec. 1342. Temporary suspension of limitation based on 65 percent of taxable income and extension of suspension of taxable income limit with respect to marginal production Sec. 1343. Amortization of delay rental payments Sec. 1344. Amortization of geological and geophysical expenditures Sec. 1345. Extension and modification of credit for producing fuel from a nonconventional source Part II—Alternative minimum tax provisions Sec. 1346. New nonrefundable personal credits allowed against regular and minimum taxes Sec. 1347. Business related energy credits allowed against regular and minimum tax Sec. 1348. Temporary repeal of alternative minimum tax preference for intangible drilling costs Part III—Clean coal incentives Sec. 1351. Credit for clean coal technology units Sec. 1352. Expansion of amortization for certain pollution control facilities Sec. 1353. 5-year recovery period for eligible integrated gasification combined cycle technology unit eligible for credit Part IV—High volume natural gas provisions Sec. 1355. High volume natural gas pipe treated as 7-year property Sec. 1356. Extension of enhanced oil recovery credit to high volume natural gas facilities Subtitle D—Additional provisions Sec. 1361. Extension of accelerated depreciation benefit for energy-related businesses on indian reservations Sec. 1362. Payment of dividends on stock of cooperatives without reducing patronage dividends Sec. 1363. Distributions from publicly traded partnerships treated as qualifying income of regulated investment companies Sec. 1364. Ceiling fans Sec. 1365. Certain steam generators, and certain reactor vessel heads, used in nuclear facilities Sec. 1366. Brownfields demonstration program for qualified green building and sustainable design projects Title XIV—Miscellaneous Subtitle A—Rural and Remote Electricity Construction Sec. 1401. Denali Commission programs Sec. 1402. Rural and remote community assistance Subtitle B—Coastal programs Sec. 1411. Royalty payments under leases under the Outer Continental Shelf Lands Act Sec. 1412. Domestic offshore energy reinvestment Subtitle C—Reforms to the Board of Directors of the Tennessee Valley Authority Sec. 1431. Change in composition, operation, and duties of the Board of Directors of the Tennessee Valley Authority Sec. 1432. Change in manner of appointment of staff Sec. 1433. Conforming amendments Sec. 1434. Appointments; effective date; transition Subtitle D—Other provisions Sec. 1441. Continuation of transmission security order Sec. 1442. Review of agency determinations Sec. 1443. Attainment dates for downwind ozone nonattainment areas Sec. 1444. Energy production incentives Sec. 1445. Use of granular mine tailings Title XV—Ethanol and motor fuels Subtitle A—General provisions Sec. 1501. Renewable content of motor vehicle fuel Sec. 1502. Fuels safe harbor Sec. 1503. Findings and MTBE transition assistance Sec. 1504. Use of MTBE Sec. 1505. National Academy of Sciences review and presidential determination Sec. 1506. Elimination of oxygen content requirement for reformulated gasoline Sec. 1507. Analyses of motor vehicle fuel changes Sec. 1508. Data collection Sec. 1509. Reducing the proliferation of State fuel controls Sec. 1510. Fuel system requirements harmonization study Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program Sec. 1512. Resource Center Sec. 1513. Cellulosic biomass and waste-derived ethanol conversion assistance Sec. 1514. Blending of compliant reformulated gasolines Subtitle B—Underground storage tank compliance Sec. 1521. Short title Sec. 1522. Leaking underground storage tanks Sec. 1523. Inspection of underground storage tanks Sec. 1524. Operator training Sec. 1525. Remediation from oxygenated fuel additives Sec. 1526. Release prevention, compliance, and enforcement Sec. 1527. Delivery prohibition Sec. 1528. Federal facilities Sec. 1529. Tanks on Tribal lands Sec. 1530. Future release containment technology Sec. 1531. Authorization of appropriations Sec. 1532. Conforming amendments Sec. 1533. Technical amendments Title XVI—Studies Sec. 1601. Study on inventory of petroleum and natural gas storage Sec. 1602. Natural gas supply shortage report Sec. 1603. Split-estate Federal oil and gas leasing and development practices Sec. 1604. Resolution of Federal resource development conflicts in the Powder River Basin Sec. 1605. Study of energy efficiency standards Sec. 1606. Telecommuting study Sec. 1607. Liheap report Sec. 1608. Oil bypass filtration technology Sec. 1609. Total integrated thermal systems Sec. 1610. University collaboration Sec. 1611. Reliability and consumer protection assessment", "id": "H7FDE663AE87C4976A8F485EDB3EC18FC", "header": "Short title; table of contents" }, { "text": "101. Energy and water saving measures in congressional buildings \n(a) In general \nPart 3 of title V of the National Energy Conservation Policy Act ( 42 U.S.C. 8251 et seq. ) is amended by adding at the end the following: 552. Energy and water savings measures in congressional buildings \n(a) In general \nThe Architect of the Capitol— (1) shall develop, update, and implement a cost-effective energy conservation and management plan (referred to in this section as the plan ) for all facilities administered by Congress (referred to in this section as congressional buildings ) to meet the energy performance requirements for Federal buildings established under section 543(a)(1); and (2) shall submit the plan to Congress, not later than 180 days after the date of enactment of this section. (b) Plan requirements \nThe plan shall include— (1) a description of the life cycle cost analysis used to determine the cost-effectiveness of proposed energy efficiency projects; (2) a schedule of energy surveys to ensure complete surveys of all congressional buildings every 5 years to determine the cost and payback period of energy and water conservation measures; (3) a strategy for installation of life cycle cost-effective energy and water conservation measures; (4) the results of a study of the costs and benefits of installation of submetering in congressional buildings; and (5) information packages and how-to guides for each Member and employing authority of Congress that detail simple, cost-effective methods to save energy and taxpayer dollars in the workplace. (c) Annual report \nThe Architect of the Capitol shall submit to Congress annually a report on congressional energy management and conservation programs required under this section that describes in detail— (1) energy expenditures and savings estimates for each facility; (2) energy management and conservation projects; and (3) future priorities to ensure compliance with this section.. (b) Table of contents amendment \nThe table of contents of the National Energy Conservation Policy Act is amended by adding at the end of the items relating to part 3 of title V the following new item: Sec. 552. Energy and water savings measures in congressional buildings. (c) Repeal \nSection 310 of the Legislative Branch Appropriations Act, 1999 ( 2 U.S.C. 1815 ), is repealed. (d) Energy infrastructure \nThe Architect of the Capitol, building on the Master Plan Study completed in July 2000, shall commission a study to evaluate the energy infrastructure of the Capital Complex to determine how the infrastructure could be augmented to become more energy efficient, using unconventional and renewable energy resources, in a way that would enable the Complex to have reliable utility service in the event of power fluctuations, shortages, or outages. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Architect of the Capitol to carry out subsection (d), $2,000,000 for each of fiscal years 2004 through 2008.", "id": "H2B3C9214F18E4912A1F9373D10E556E4", "header": "Energy and water saving measures in congressional buildings" }, { "text": "552. Energy and water savings measures in congressional buildings \n(a) In general \nThe Architect of the Capitol— (1) shall develop, update, and implement a cost-effective energy conservation and management plan (referred to in this section as the plan ) for all facilities administered by Congress (referred to in this section as congressional buildings ) to meet the energy performance requirements for Federal buildings established under section 543(a)(1); and (2) shall submit the plan to Congress, not later than 180 days after the date of enactment of this section. (b) Plan requirements \nThe plan shall include— (1) a description of the life cycle cost analysis used to determine the cost-effectiveness of proposed energy efficiency projects; (2) a schedule of energy surveys to ensure complete surveys of all congressional buildings every 5 years to determine the cost and payback period of energy and water conservation measures; (3) a strategy for installation of life cycle cost-effective energy and water conservation measures; (4) the results of a study of the costs and benefits of installation of submetering in congressional buildings; and (5) information packages and how-to guides for each Member and employing authority of Congress that detail simple, cost-effective methods to save energy and taxpayer dollars in the workplace. (c) Annual report \nThe Architect of the Capitol shall submit to Congress annually a report on congressional energy management and conservation programs required under this section that describes in detail— (1) energy expenditures and savings estimates for each facility; (2) energy management and conservation projects; and (3) future priorities to ensure compliance with this section.", "id": "H72C291BE9F8C41B59B8E365C32F78B59", "header": "Energy and water savings measures in congressional buildings" }, { "text": "102. Energy management requirements \n(a) Energy reduction goals \n(1) Amendment \nSection 543(a)(1) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a)(1) ) is amended by striking its Federal buildings so that and all that follows through the end and inserting the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2004 through 2013 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2001, by the percentage specified in the following table: Fiscal Year Percentage reduction 2004 2 2005 4 2006 6 2007 8 2008 10 2009 12 2010 14 2011 16 2012 18 2013 20.. (2) Reporting baseline \nThe energy reduction goals and baseline established in paragraph (1) of section 543(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a)(1) ), as amended by this subsection, supersede all previous goals and baselines under such paragraph, and related reporting requirements. (b) Review and revision of energy performance requirement \nSection 543(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) ) is further amended by adding at the end the following: (3) Not later than December 31, 2012, the Secretary shall review the results of the implementation of the energy performance requirement established under paragraph (1) and submit to Congress recommendations concerning energy performance requirements for fiscal years 2014 through 2023.. (c) Exclusions \nSection 543(c)(1) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(c)(1) ) is amended by striking An agency may exclude and all that follows through the end and inserting (A) An agency may exclude, from the energy performance requirement for a fiscal year established under subsection (a) and the energy management requirement established under subsection (b), any Federal building or collection of Federal buildings, if the head of the agency finds that— (i) compliance with those requirements would be impracticable; (ii) the agency has completed and submitted all federally required energy management reports; (iii) the agency has achieved compliance with the energy efficiency requirements of this Act, the Energy Policy Act of 1992, Executive orders, and other Federal law; and (iv) the agency has implemented all practicable, life cycle cost-effective projects with respect to the Federal building or collection of Federal buildings to be excluded. (B) A finding of impracticability under subparagraph (A)(i) shall be based on— (i) the energy intensiveness of activities carried out in the Federal building or collection of Federal buildings; or (ii) the fact that the Federal building or collection of Federal buildings is used in the performance of a national security function.. (d) Review by Secretary \nSection 543(c)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(c)(2) ) is amended— (1) by striking impracticability standards and inserting standards for exclusion ; (2) by striking a finding of impracticability and inserting the exclusion ; and (3) by striking energy consumption requirements and inserting requirements of subsections (a) and (b)(1). (e) Criteria \nSection 543(c) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(c) ) is further amended by adding at the end the following: (3) Not later than 180 days after the date of enactment of this paragraph, the Secretary shall issue guidelines that establish criteria for exclusions under paragraph (1).. (f) Retention of energy and water savings \nSection 546 of the National Energy Conservation Policy Act ( 42 U.S.C. 8256 ) is amended by adding at the end the following new subsection: (e) Retention of energy and water savings \nAn agency may retain any funds appropriated to that agency for energy expenditures, water expenditures, or wastewater treatment expenditures, at buildings subject to the requirements of section 543(a) and (b), that are not made because of energy savings or water savings. Except as otherwise provided by law, such funds may be used only for energy efficiency, water conservation, or unconventional and renewable energy resources projects.. (g) Reports \nSection 548(b) of the National Energy Conservation Policy Act ( 42 U.S.C. 8258(b) ) is amended— (1) in the subsection heading, by inserting the President and before Congress ; and (2) by inserting President and before Congress. (h) Conforming amendment \nSection 550(d) of the National Energy Conservation Policy Act ( 42 U.S.C. 8258b(d) ) is amended in the second sentence by striking the 20 percent reduction goal established under section 543(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) ). and inserting each of the energy reduction goals established under section 543(a)..", "id": "H7BACF6B9227847E1A84F687833B34CAA", "header": "Energy management requirements" }, { "text": "103. Energy use measurement and accountability \nSection 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is further amended by adding at the end the following: (e) Metering of energy use \n(1) Deadline \nBy October 1, 2010, in accordance with guidelines established by the Secretary under paragraph (2), all Federal buildings shall, for the purposes of efficient use of energy and reduction in the cost of electricity used in such buildings, be metered or submetered. Each agency shall use, to the maximum extent practicable, advanced meters or advanced metering devices that provide data at least daily and that measure at least hourly consumption of electricity in the Federal buildings of the agency. Such data shall be incorporated into existing Federal energy tracking systems and made available to Federal facility energy managers. (2) Guidelines \n(A) In general \nNot later than 180 days after the date of enactment of this subsection, the Secretary, in consultation with the Department of Defense, the General Services Administration, representatives from the metering industry, utility industry, energy services industry, energy efficiency industry, energy efficiency advocacy organizations, national laboratories, universities, and Federal facility energy managers, shall establish guidelines for agencies to carry out paragraph (1). (B) Requirements for guidelines \nThe guidelines shall— (i) take into consideration— (I) the cost of metering and submetering and the reduced cost of operation and maintenance expected to result from metering and submetering; (II) the extent to which metering and submetering are expected to result in increased potential for energy management, increased potential for energy savings and energy efficiency improvement, and cost and energy savings due to utility contract aggregation; and (III) the measurement and verification protocols of the Department of Energy; (ii) include recommendations concerning the amount of funds and the number of trained personnel necessary to gather and use the metering information to track and reduce energy use; (iii) establish priorities for types and locations of buildings to be metered and submetered based on cost-effectiveness and a schedule of 1 or more dates, not later than 1 year after the date of issuance of the guidelines, on which the requirements specified in paragraph (1) shall take effect; and (iv) establish exclusions from the requirements specified in paragraph (1) based on the de minimis quantity of energy use of a Federal building, industrial process, or structure. (3) Plan \nNot later than 6 months after the date guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing how the agency will implement the requirements of paragraph (1), including (A) how the agency will designate personnel primarily responsible for achieving the requirements and (B) demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices, as defined in paragraph (1), are not practicable..", "id": "H17CEB19579654D20B0EAA5944C006E18", "header": "Energy use measurement and accountability" }, { "text": "104. Procurement of energy efficient products \n(a) Requirements \nPart 3 of title V of the National Energy Conservation Policy Act ( 42 U.S.C. 8251 et seq. ), as amended by section 101, is amended by adding at the end the following: 553. Federal procurement of energy efficient products \n(a) Definitions \nIn this section: (1) Energy Star product \nThe term Energy Star product means a product that is rated for energy efficiency under an Energy Star program. (2) Energy Star Program \nThe term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act. (3) Executive Agency \nThe term executive agency has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ). (4) FEMP designated product \nThe term FEMP designated product means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency. (b) Procurement of energy efficient products \n(1) Requirement \nTo meet the requirements of an executive agency for an energy consuming product, the head of the executive agency shall, except as provided in paragraph (2), procure— (A) an Energy Star product; or (B) a FEMP designated product. (2) Exceptions \nThe head of an executive agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the executive agency finds in writing that— (A) an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or (B) no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the executive agency. (3) Procurement planning \nThe head of an executive agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products. (c) Listing of energy efficient products in Federal catalogs \nEnergy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration or the Defense Logistics Agency shall supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer’s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account. (d) Specific products \n(1) In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after the date of the enactment of this section, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups. (2) All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be— (A) determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life; (B) determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and (C) shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system. Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive. (e) Regulations \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue guidelines to carry out this section.. (b) Conforming amendment \nThe table of contents of the National Energy Conservation Policy Act is further amended by inserting after the item relating to section 552 the following new item: Sec. 553. Federal procurement of energy efficient products.", "id": "H81E52E94022A41EBBD816B620050446B", "header": "Procurement of energy efficient products" }, { "text": "553. Federal procurement of energy efficient products \n(a) Definitions \nIn this section: (1) Energy Star product \nThe term Energy Star product means a product that is rated for energy efficiency under an Energy Star program. (2) Energy Star Program \nThe term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act. (3) Executive Agency \nThe term executive agency has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ). (4) FEMP designated product \nThe term FEMP designated product means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency. (b) Procurement of energy efficient products \n(1) Requirement \nTo meet the requirements of an executive agency for an energy consuming product, the head of the executive agency shall, except as provided in paragraph (2), procure— (A) an Energy Star product; or (B) a FEMP designated product. (2) Exceptions \nThe head of an executive agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the executive agency finds in writing that— (A) an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or (B) no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the executive agency. (3) Procurement planning \nThe head of an executive agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products. (c) Listing of energy efficient products in Federal catalogs \nEnergy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration or the Defense Logistics Agency shall supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer’s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account. (d) Specific products \n(1) In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after the date of the enactment of this section, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups. (2) All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be— (A) determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life; (B) determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and (C) shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system. Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive. (e) Regulations \nNot later than 180 days after the date of the enactment of this section, the Secretary shall issue guidelines to carry out this section.", "id": "H0C9635950FB54BC5AFFAEBFB45A48F61", "header": "Federal procurement of energy efficient products" }, { "text": "105. Energy Savings Performance Contracts \n(a) Permanent extension \nEffective September 30, 2003, section 801(c) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(c) ) is repealed. (b) Payment of costs \nSection 802 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287a ) is amended by inserting , water, or wastewater treatment after payment of energy. (c) Energy savings \nSection 804(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(2) ) is amended to read as follows: (2) The term energy savings means a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing federally owned building or buildings or other federally owned facilities as a result of— (A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; (B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities; or (C) the increased efficient use of existing water sources in either interior or exterior applications.. (d) Energy savings contract \nSection 804(3) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(3) ) is amended to read as follows: (3) The terms energy savings contract and energy savings performance contract mean a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an identified energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency facility that is a public building (as such term is defined in section 3301 of title 40, United States Code), be in compliance with the prospectus requirements and procedures of section 3307 of title 40, United States Code.. (e) Energy or water conservation measure \nSection 804(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(4) ) is amended to read as follows: (4) The term energy or water conservation measure means— (A) an energy conservation measure, as defined in section 551; or (B) a water conservation measure that improves the efficiency of water use, is life-cycle cost-effective, and involves water conservation, water recycling or reuse, more efficient treatment of wastewater or stormwater, improvements in operation or maintenance efficiencies, retrofit activities, or other related activities, not at a Federal hydroelectric facility.. (f) Review \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall complete a review of the Energy Savings Performance Contract program to identify statutory, regulatory, and administrative obstacles that prevent Federal agencies from fully utilizing the program. In addition, this review shall identify all areas for increasing program flexibility and effectiveness, including audit and measurement verification requirements, accounting for energy use in determining savings, contracting requirements, including the identification of additional qualified contractors, and energy efficiency services covered. The Secretary shall report these findings to Congress and shall implement identified administrative and regulatory changes to increase program flexibility and effectiveness to the extent that such changes are consistent with statutory authority. (g) Extension of authority \nAny energy savings performance contract entered into under section 801 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ) after October 1, 2003, and before the date of enactment of this Act, shall be deemed to have been entered into pursuant to such section 801 as amended by subsection (a) of this section.", "id": "H1A40F61A65B4457BAA36931868D7D5B", "header": "Energy Savings Performance Contracts" }, { "text": "106. Energy Savings Performance Contracts pilot program for nonbuilding applications \n(a) In general \nThe Secretary of Defense and the heads of other interested Federal agencies are authorized to enter into up to 10 energy savings performance contracts using procedures, established under subsection (b), based on the procedures under title VIII of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 et seq. ), for the purpose of achieving energy or water savings, secondary savings, and benefits incidental to those purposes, in nonbuilding applications. The payments to be made by the Federal Government under such contracts shall not exceed a total of $200,000,000 for all such contracts combined. (b) Procedures \nThe Secretary of Energy, in consultation with the Administrator of General Services and the Secretary of Defense, shall establish procedures based on the procedures under title VIII of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 et seq. ), for implementing this section. (c) Definitions \nIn this section: (1) Nonbuilding application \nThe term nonbuilding application means— (A) any class of vehicles, devices, or equipment that are transportable under their own power by land, sea, or air that consume energy from any fuel source for the purpose of such transportability, or to maintain a controlled environment within such vehicle, device, or equipment; or (B) any Federally owned equipment used to generate electricity or transport water. (2) Secondary savings \nThe term secondary savings means additional energy or cost savings that are a direct consequence of the energy or water savings that result from the financing and implementation of the energy savings performance contract, including, but not limited to, energy or cost savings that result from a reduction in the need for fuel delivery and logistical support, or the increased efficiency in the production of electricity. (d) Report \nNot later than 3 years after the date of enactment of this section, the Secretary of Energy shall report to Congress on the progress and results of the projects funded pursuant to this section. Such report shall include a description of projects undertaken; the energy, water, and cost savings, secondary savings, and other benefits that resulted from such projects; and recommendations on whether the pilot program should be extended, expanded, or authorized permanently as a part of the program authorized under title VIII of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 et seq. ).", "id": "H3AE65E355CB74D4E9030B9DD563B5344", "header": "Energy Savings Performance Contracts pilot program for nonbuilding applications" }, { "text": "107. Voluntary commitments to reduce industrial energy intensity \n(a) Voluntary agreements \nThe Secretary of Energy is authorized to enter into voluntary agreements with 1 or more persons in industrial sectors that consume significant amounts of primary energy per unit of physical output to reduce the energy intensity of their production activities by a significant amount relative to improvements in each sector in recent years. (b) Recognition \nThe Secretary of Energy, in cooperation with the Administrator of the Environmental Protection Agency and other appropriate Federal agencies, shall recognize and publicize the achievements of participants in voluntary agreements under this section. (c) Definition \nIn this section, the term energy intensity means the primary energy consumed per unit of physical output in an industrial process.", "id": "H440E27485F5342378D1E685E24D383C4", "header": "Voluntary commitments to reduce industrial energy intensity" }, { "text": "108. Advanced Building Efficiency Testbed \n(a) Establishment \nThe Secretary of Energy, in consultation with the Administrator of General Services, shall establish an Advanced Building Efficiency Testbed program for the development, testing, and demonstration of advanced engineering systems, components, and materials to enable innovations in building technologies. The program shall evaluate efficiency concepts for government and industry buildings, and demonstrate the ability of next generation buildings to support individual and organizational productivity and health (including by improving indoor air quality) as well as flexibility and technological change to improve environmental sustainability. Such program shall complement and not duplicate existing national programs. (b) Participants \nThe program established under subsection (a) shall be led by a university with the ability to combine the expertise from numerous academic fields including, at a minimum, intelligent workplaces and advanced building systems and engineering, electrical and computer engineering, computer science, architecture, urban design, and environmental and mechanical engineering. Such university shall partner with other universities and entities who have established programs and the capability of advancing innovative building efficiency technologies. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out this section $6,000,000 for each of the fiscal years 2004 through 2006, to remain available until expended. For any fiscal year in which funds are expended under this section, the Secretary shall provide 1/3 of the total amount to the lead university described in subsection (b), and provide the remaining 2/3 to the other participants referred to in subsection (b) on an equal basis.", "id": "H42073158D94447B08FD0602E8F674D53", "header": "Advanced Building Efficiency Testbed" }, { "text": "109. Federal building performance standards \nSection 305(a) of the Energy Conservation and Production Act ( 42 U.S.C. 6834(a) ) is amended— (1) in paragraph (2)(A), by striking CABO Model Energy Code, 1992 and inserting the 2003 International Energy Conservation Code ; and (2) by adding at the end the following: (3) Revised Federal building energy efficiency performance standards \n(A) In general \nNot later than 1 year after the date of enactment of this paragraph, the Secretary of Energy shall establish, by rule, revised Federal building energy efficiency performance standards that require that— (i) if life-cycle cost-effective, for new Federal buildings— (I) such buildings be designed so as to achieve energy consumption levels at least 30 percent below those of the version current as of the date of enactment of this paragraph of the ASHRAE Standard or the International Energy Conservation Code, as appropriate; and (II) sustainable design principles are applied to the siting, design, and construction of all new and replacement buildings; and (ii) where water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent they are life-cycle cost effective. (B) Additional revisions \nNot later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary of Energy shall determine, based on the cost-effectiveness of the requirements under the amendments, whether the revised standards established under this paragraph should be updated to reflect the amendments. (C) Statement on compliance of new buildings \nIn the budget request of the Federal agency for each fiscal year and each report submitted by the Federal agency under section 548(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8258(a) ), the head of each Federal agency shall include— (i) a list of all new Federal buildings owned, operated, or controlled by the Federal agency; and (ii) a statement concerning whether the Federal buildings meet or exceed the revised standards established under this paragraph..", "id": "HA8C9B07426E94ED8AC97F7D1191CFCEA", "header": "Federal building performance standards" }, { "text": "110. Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete \n(a) Amendment \nSubtitle F of the Solid Waste Disposal Act ( 42 U.S.C. 6961 et seq. ) is amended by adding at the end the following new section: 6005. Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete \n(a) Definitions \nIn this section: (1) Agency head \nThe term agency head means— (A) the Secretary of Transportation; and (B) the head of each other Federal agency that on a regular basis procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects. (2) Cement or concrete project \nThe term cement or concrete project means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that— (A) involves the procurement of cement or concrete; and (B) is carried out in whole or in part using Federal funds. (3) Recovered mineral component \nThe term recovered mineral component means— (A) ground granulated blast furnace slag; (B) coal combustion fly ash; and (C) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head. (b) Implementation of requirements \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator and each agency head shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of the date of enactment of this section (including guidelines under section 6002) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. (2) Priority \nIn carrying out paragraph (1) an agency head shall give priority to achieving greater use of recovered mineral component in cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally. (3) Conformance \nThe Administrator and each agency head shall carry out this subsection in accordance with section 6002. (c) Full implementation study \n(1) In general \nThe Administrator, in cooperation with the Secretary of Transportation and the Secretary of Energy, shall conduct a study to determine the extent to which current procurement requirements, when fully implemented in accordance with subsection (b), may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects. (2) Matters to be addressed \nThe study shall— (A) quantify the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of current procurement requirements, and the energy savings and environmental benefits associated with that substitution; (B) identify all barriers in procurement requirements to greater realization of energy savings and environmental benefits, including barriers resulting from exceptions from current law; and (C) (i) identify potential mechanisms to achieve greater substitution of recovered mineral component in types of cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally; (ii) evaluate the feasibility of establishing guidelines or standards for optimized substitution rates of recovered mineral component in those cement or concrete projects; and (iii) identify any potential environmental or economic effects that may result from greater substitution of recovered mineral component in those cement or concrete projects. (3) Report \nNot later than 30 months after the date of enactment of this section, the Administrator shall submit to Congress a report on the study. (d) Additional procurement requirements \nUnless the study conducted under subsection (c) identifies any effects or other problems described in subsection (c)(2)(C)(iii) that warrant further review or delay, the Administrator and each agency head shall, not later than 1 year after the release of the report in accordance with subsection (c)(3), take additional actions authorized under this Act to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of recovered mineral component in the construction and maintenance of cement or concrete projects, so as to— (1) realize more fully the energy savings and environmental benefits associated with increased substitution; and (2) eliminate barriers identified under subsection (c). (e) Effect of Section \nNothing in this section affects the requirements of section 6002 (including the guidelines and specifications for implementing those requirements).. (b) Table of contents amendment \nThe table of contents of the Solid Waste Disposal Act is amended by adding after the item relating to section 6004 the following new item: Sec. 6005. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete.", "id": "HBFA2DC57238D4F23A70584C62F24CBE4", "header": "Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete" }, { "text": "6005. Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete \n(a) Definitions \nIn this section: (1) Agency head \nThe term agency head means— (A) the Secretary of Transportation; and (B) the head of each other Federal agency that on a regular basis procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects. (2) Cement or concrete project \nThe term cement or concrete project means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that— (A) involves the procurement of cement or concrete; and (B) is carried out in whole or in part using Federal funds. (3) Recovered mineral component \nThe term recovered mineral component means— (A) ground granulated blast furnace slag; (B) coal combustion fly ash; and (C) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head. (b) Implementation of requirements \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator and each agency head shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of the date of enactment of this section (including guidelines under section 6002) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. (2) Priority \nIn carrying out paragraph (1) an agency head shall give priority to achieving greater use of recovered mineral component in cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally. (3) Conformance \nThe Administrator and each agency head shall carry out this subsection in accordance with section 6002. (c) Full implementation study \n(1) In general \nThe Administrator, in cooperation with the Secretary of Transportation and the Secretary of Energy, shall conduct a study to determine the extent to which current procurement requirements, when fully implemented in accordance with subsection (b), may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects. (2) Matters to be addressed \nThe study shall— (A) quantify the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of current procurement requirements, and the energy savings and environmental benefits associated with that substitution; (B) identify all barriers in procurement requirements to greater realization of energy savings and environmental benefits, including barriers resulting from exceptions from current law; and (C) (i) identify potential mechanisms to achieve greater substitution of recovered mineral component in types of cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally; (ii) evaluate the feasibility of establishing guidelines or standards for optimized substitution rates of recovered mineral component in those cement or concrete projects; and (iii) identify any potential environmental or economic effects that may result from greater substitution of recovered mineral component in those cement or concrete projects. (3) Report \nNot later than 30 months after the date of enactment of this section, the Administrator shall submit to Congress a report on the study. (d) Additional procurement requirements \nUnless the study conducted under subsection (c) identifies any effects or other problems described in subsection (c)(2)(C)(iii) that warrant further review or delay, the Administrator and each agency head shall, not later than 1 year after the release of the report in accordance with subsection (c)(3), take additional actions authorized under this Act to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of recovered mineral component in the construction and maintenance of cement or concrete projects, so as to— (1) realize more fully the energy savings and environmental benefits associated with increased substitution; and (2) eliminate barriers identified under subsection (c). (e) Effect of Section \nNothing in this section affects the requirements of section 6002 (including the guidelines and specifications for implementing those requirements).", "id": "H54331855406942FFAE73FCF355BE1662", "header": "Increased use of recovered mineral component in Federally funded projects involving procurement of cement or concrete" }, { "text": "121. Low income home energy assistance program \nSection 2602(b) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621(b) ) is amended by striking and $2,000,000,000 for each of fiscal years 2002 through 2004 and inserting $2,000,000,000 for fiscal years 2002 and 2003, and $3,400,000,000 for each of fiscal years 2004 through 2006.", "id": "HC7F2A8BA3D024E0E99AB9B12C17EE226", "header": "Low income home energy assistance program" }, { "text": "122. Weatherization assistance \nSection 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 ) is amended by striking for fiscal years 1999 through 2003 such sums as may be necessary and inserting $325,000,000 for fiscal year 2004, $400,000,000 for fiscal year 2005, and $500,000,000 for fiscal year 2006.", "id": "H5F381994EEAC4C1F86DCD92996B253F6", "header": "Weatherization assistance" }, { "text": "123. State energy programs \n(a) State energy conservation plans \nSection 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ) is amended by inserting at the end the following new subsection: (g) The Secretary shall, at least once every 3 years, invite the Governor of each State to review and, if necessary, revise the energy conservation plan of such State submitted under subsection (b) or (e). Such reviews should consider the energy conservation plans of other States within the region, and identify opportunities and actions carried out in pursuit of common energy conservation goals.. (b) State energy efficiency goals \nSection 364 of the Energy Policy and Conservation Act ( 42 U.S.C. 6324 ) is amended to read as follows: 364. State energy efficiency goals \nEach State energy conservation plan with respect to which assistance is made available under this part on or after the date of enactment of the Energy Policy Act of 2003 shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in calendar year 2010 as compared to calendar year 1990, and may contain interim goals.. (c) Authorization of appropriations \nSection 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) ) is amended by striking for fiscal years 1999 through 2003 such sums as may be necessary and inserting $100,000,000 for each of the fiscal years 2004 and 2005 and $125,000,000 for fiscal year 2006.", "id": "H4F801594A01242D9AC410024AE88795E", "header": "State energy programs" }, { "text": "364. State energy efficiency goals \nEach State energy conservation plan with respect to which assistance is made available under this part on or after the date of enactment of the Energy Policy Act of 2003 shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in calendar year 2010 as compared to calendar year 1990, and may contain interim goals.", "id": "H56103B34D17743F000AEE440AE002211", "header": "State energy efficiency goals" }, { "text": "124. Energy efficient appliance rebate programs \n(a) Definitions \nIn this section: (1) Eligible State \nThe term eligible State means a State that meets the requirements of subsection (b). (2) Energy Star Program \nThe term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act. (3) Residential Energy Star product \nThe term residential Energy Star product means a product for a residence that is rated for energy efficiency under the Energy Star program. (4) Secretary \nThe term Secretary means the Secretary of Energy. (5) State energy office \nThe term State energy office means the State agency responsible for developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (6) State program \nThe term State program means a State energy efficient appliance rebate program described in subsection (b)(1). (b) Eligible States \nA State shall be eligible to receive an allocation under subsection (c) if the State— (1) establishes (or has established) a State energy efficient appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products to replace used appliances of the same type; (2) submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and (3) provides assurances satisfactory to the Secretary that the State will use the allocation to supplement, but not supplant, funds made available to carry out the State program. (c) Amount of allocations \n(1) In general \nSubject to paragraph (2), for each fiscal year, the Secretary shall allocate to the State energy office of each eligible State to carry out subsection (d) an amount equal to the product obtained by multiplying the amount made available under subsection (f) for the fiscal year by the ratio that the population of the State in the most recent calendar year for which data are available bears to the total population of all eligible States in that calendar year. (2) Minimum allocations \nFor each fiscal year, the amounts allocated under this subsection shall be adjusted proportionately so that no eligible State is allocated a sum that is less than an amount determined by the Secretary. (d) Use of allocated funds \nThe allocation to a State energy office under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out a State program. (e) Issuance of rebates \nRebates may be provided to residential consumers that meet the requirements of the State program. The amount of a rebate shall be determined by the State energy office, taking into consideration— (1) the amount of the allocation to the State energy office under subsection (c); (2) the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product; and (3) the difference between the cost of the residential Energy Star product and the cost of an appliance that is not a residential Energy Star product, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the State energy office) to, the residential Energy Star product. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of the fiscal years 2004 through 2008.", "id": "HF3FCC23A27A64D1BB8BDF88A600CCFF", "header": "Energy efficient appliance rebate programs" }, { "text": "125. Energy efficient public buildings \n(a) Grants \nThe Secretary of Energy may make grants to the State agency responsible for developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ), or, if no such agency exists, a State agency designated by the Governor of the State, to assist units of local government in the State in improving the energy efficiency of public buildings and facilities— (1) through construction of new energy efficient public buildings that use at least 30 percent less energy than a comparable public building constructed in compliance with standards prescribed in the most recent version of the International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent efficiency levels; or (2) through renovation of existing public buildings to achieve reductions in energy use of at least 30 percent as compared to the baseline energy use in such buildings prior to renovation, assuming a 3-year, weather-normalized average for calculating such baseline. (b) Administration \nState energy offices receiving grants under this section shall— (1) maintain such records and evidence of compliance as the Secretary may require; and (2) develop and distribute information and materials and conduct programs to provide technical services and assistance to encourage planning, financing, and design of energy efficient public buildings by units of local government. (c) Authorization of appropriations \nFor the purposes of this section, there are authorized to be appropriated to the Secretary of Energy $30,000,000 for each of fiscal years 2004 through 2008. Not more than 10 percent of appropriated funds shall be used for administration.", "id": "H2B93F101B8C2476B867B08D87D92C8D6", "header": "Energy efficient public buildings" }, { "text": "126. Low income community energy efficiency pilot program \n(a) Grants \nThe Secretary of Energy is authorized to make grants to units of local government, private, non-profit community development organizations, and Indian tribe economic development entities to improve energy efficiency; identify and develop alternative, renewable, and distributed energy supplies; and increase energy conservation in low income rural and urban communities. (b) Purpose of grants \nThe Secretary may make grants on a competitive basis for— (1) investments that develop alternative, renewable, and distributed energy supplies; (2) energy efficiency projects and energy conservation programs; (3) studies and other activities that improve energy efficiency in low income rural and urban communities; (4) planning and development assistance for increasing the energy efficiency of buildings and facilities; and (5) technical and financial assistance to local government and private entities on developing new renewable and distributed sources of power or combined heat and power generation. (c) Definition \nFor purposes of this section, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (d) Authorization of appropriations \nFor the purposes of this section there are authorized to be appropriated to the Secretary of Energy $20,000,000 for each of fiscal years 2004 through 2006.", "id": "HAE36351EC475464FBC9E6FDEA948B08", "header": "Low income community energy efficiency pilot program" }, { "text": "131. Energy Star Program \n(a) Amendment \nThe Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) is amended by inserting the following after section 324: 324A. Energy Star Program \nThere is established at the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of or other forms of communication about products and buildings that meet the highest energy efficiency standards. Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency consistent with the terms of agreements between the 2 agencies. The Administrator and the Secretary shall— (1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for achieving energy efficiency and to reduce pollution; (2) work to enhance public awareness of the Energy Star label, including special outreach to small businesses; (3) preserve the integrity of the Energy Star label; (4) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or effective dates for any of the foregoing); (5) upon adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria along with an explanation of such changes and, where appropriate, responses to comments submitted by interested parties; and (6) provide appropriate lead time (which shall be 9 months, unless the Agency or Department determines otherwise) prior to the effective date for a new or a significant revision to a product category, specification, or criterion, taking into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.. (b) Table of contents amendment \nThe table of contents of the Energy Policy and Conservation Act is amended by inserting after the item relating to section 324 the following new item: Sec. 324A. Energy Star program.", "id": "H8395EC174D9742DCAA22E045548BAB77", "header": "Energy Star Program" }, { "text": "324A. Energy Star Program \nThere is established at the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of or other forms of communication about products and buildings that meet the highest energy efficiency standards. Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency consistent with the terms of agreements between the 2 agencies. The Administrator and the Secretary shall— (1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for achieving energy efficiency and to reduce pollution; (2) work to enhance public awareness of the Energy Star label, including special outreach to small businesses; (3) preserve the integrity of the Energy Star label; (4) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or effective dates for any of the foregoing); (5) upon adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria along with an explanation of such changes and, where appropriate, responses to comments submitted by interested parties; and (6) provide appropriate lead time (which shall be 9 months, unless the Agency or Department determines otherwise) prior to the effective date for a new or a significant revision to a product category, specification, or criterion, taking into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.", "id": "H4A268ACB7E504837B2516D1432094C19", "header": "Energy Star Program" }, { "text": "132. HVAC maintenance consumer education program \nSection 337 of the Energy Policy and Conservation Act ( 42 U.S.C. 6307 ) is amended by adding at the end the following: (c) HVAC maintenance \nFor the purpose of ensuring that installed air conditioning and heating systems operate at their maximum rated efficiency levels, the Secretary shall, not later than 180 days after the date of enactment of this subsection, carry out a program to educate homeowners and small business owners concerning the energy savings resulting from properly conducted maintenance of air conditioning, heating, and ventilating systems. The Secretary shall carry out the program in a cost-shared manner in cooperation with the Administrator of the Environmental Protection Agency and such other entities as the Secretary considers appropriate, including industry trade associations, industry members, and energy efficiency organizations. (d) Small business education and assistance \nThe Administrator of the Small Business Administration, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and coordinate a Government-wide program, building on the existing Energy Star for Small Business Program, to assist small businesses to become more energy efficient, understand the cost savings obtainable through efficiencies, and identify financing options for energy efficiency upgrades. The Secretary and the Administrator of the Small Business Administration shall make the program information available directly to small businesses and through other Federal agencies, including the Federal Emergency Management Program and the Department of Agriculture..", "id": "HCC2783101444492F9FB308C58BB0F513", "header": "HVAC maintenance consumer education program" }, { "text": "133. Energy conservation standards for additional products \n(a) Definitions \nSection 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 ) is amended— (1) in paragraph (30)(S), by striking the period and adding at the end the following: but does not include any lamp specifically designed to be used for special purpose applications and that is unlikely to be used in general purpose applications such as those described in subparagraph (D), and also does not include any lamp not described in subparagraph (D) that is excluded by the Secretary, by rule, because the lamp is designed for special applications and is unlikely to be used in general purpose applications. ; and (2) by adding at the end the following: (32) The term battery charger means a device that charges batteries for consumer products and includes battery chargers embedded in other consumer products. (33) The term commercial refrigerators, freezers, and refrigerator-freezers means refrigerators, freezers, or refrigerator-freezers that— (A) are not consumer products regulated under this Act; and (B) incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single package. (34) The term external power supply means an external power supply circuit that is used to convert household electric current into either DC current or lower-voltage AC current to operate a consumer product. (35) The term illuminated exit sign means a sign that— (A) is designed to be permanently fixed in place to identify an exit; and (B) consists of an electrically powered integral light source that illuminates the legend EXIT and any directional indicators and provides contrast between the legend, any directional indicators, and the background. (36) (A) Except as provided in subparagraph (B), the term distribution transformer means a transformer that— (i) has an input voltage of 34.5 kilovolts or less; (ii) has an output voltage of 600 volts or less; and (iii) is rated for operation at a frequency of 60 Hertz. (B) The term distribution transformer does not include— (i) transformers with multiple voltage taps, with the highest voltage tap equaling at least 20 percent more than the lowest voltage tap; (ii) transformers, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, Uninterruptible Power System transformers, impedance transformers, harmonic transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special purpose application and are unlikely to be used in general purpose applications; or (iii) any transformer not listed in clause (ii) that is excluded by the Secretary by rule because— (I) the transformer is designed for a special application; (II) the transformer is unlikely to be used in general purpose applications; and (III) the application of standards to the transformer would not result in significant energy savings. (37) The term low-voltage dry-type distribution transformer means a distribution transformer that— (A) has an input voltage of 600 volts or less; (B) is air-cooled; and (C) does not use oil as a coolant. (38) The term standby mode means the lowest power consumption mode that— (A) cannot be switched off or influenced by the user; and (B) may persist for an indefinite time when an appliance is connected to the main electricity supply and used in accordance with the manufacturer’s instructions, as defined on an individual product basis by the Secretary. (39) The term torchiere means a portable electric lamp with a reflector bowl that directs light upward so as to give indirect illumination. (40) The term traffic signal module means a standard 8-inch (200mm) or 12-inch (300mm) traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation, that communicates movement messages to drivers through red, amber, and green colors. (41) The term transformer means a device consisting of 2 or more coils of insulated wire that transfers alternating current by electromagnetic induction from 1 coil to another to change the original voltage or current value. (42) The term unit heater means a self-contained fan-type heater designed to be installed within the heated space, except that such term does not include a warm air furnace.. (b) Test procedures \nSection 323 of the Energy Policy and Conservation Act ( 42 U.S.C. 6293 ) is amended— (1) in subsection (b), by adding at the end the following: (9) Test procedures for illuminated exit signs shall be based on the test method used under Version 2.0 of the Energy Star program of the Environmental Protection Agency for illuminated exit signs. (10) Test procedures for distribution transformers and low voltage dry-type distribution transformers shall be based on the Standard Test Method for Measuring the Energy Consumption of Distribution Transformers prescribed by the National Electrical Manufacturers Association (NEMA TP 2–1998). The Secretary may review and revise this test procedure. For purposes of section 346(a), this test procedure shall be deemed to be testing requirements prescribed by the Secretary under section 346(a)(1) for distribution transformers for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in significant energy savings. (11) Test procedures for traffic signal modules shall be based on the test method used under the Energy Star program of the Environmental Protection Agency for traffic signal modules, as in effect on the date of enactment of this paragraph. (12) Test procedures for medium base compact fluorescent lamps shall be based on the test methods used under the August 9, 2001, version of the Energy Star program of the Environmental Protection Agency and Department of Energy for compact fluorescent lamps. Covered products shall meet all test requirements for regulated parameters in section 325(bb). However, covered products may be marketed prior to completion of lamp life and lumen maintenance at 40 percent of rated life testing provided manufacturers document engineering predictions and analysis that support expected attainment of lumen maintenance at 40 percent rated life and lamp life time. ; and (2) by adding at the end the following: (f) Additional consumer and commercial products \nThe Secretary shall, not later than 24 months after the date of enactment of this subsection, prescribe testing requirements for suspended ceiling fans, refrigerated bottled or canned beverage vending machines, and commercial refrigerators, freezers, and refrigerator-freezers. Such testing requirements shall be based on existing test procedures used in industry to the extent practical and reasonable. In the case of suspended ceiling fans, such test procedures shall include efficiency at both maximum output and at an output no more than 50 percent of the maximum output.. (c) New standards \nSection 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ) is amended by adding at the end the following: (u) Battery charger and external power supply electric energy consumption \n(1) Initial rulemaking \n(A) The Secretary shall, within 18 months after the date of enactment of this subsection, prescribe by notice and comment, definitions and test procedures for the power use of battery chargers and external power supplies. In establishing these test procedures, the Secretary shall consider, among other factors, existing definitions and test procedures used for measuring energy consumption in standby mode and other modes and assess the current and projected future market for battery chargers and external power supplies. This assessment shall include estimates of the significance of potential energy savings from technical improvements to these products and suggested product classes for standards. Prior to the end of this time period, the Secretary shall hold a scoping workshop to discuss and receive comments on plans for developing energy conservation standards for energy use for these products. (B) The Secretary shall, within 3 years after the date of enactment of this subsection, issue a final rule that determines whether energy conservation standards shall be issued for battery chargers and external power supplies or classes thereof. For each product class, any such standards shall be set at the lowest level of energy use that— (i) meets the criteria and procedures of subsections (o), (p), (q), (r), (s), and (t); and (ii) will result in significant overall annual energy savings, considering both standby mode and other operating modes. (2) Review of standby energy use in covered products \nIn determining pursuant to section 323 whether test procedures and energy conservation standards pursuant to this section should be revised, the Secretary shall consider, for covered products that are major sources of standby mode energy consumption, whether to incorporate standby mode into such test procedures and energy conservation standards, taking into account, among other relevant factors, standby mode power consumption compared to overall product energy consumption. (3) Rulemaking \nThe Secretary shall not propose a standard under this section unless the Secretary has issued applicable test procedures for each product pursuant to section 323. (4) Effective date \nAny standard issued under this subsection shall be applicable to products manufactured or imported 3 years after the date of issuance. (5) Voluntary programs \nThe Secretary and the Administrator shall collaborate and develop programs, including programs pursuant to section 324A (relating to Energy Star Programs) and other voluntary industry agreements or codes of conduct, that are designed to reduce standby mode energy use. (v) Suspended ceiling fans, vending machines, and commercial refrigerators, freezers, and refrigerator-Freezers \nThe Secretary shall not later than 36 months after the date on which testing requirements are prescribed by the Secretary pursuant to section 323(f), prescribe, by rule, energy conservation standards for suspended ceiling fans, refrigerated bottled or canned beverage vending machines, and commercial refrigerators, freezers, and refrigerator-freezers. In establishing standards under this subsection, the Secretary shall use the criteria and procedures contained in subsections (o) and (p). Any standard prescribed under this subsection shall apply to products manufactured 3 years after the date of publication of a final rule establishing such standard. (w) Illuminated exit signs \nIlluminated exit signs manufactured on or after January 1, 2005, shall meet the Version 2.0 Energy Star Program performance requirements for illuminated exit signs prescribed by the Environmental Protection Agency. (x) Torchieres \nTorchieres manufactured on or after January 1, 2005— (1) shall consume not more than 190 watts of power; and (2) shall not be capable of operating with lamps that total more than 190 watts. (y) Low voltage dry-type Distribution Transformers \nThe efficiency of low voltage dry-type distribution transformers manufactured on or after January 1, 2005, shall be the Class I Efficiency Levels for distribution transformers specified in Table 4-2 of the Guide for Determining Energy Efficiency for Distribution Transformers published by the National Electrical Manufacturers Association (NEMA TP–1–2002). (z) Traffic signal modules \nTraffic signal modules manufactured on or after January 1, 2006, shall meet the performance requirements used under the Energy Star program of the Environmental Protection Agency for traffic signals, as in effect on the date of enactment of this subsection, and shall be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems. (aa) Unit heaters \nUnit heaters manufactured on or after the date that is 3 years after the date of enactment of this subsection shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper. (bb) Medium base compact fluorescent lamps \nBare lamp and covered lamp (no reflector) medium base compact fluorescent lamps manufactured on or after January 1, 2005, shall meet the following requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-Efficiency Specification issued by the Environmental Protection Agency and Department of Energy: minimum initial efficacy; lumen maintenance at 1000 hours; lumen maintenance at 40 percent of rated life; rapid cycle stress test; and lamp life. The Secretary may, by rule, establish requirements for color quality (CRI); power factor; operating frequency; and maximum allowable start time based on the requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for Compact Fluorescent Lamps. The Secretary may, by rule, revise these requirements or establish other requirements considering energy savings, cost effectiveness, and consumer satisfaction. (cc) Effective date \nSection 327 shall apply— (1) to products for which standards are to be established under subsections (u) and (v) on the date on which a final rule is issued by the Department of Energy, except that any State or local standards prescribed or enacted for any such product prior to the date on which such final rule is issued shall not be preempted until the standard established under subsection (u) or (v) for that product takes effect; and (2) to products for which standards are established under subsections (w) through (bb) on the date of enactment of those subsections, except that any State or local standards prescribed or enacted prior to the date of enactment of those subsections shall not be preempted until the standards established under subsections (w) through (bb) take effect.. (d) Residential furnace fans \nSection 325(f)(3) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(f)(3) ) is amended by adding the following new subparagraph at the end: (D) Notwithstanding any provision of this Act, the Secretary may consider, and prescribe, if the requirements of subsection (o) of this section are met, energy efficiency or energy use standards for electricity used for purposes of circulating air through duct work..", "id": "H6ADF21CECE894CAABFCDD6222B00CB00", "header": "Energy conservation standards for additional products" }, { "text": "134. Energy labeling \n(a) Rulemaking on effectiveness of consumer product labeling \nSection 324(a)(2) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a)(2) ) is amended by adding at the end the following: (F) Not later than 3 months after the date of enactment of this subparagraph, the Commission shall initiate a rulemaking to consider the effectiveness of the current consumer products labeling program in assisting consumers in making purchasing decisions and improving energy efficiency and to consider changes to the labeling rules that would improve the effectiveness of consumer product labels. Such rulemaking shall be completed not later than 2 years after the date of enactment of this subparagraph.. (b) Rulemaking on labeling for additional products \nSection 324(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a) ) is further amended by adding at the end the following: (5) The Secretary or the Commission, as appropriate, may, for covered products referred to in subsections (u) through (aa) of section 325, prescribe, by rule, pursuant to this section, labeling requirements for such products after a test procedure has been set pursuant to section 323. In the case of products to which TP–1 standards under section 325(y) apply, labeling requirements shall be based on the Standard for the Labeling of Distribution Transformer Efficiency prescribed by the National Electrical Manufacturers Association (NEMA TP–3) as in effect upon the date of enactment of this paragraph..", "id": "H71391775D8424284A3D64EE05D48E2C3", "header": "Energy labeling" }, { "text": "141. Capacity building for energy-efficient, affordable housing \nSection 4(b) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 note) is amended— (1) in paragraph (1), by inserting before the semicolon at the end the following: , including capabilities regarding the provision of energy efficient, affordable housing and residential energy conservation measures ; and (2) in paragraph (2), by inserting before the semicolon the following: , including such activities relating to the provision of energy efficient, affordable housing and residential energy conservation measures that benefit low-income families.", "id": "H4D10668F660E4743A19E4705F692BDB4", "header": "Capacity building for energy-efficient, affordable housing" }, { "text": "142. Increase of cdbg public services cap for energy conservation and efficiency activities \nSection 105(a)(8) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(8) ) is amended— (1) by inserting or efficiency after energy conservation ; (2) by striking , and except that and inserting ; except that ; and (3) by inserting before the semicolon at the end the following: ; and except that each percentage limitation under this paragraph on the amount of assistance provided under this title that may be used for the provision of public services is hereby increased by 10 percent, but such percentage increase may be used only for the provision of public services concerning energy conservation or efficiency.", "id": "HD99566DCAFF74684ABBC00EDF00280CB", "header": "Increase of cdbg public services cap for energy conservation and efficiency activities" }, { "text": "143. FHA mortgage insurance incentives for energy efficient housing \n(a) Single family housing mortgage insurance \nSection 203(b)(2) of the National Housing Act ( 12 U.S.C. 1709(b)(2) ) is amended, in the first undesignated paragraph beginning after subparagraph (B)(ii)(IV) (relating to solar energy systems), by striking 20 percent and inserting 30 percent. (b) Multifamily housing mortgage insurance \nSection 207(c) of the National Housing Act ( 12 U.S.C. 1713(c) ) is amended, in the last undesignated paragraph beginning after paragraph (3) (relating to solar energy systems and residential energy conservation measures), by striking 20 percent and inserting 30 percent. (c) Cooperative housing mortgage insurance \nSection 213(p) of the National Housing Act ( 12 U.S.C. 1715e(p) ) is amended by striking 20 per centum and inserting 30 percent. (d) Rehabilitation and neighborhood conservation housing mortgage insurance \nSection 220(d)(3)(B)(iii)(IV) of the National Housing Act ( 12 U.S.C. 1715k(d)(3)(B)(iii)(IV) ) is amended— (1) by striking with respect to rehabilitation projects involving not more than five family units, ; and (2) by striking 20 per centum and inserting 30 percent. (e) Low-income multifamily housing mortgage insurance \nSection 221(k) of the National Housing Act ( 12 U.S.C. 1715l(k) ) is amended by striking 20 per centum and inserting 30 percent. (f) Elderly housing mortgage insurance \nSection 231(c)(2)(C) of the National Housing Act ( 12 U.S.C. 1715v(c)(2)(C) ) is amended by striking 20 per centum and inserting 30 percent. (g) Condominium housing mortgage insurance \nSection 234(j) of the National Housing Act ( 12 U.S.C. 1715y(j) ) is amended by striking 20 per centum and inserting 30 percent.", "id": "H85701F90853D4B2B9577F29100FB7632", "header": "FHA mortgage insurance incentives for energy efficient housing" }, { "text": "144. Public housing capital fund \nSection 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) is amended— (1) in subsection (d)(1)— (A) in subparagraph (I), by striking and at the end; (B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (K) improvement of energy and water-use efficiency by installing fixtures and fittings that conform to the American Society of Mechanical Engineers/American National Standards Institute standards A112.19.2-1998 and A112.18.1-2000, or any revision thereto, applicable at the time of installation, and by increasing energy efficiency and water conservation by such other means as the Secretary determines are appropriate; and (L) integrated utility management and capital planning to maximize energy conservation and efficiency measures. ; and (2) in subsection (e)(2)(C)— (A) by striking The and inserting the following: (i) In general \nThe ; and (B) by adding at the end the following: (ii) Third party contracts \nContracts described in clause (i) may include contracts for equipment conversions to less costly utility sources, projects with resident-paid utilities, and adjustments to frozen base year consumption, including systems repaired to meet applicable building and safety codes and adjustments for occupancy rates increased by rehabilitation. (iii) Term of contract \nThe total term of a contract described in clause (i) shall not exceed 20 years to allow longer payback periods for retrofits, including windows, heating system replacements, wall insulation, site-based generation, advanced energy savings technologies, including renewable energy generation, and other such retrofits..", "id": "HBCCBAB91A9334F7381CC4512161A017", "header": "Public housing capital fund" }, { "text": "145. Grants for energy-conserving improvements for assisted housing \nSection 251(b)(1) of the National Energy Conservation Policy Act ( 42 U.S.C. 8231(1) ) is amended— (1) by striking financed with loans and inserting assisted ; (2) by inserting after 1959, the following: which are eligible multifamily housing projects (as such term is defined in section 512 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note)) and are subject to mortgage restructuring and rental assistance sufficiency plans under such Act, ; and (3) by inserting after the period at the end of the first sentence the following new sentence: Such improvements may also include the installation of energy and water conserving fixtures and fittings that conform to the American Society of Mechanical Engineers/American National Standards Institute standards A112.19.2-1998 and A112.18.1-2000, or any revision thereto, applicable at the time of installation..", "id": "H3BD14259AC2B4DCB879C32A5C68B38FD", "header": "Grants for energy-conserving improvements for assisted housing" }, { "text": "146. North American Development Bank \nPart 2 of subtitle D of title V of the North American Free Trade Agreement Implementation Act (22 U.S.C. 290m–290m-3) is amended by adding at the end the following: 545. Support for certain energy policies \nConsistent with the focus of the Bank’s Charter on environmental infrastructure projects, the Board members representing the United States should use their voice and vote to encourage the Bank to finance projects related to clean and efficient energy, including energy conservation, that prevent, control, or reduce environmental pollutants or contaminants..", "id": "H27599F4E23DE49179C9E63E4F26B2C1", "header": "North American Development Bank" }, { "text": "545. Support for certain energy policies \nConsistent with the focus of the Bank’s Charter on environmental infrastructure projects, the Board members representing the United States should use their voice and vote to encourage the Bank to finance projects related to clean and efficient energy, including energy conservation, that prevent, control, or reduce environmental pollutants or contaminants.", "id": "HEBB1A30293464DD2AA879699C92D5527", "header": "Support for certain energy policies" }, { "text": "147. Energy-efficient appliances \nIn purchasing appliances, a public housing agency shall purchase energy-efficient appliances that are Energy Star products or FEMP-designated products, as such terms are defined in section 553 of the National Energy Conservation Policy Act (as amended by this title), unless the purchase of energy-efficient appliances is not cost-effective to the agency.", "id": "H9C5B49C3DF4C46D8A71D313175F7AC21", "header": "Energy-efficient appliances" }, { "text": "148. Energy efficiency standards \nSection 109 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12709 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking 1 year after the date of the enactment of the Energy Policy Act of 1992 and inserting September 30, 2004 ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ), where such standards are determined to be cost effective by the Secretary of Housing and Urban Development. ; and (B) in paragraph (2), by striking Council of American and all that follows through 90.1–1989’) and inserting 2003 International Energy Conservation Code ; (2) in subsection (b)— (A) by striking within 1 year after the date of the enactment of the Energy Policy Act of 1992 and inserting by September 30, 2004 ; and (B) by striking CABO and all that follows through 1989 and inserting the 2003 International Energy Conservation Code ; and (3) in subsection (c)— (A) in the heading, by striking Model Energy Code and inserting The International Energy Conservation Code ; and (B) by striking CABO and all that follows through 1989 and inserting the 2003 International Energy Conservation Code.", "id": "H84A706780E89421AA4566C6F5DC13C09", "header": "Energy efficiency standards" }, { "text": "149. Energy strategy for HUD \nThe Secretary of Housing and Urban Development shall develop and implement an integrated strategy to reduce utility expenses through cost-effective energy conservation and efficiency measures and energy efficient design and construction of public and assisted housing. The energy strategy shall include the development of energy reduction goals and incentives for public housing agencies. The Secretary shall submit a report to Congress, not later than 1 year after the date of the enactment of this Act, on the energy strategy and the actions taken by the Department of Housing and Urban Development to monitor the energy usage of public housing agencies and shall submit an update every 2 years thereafter on progress in implementing the strategy.", "id": "H107CAE1AD5CE4FF989B789DBB6030079", "header": "Energy strategy for HUD" }, { "text": "201. Assessment of renewable energy resources \n(a) Resource assessment \nNot later than 6 months after the date of enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of renewable energy resources within the United States, including solar, wind, biomass, ocean (tidal, wave, current, and thermal), geothermal, and hydroelectric energy resources, and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of reports \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain— (1) a detailed inventory describing the available amount and characteristics of the renewable energy resources; and (2) such other information as the Secretary believes would be useful in developing such renewable energy resources, including descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource, together with an identification of any barriers to providing adequate transmission for remote sources of renewable energy resources to current and emerging markets, recommendations for removing or addressing such barriers, and ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of appropriations \nFor the purposes of this section, there are authorized to be appropriated to the Secretary of Energy $10,000,000 for each of fiscal years 2004 through 2008.", "id": "H9D100C2C889F47E2A3696CCBE61700F7", "header": "Assessment of renewable energy resources" }, { "text": "202. Renewable energy production incentive \n(a) Incentive payments \nSection 1212(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(a) ) is amended by striking and which satisfies and all that follows through Secretary shall establish. and inserting. If there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities in any given year, the Secretary shall assign 60 percent of appropriated funds for that year to facilities that use solar, wind, geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity, and assign the remaining 40 percent to other projects. The Secretary may, after transmitting to Congress an explanation of the reasons therefor, alter the percentage requirements of the preceding sentence.. (b) Qualified renewable energy facility \nSection 1212(b) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(b) ) is amended— (1) by striking a State or any political and all that follows through nonprofit electrical cooperative and inserting a not-for-profit electric cooperative, a public utility described in section 115 of the Internal Revenue Code of 1986, a State, Commonwealth, territory, or possession of the United States or the District of Columbia, or a political subdivision thereof, or an Indian tribal government or subdivision thereof, ; and (2) by inserting landfill gas, after wind, biomass,. (c) Eligibility window \nSection 1212(c) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(c) ) is amended by striking during the 10-fiscal year period beginning with the first full fiscal year occurring after the enactment of this section and inserting after October 1, 2003, and before October 1, 2013. (d) Amount of payment \nSection 1212(e)(1) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(e)(1) ) is amended by inserting landfill gas, after wind, biomass,. (e) Sunset \nSection 1212(f) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(f) ) is amended by striking the expiration of and all that follows through of this section and inserting September 30, 2023. (f) Authorization of appropriations \nSection 1212(g) of the Energy Policy Act of 1992 ( 42 U.S.C. 13317(g) ) is amended to read as follows: (g) Authorization of appropriations \n(1) In General \nSubject to paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2003 through 2023. (2) Availability of funds \nFunds made available under paragraph (1) shall remain available until expended..", "id": "H7A19269849794A39BCFA6676F8682117", "header": "Renewable energy production incentive" }, { "text": "203. Federal purchase requirement \n(a) Requirement \nThe President, acting through the Secretary of Energy, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal Government consumes during any fiscal year, the following amounts shall be renewable energy: (1) Not less than 3 percent in fiscal years 2005 through 2007. (2) Not less than 5 percent in fiscal years 2008 through 2010. (3) Not less than 7.5 percent in fiscal year 2011 and each fiscal year thereafter. (b) Definitions \nIn this section: (1) Biomass \nThe term biomass means any solid, nonhazardous, cellulosic material that is derived from— (A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; (B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled; (C) agriculture wastes, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or (D) a plant that is grown exclusively as a fuel for the production of electricity. (2) Renewable energy \nThe term renewable energy means electric energy generated from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (c) Calculation \nFor purposes of determining compliance with the requirement of this section, the amount of renewable energy shall be doubled if— (1) the renewable energy is produced and used on-site at a Federal facility; (2) the renewable energy is produced on Federal lands and used at a Federal facility; or (3) the renewable energy is produced on Indian land as defined in title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et. seq.) and used at a Federal facility. (d) Report \nNot later than April 15, 2005, and every 2 years thereafter, the Secretary of Energy shall provide a report to Congress on the progress of the Federal Government in meeting the goals established by this section.", "id": "HC4E16C2FF1934B66B17E2CB690E4EA35", "header": "Federal purchase requirement" }, { "text": "204. Insular areas energy security \nSection 604 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes , approved December 24, 1980 ( 48 U.S.C. 1492 ), is amended— (1) in subsection (a)(4) by striking the period and inserting a semicolon; (2) by adding at the end of subsection (a) the following new paragraphs: (5) electric power transmission and distribution lines in insular areas are inadequate to withstand damage caused by the hurricanes and typhoons which frequently occur in insular areas and such damage often costs millions of dollars to repair; and (6) the refinement of renewable energy technologies since the publication of the 1982 Territorial Energy Assessment prepared pursuant to subsection (c) reveals the need to reassess the state of energy production, consumption, infrastructure, reliance on imported energy, opportunities for energy conservation and increased energy efficiency, and indigenous sources in regard to the insular areas. ; (3) by amending subsection (e) to read as follows: (e) (1) The Secretary of the Interior, in consultation with the Secretary of Energy and the head of government of each insular area, shall update the plans required under subsection (c) by— (A) updating the contents required by subsection (c); (B) drafting long-term energy plans for such insular areas with the objective of reducing, to the extent feasible, their reliance on energy imports by the year 2010, increasing energy conservation and energy efficiency, and maximizing, to the extent feasible, use of indigenous energy sources; and (C) drafting long-term energy transmission line plans for such insular areas with the objective that the maximum percentage feasible of electric power transmission and distribution lines in each insular area be protected from damage caused by hurricanes and typhoons. (2) Not later than December 31, 2005, the Secretary of the Interior shall submit to Congress the updated plans for each insular area required by this subsection. ; and (4) by amending subsection (g)(4) to read as follows: (4) Power line grants for insular areas \n(A) In General \nThe Secretary of the Interior is authorized to make grants to governments of insular areas of the United States to carry out eligible projects to protect electric power transmission and distribution lines in such insular areas from damage caused by hurricanes and typhoons. (B) Eligible projects \nThe Secretary may award grants under subparagraph (A) only to governments of insular areas of the United States that submit written project plans to the Secretary for projects that meet the following criteria: (i) The project is designed to protect electric power transmission and distribution lines located in 1 or more of the insular areas of the United States from damage caused by hurricanes and typhoons. (ii) The project is likely to substantially reduce the risk of future damage, hardship, loss, or suffering. (iii) The project addresses 1 or more problems that have been repetitive or that pose a significant risk to public health and safety. (iv) The project is not likely to cost more than the value of the reduction in direct damage and other negative impacts that the project is designed to prevent or mitigate. The cost benefit analysis required by this criterion shall be computed on a net present value basis. (v) The project design has taken into consideration long-term changes to the areas and persons it is designed to protect and has manageable future maintenance and modification requirements. (vi) The project plan includes an analysis of a range of options to address the problem it is designed to prevent or mitigate and a justification for the selection of the project in light of that analysis. (vii) The applicant has demonstrated to the Secretary that the matching funds required by subparagraph (D) are available. (C) Priority \nWhen making grants under this paragraph, the Secretary shall give priority to grants for projects which are likely to— (i) have the greatest impact on reducing future disaster losses; and (ii) best conform with plans that have been approved by the Federal Government or the government of the insular area where the project is to be carried out for development or hazard mitigation for that insular area. (D) Matching requirement \nThe Federal share of the cost for a project for which a grant is provided under this paragraph shall not exceed 75 percent of the total cost of that project. The non-Federal share of the cost may be provided in the form of cash or services. (E) Treatment of funds for certain purposes \nGrants provided under this paragraph shall not be considered as income, a resource, or a duplicative program when determining eligibility or benefit levels for Federal major disaster and emergency assistance. (F) Authorization of appropriations \nThere are authorized to be appropriated to carry out this paragraph $5,000,000 for each fiscal year beginning after the date of the enactment of this paragraph..", "id": "HE5B5D5BB32594925BCA618A25EA1E07", "header": "Insular areas energy security" }, { "text": "205. Use of photovoltaic energy in public buildings \n(a) In General \nSubchapter VI of chapter 31 of title 40, United States Code, is amended by adding at the end the following: 3177. Use of photovoltaic energy in public buildings \n(a) Photovoltaic energy commercialization program \n(1) In General \nThe Administrator of General Services may establish a photovoltaic energy commercialization program for the procurement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings. (2) Purposes \nThe purposes of the program shall be to accomplish the following: (A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel. (B) To reduce the fossil fuel consumption and costs of the Federal Government. (C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government’s Million Solar Roof Initiative of 1997. (D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods. (E) To develop program performance data to support policy decisions on future incentive programs with respect to energy. (3) Acquisition of photovoltaic solar electric systems \n(A) In General \nThe program shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability for use in public buildings. (B) Acquisition levels \nThe acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low-cost production techniques with at least 150 megawatts (peak) cumulative acquired during the 5 years of the program. (4) Administration \nThe Administrator shall administer the program and shall— (A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection; (B) develop innovative procurement strategies for the acquisition of such systems; and (C) transmit to Congress an annual report on the results of the program. (b) Photovoltaic systems evaluation program \n(1) In General \nNot later than 60 days after the date of enactment of this section, the Administrator, in consultation with the Secretary of Energy, shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy systems as are required in public buildings. (2) Program requirement \nIn evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced technology. (c) Authorization of appropriations \n(1) Photovoltaic energy commercialization program \nThere are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of fiscal years 2004 through 2008. Such sums shall remain available until expended. (2) Photovoltaic systems evaluation program \nThere are authorized to be appropriated to carry out subsection (b) $10,000,000 for each of fiscal years 2004 through 2008. Such sums shall remain available until expended.. (b) Conforming amendment \nThe section analysis for such chapter is amended by inserting after the item relating to section 3176 the following: 3177. Use of photovoltaic energy in public buildings.", "id": "H7225D91018DF4B868880B29DA7AE031F", "header": "Use of photovoltaic energy in public buildings" }, { "text": "3177. Use of photovoltaic energy in public buildings \n(a) Photovoltaic energy commercialization program \n(1) In General \nThe Administrator of General Services may establish a photovoltaic energy commercialization program for the procurement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings. (2) Purposes \nThe purposes of the program shall be to accomplish the following: (A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel. (B) To reduce the fossil fuel consumption and costs of the Federal Government. (C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government’s Million Solar Roof Initiative of 1997. (D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods. (E) To develop program performance data to support policy decisions on future incentive programs with respect to energy. (3) Acquisition of photovoltaic solar electric systems \n(A) In General \nThe program shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability for use in public buildings. (B) Acquisition levels \nThe acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low-cost production techniques with at least 150 megawatts (peak) cumulative acquired during the 5 years of the program. (4) Administration \nThe Administrator shall administer the program and shall— (A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection; (B) develop innovative procurement strategies for the acquisition of such systems; and (C) transmit to Congress an annual report on the results of the program. (b) Photovoltaic systems evaluation program \n(1) In General \nNot later than 60 days after the date of enactment of this section, the Administrator, in consultation with the Secretary of Energy, shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy systems as are required in public buildings. (2) Program requirement \nIn evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced technology. (c) Authorization of appropriations \n(1) Photovoltaic energy commercialization program \nThere are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of fiscal years 2004 through 2008. Such sums shall remain available until expended. (2) Photovoltaic systems evaluation program \nThere are authorized to be appropriated to carry out subsection (b) $10,000,000 for each of fiscal years 2004 through 2008. Such sums shall remain available until expended.", "id": "H1590FD623DF34D1899C95C6CFE5FE3C2", "header": "Use of photovoltaic energy in public buildings" }, { "text": "206. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes \n(a) Findings \nCongress finds the following: (1) Thousands of communities in the United States, many located near Federal lands, are at risk to wildfire. Approximately 190,000,000 acres of land managed by the Secretary of Agriculture and the Secretary of the Interior are at risk of catastrophic fire in the near future. The accumulation of heavy forest fuel loads continues to increase as a result of disease, insect infestations, and drought, further raising the risk of fire each year. (2) In addition, more than 70,000,000 acres across all land ownerships are at risk to higher than normal mortality over the next 15 years from insect infestation and disease. High levels of tree mortality from insects and disease result in increased fire risk, loss of old growth, degraded watershed conditions, and changes in species diversity and productivity, as well as diminished fish and wildlife habitat and decreased timber values. (3) Preventive treatments such as removing fuel loading, ladder fuels, and hazard trees, planting proper species mix and restoring and protecting early successional habitat, and other specific restoration treatments designed to reduce the susceptibility of forest land, woodland, and rangeland to insect outbreaks, disease, and catastrophic fire present the greatest opportunity for long-term forest health by creating a mosaic of species-mix and age distribution. Such prevention treatments are widely acknowledged to be more successful and cost effective than suppression treatments in the case of insects, disease, and fire. (4) The byproducts of preventive treatment (wood, brush, thinnings, chips, slash, and other hazardous fuels) removed from forest lands, woodlands and rangelands represent an abundant supply of biomass for biomass-to-energy facilities and raw material for business. There are currently few markets for the extraordinary volumes of byproducts being generated as a result of the necessary large-scale preventive treatment activities. (5) The United States should— (A) promote economic and entrepreneurial opportunities in using byproducts removed through preventive treatment activities related to hazardous fuels reduction, disease, and insect infestation; and (B) develop and expand markets for traditionally underused wood and biomass as an outlet for byproducts of preventive treatment activities. (b) Definitions \nIn this section: (1) Biomass \nThe term biomass means trees and woody plants, including limbs, tops, needles, and other woody parts, and byproducts of preventive treatment, such as wood, brush, thinnings, chips, and slash, that are removed— (A) to reduce hazardous fuels; or (B) to reduce the risk of or to contain disease or insect infestation. (2) Indian tribe \nThe term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ). (3) Person \nThe term person includes— (A) an individual; (B) a community (as determined by the Secretary concerned); (C) an Indian tribe; (D) a small business, micro-business, or a corporation that is incorporated in the United States; and (E) a nonprofit organization. (4) Preferred community \nThe term preferred community means— (A) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that— (i) has a population of not more than 50,000 individuals; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or (B) any county that— (i) is not contained within a metropolitan statistical area; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation. (5) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of Agriculture with respect to National Forest System lands; and (B) the Secretary of the Interior with respect to Federal lands under the jurisdiction of the Secretary of the Interior and Indian lands. (c) Biomass commercial use grant program \n(1) In General \nThe Secretary concerned may make grants to any person that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, transportation fuels, or substitutes for petroleum-based products to offset the costs incurred to purchase biomass for use by such facility. (2) Grant amounts \nA grant under this subsection may not exceed $20 per green ton of biomass delivered. (3) Monitoring of grant recipient activities \nAs a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility. (d) Improved biomass use grant program \n(1) In General \nThe Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities. (2) Selection \nThe Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy, opportunities for the creation or expansion of small businesses and micro-businesses, and the potential for new job creation. (3) Grant amount \nA grant under this subsection may not exceed $500,000. (e) Authorization of appropriations \nThere are authorized to be appropriated $50,000,000 for each of the fiscal years 2004 through 2014 to carry out this section. (f) Report \nNot later than October 1, 2010, the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives a report describing the results of the grant programs authorized by this section. The report shall include the following: (1) An identification of the size, type, and the use of biomass by persons that receive grants under this section. (2) The distance between the land from which the biomass was removed and the facility that used the biomass. (3) The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.", "id": "H63DB95D1CBA349A097EB8641BCEB2E12", "header": "Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes" }, { "text": "207. Biobased products \nSection 9002(c)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102(c)(1) ) is amended by inserting or such items that comply with the regulations issued under section 103 of Public Law 100–556 ( 42 U.S.C. 6914b–1 ) after practicable.", "id": "HCCACD1A180FB48000016594B7300A0CE", "header": "Biobased products" }, { "text": "211. Short title \nThis subtitle may be cited as the John Rishel Geothermal Steam Act Amendments of 2004.", "id": "HF9861A967765443DA143E0B353A79301", "header": "Short title" }, { "text": "212. Competitive lease sale requirements \nSection 4 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003 ) is amended to read as follows: 4. Leasing procedures \n(a) Nominations \nThe Secretary shall accept nominations of lands to be leased at any time from qualified companies and individuals under this Act. (b) Competitive lease sale required \nThe Secretary shall hold a competitive lease sale at least once every 2 years for lands in a State which has nominations pending under subsection (a) if such lands are otherwise available for leasing. (c) Noncompetitive leasing \nThe Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held, but for which the Secretary does not receive any bids in a competitive lease sale. (d) Leases sold as a block \nIf information is available to the Secretary indicating a geothermal resource that could be produced as 1 unit can reasonably be expected to underlie more than 1 parcel to be offered in a competitive lease sale, the parcels for such a resource may be offered for bidding as a block in the competitive lease sale. (e) Pending lease applications on April 1, 2003 \nIt shall be a priority for the Secretary of the Interior, and for the Secretary of Agriculture with respect to National Forest Systems lands, to ensure timely completion of administrative actions necessary to process applications for geothermal leasing pending on April 1, 2003. Such an application, and any lease issued pursuant to such an application— (1) except as provided in paragraph (2), shall be subject to this section as in effect on April 1, 2003; or (2) at the election of the applicant, shall be subject to this section as in effect on the effective date of this paragraph..", "id": "HB173941DFF79437FBFD3CCCA42C748BF", "header": "Competitive lease sale requirements" }, { "text": "4. Leasing procedures \n(a) Nominations \nThe Secretary shall accept nominations of lands to be leased at any time from qualified companies and individuals under this Act. (b) Competitive lease sale required \nThe Secretary shall hold a competitive lease sale at least once every 2 years for lands in a State which has nominations pending under subsection (a) if such lands are otherwise available for leasing. (c) Noncompetitive leasing \nThe Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held, but for which the Secretary does not receive any bids in a competitive lease sale. (d) Leases sold as a block \nIf information is available to the Secretary indicating a geothermal resource that could be produced as 1 unit can reasonably be expected to underlie more than 1 parcel to be offered in a competitive lease sale, the parcels for such a resource may be offered for bidding as a block in the competitive lease sale. (e) Pending lease applications on April 1, 2003 \nIt shall be a priority for the Secretary of the Interior, and for the Secretary of Agriculture with respect to National Forest Systems lands, to ensure timely completion of administrative actions necessary to process applications for geothermal leasing pending on April 1, 2003. Such an application, and any lease issued pursuant to such an application— (1) except as provided in paragraph (2), shall be subject to this section as in effect on April 1, 2003; or (2) at the election of the applicant, shall be subject to this section as in effect on the effective date of this paragraph.", "id": "H9E93C9F261F0443180D7A48B7600DCF9", "header": "Leasing procedures" }, { "text": "213. Direct use \n(a) Fees for direct use \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is amended— (1) in paragraph (c) by redesignating subparagraphs (1) and (2) as subparagraphs (A) and (B); (2) by redesignating paragraphs (a) through (d) in order as paragraphs (1) through (4); (3) by inserting (a) In General.— after Sec. 5. ; and (4) by adding at the end the following: (b) Direct use \nNotwithstanding subsection (a)(1), with respect to the direct use of geothermal resources for purposes other than the commercial generation of electricity, the Secretary of the Interior shall establish a schedule of fees and collect fees pursuant to such a schedule in lieu of royalties based upon the total amount of the geothermal resources used. The schedule of fees shall ensure that there is a fair return to the public for the use of a geothermal resource based upon comparable fees charged for direct use of geothermal resources by States or private persons. For direct use by a State or local government for public purposes there shall be no royalty and the fee charged shall be nominal. Leases in existence on the date of enactment of the Energy Policy Act of 2003 shall be modified in order to reflect the provisions of this subsection.. (b) Leasing for direct use \nSection 4 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003 ) is further amended by adding at the end the following: (f) Leasing for direct use of Geothermal resources \nLands leased under this Act exclusively for direct use of geothermal resources shall be leased to any qualified applicant who first applies for such a lease under regulations issued by the Secretary, if— (1) the Secretary publishes a notice of the lands proposed for leasing 60 days before the date of the issuance of the lease; and (2) the Secretary does not receive in the 60-day period beginning on the date of such publication any nomination to include the lands concerned in the next competitive lease sale. (g) Area subject to lease for direct use \nA geothermal lease for the direct use of geothermal resources shall embrace not more than the amount of acreage determined by the Secretary to be reasonably necessary for such proposed utilization.. (c) Existing leases with a direct use facility \n(1) Application to convert \nAny lessee under a lease under the Geothermal Steam Act of 1970 that was issued before the date of the enactment of this Act may apply to the Secretary of the Interior, by not later than 18 months after the date of the enactment of this Act, to convert such lease to a lease for direct utilization of geothermal resources in accordance with the amendments made by this section. (2) Conversion \nThe Secretary shall approve such an application and convert such a lease to a lease in accordance with the amendments by not later than 180 days after receipt of such application, unless the Secretary determines that the applicant is not a qualified applicant with respect to the lease. (3) Application of new lease terms \nThe amendment made by subsection (a)(4) shall apply with respect to payments under a lease converted under this subsection that are due and owing to the United States on or after July 16, 2003.", "id": "HC72A8CE2228C42439E23A5EFF2BD7586", "header": "Direct use" }, { "text": "214. Royalties and near-term production incentives \n(a) Royalty \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended— (1) in subsection (a) by striking paragraph (1) and inserting the following: (1) a royalty on electricity produced using geothermal steam and associated geothermal resources, other than direct use of geothermal resources, that shall be— (A) not less than 1 percent and not more than 2.5 percent of the gross proceeds from the sale of electricity produced from such resources during the first 10 years of production under the lease; and (B) not less than 2 and not more than 5 percent of the gross proceeds from the sale of electricity produced from such resources during each year after such 10-year period; ; and (2) by adding at the end the following: (c) Final regulation establishing royalty rates \nIn issuing any final regulation establishing royalty rates under this section, the Secretary shall seek— (1) to provide lessees a simplified administrative system; (2) to encourage new development; and (3) to achieve the same long-term level of royalty revenues to States and counties as the regulation in effect on the date of enactment of this subsection. (d) Credits for in-kind payments of electricity \nThe Secretary may provide to a lessee a credit against royalties owed under this Act, in an amount equal to the value of electricity provided under contract to a State or county government that is entitled to a portion of such royalties under section 20 of this Act, section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ), or section 6 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 355 ), if— (1) the Secretary has approved in advance the contract between the lessee and the State or county government for such in-kind payments; (2) the contract establishes a specific methodology to determine the value of such credits; and (3) the maximum credit will be equal to the royalty value owed to the State or county that is a party to the contract and the electricity received will serve as the royalty payment from the Federal Government to that entity.. (b) Disposal of moneys from sales, bonuses, royalties, and rentals \nSection 20 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1019 ) is amended to read as follows: 20. Disposal of moneys from sales, bonuses, rentals, and royalties \n(a) In General \nExcept with respect to lands in the State of Alaska, all monies received by the United States from sales, bonuses, rentals, and royalties under this Act shall be paid into the Treasury of the United States. Of amounts deposited under this subsection, subject to the provisions of section 35 of the Mineral Leasing Act ( 30 U.S.C. 191(b) ) and section 5(a)(2) of this Act— (1) 50 percent shall be paid to the State within the boundaries of which the leased lands or geothermal resources are or were located; and (2) 25 percent shall be paid to the County within the boundaries of which the leased lands or geothermal resources are or were located. (b) Use of payments \nAmounts paid to a State or county under subsection (a) shall be used consistent with the terms of section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ).. (c) Near-term production incentive for existing leases \n(1) In General \nNotwithstanding section 5(a) of the Geothermal Steam Act of 1970, the royalty required to be paid shall be 50 percent of the amount of the royalty otherwise required, on any lease issued before the date of enactment of this Act that does not convert to new royalty terms under subsection (e)— (A) with respect to commercial production of energy from a facility that begins such production in the 6-year period beginning on the date of the enactment of this Act; or (B) on qualified expansion geothermal energy. (2) 4-year application \nParagraph (1) applies only to new commercial production of energy from a facility in the first 4 years of such production. (d) Definition of qualified expansion Geothermal energy \nIn this section, the term qualified expansion geothermal energy means geothermal energy produced from a generation facility for which— (1) the production is increased by more than 10 percent as a result of expansion of the facility carried out in the 6-year period beginning on the date of the enactment of this Act; and (2) such production increase is greater than 10 percent of the average production by the facility during the 5-year period preceding the expansion of the facility. (e) Royalty under existing leases \n(1) In General \nAny lessee under a lease issued under the Geothermal Steam Act of 1970 before the date of the enactment of this Act may modify the terms of the lease relating to payment of royalties to comply with the amendment made by subsection (a), by applying to the Secretary of the Interior by not later than 18 months after the date of the enactment of this Act. (2) Application of modification \nSuch modification shall apply to any use of geothermal steam and any associated geothermal resources to which the amendment applies that occurs after the date of that application. (3) Consultation \nThe Secretary— (A) shall consult with the State and local governments affected by any proposed changes in lease royalty terms under this subsection; and (B) may establish a gross proceeds percentage within the range specified in the amendment made by subsection (a)(1) and with the concurrence of the lessee and the State.", "id": "H3E7E7AB68AB34386A4B1F3006D9323E7", "header": "Royalties and near-term production incentives" }, { "text": "20. Disposal of moneys from sales, bonuses, rentals, and royalties \n(a) In General \nExcept with respect to lands in the State of Alaska, all monies received by the United States from sales, bonuses, rentals, and royalties under this Act shall be paid into the Treasury of the United States. Of amounts deposited under this subsection, subject to the provisions of section 35 of the Mineral Leasing Act ( 30 U.S.C. 191(b) ) and section 5(a)(2) of this Act— (1) 50 percent shall be paid to the State within the boundaries of which the leased lands or geothermal resources are or were located; and (2) 25 percent shall be paid to the County within the boundaries of which the leased lands or geothermal resources are or were located. (b) Use of payments \nAmounts paid to a State or county under subsection (a) shall be used consistent with the terms of section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ).", "id": "HDFDD47D3FF9744C898A190EB79E20905", "header": "Disposal of moneys from sales, bonuses, rentals, and royalties" }, { "text": "215. Geothermal leasing and permitting on Federal lands \n(a) In General \nNot later than 180 days after the date of the enactment of this section, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to Congress a memorandum of understanding in accordance with this section regarding leasing and permitting for geothermal development of public lands and National Forest System lands under their respective jurisdictions. (b) Lease and permit applications \nThe memorandum of understanding shall— (1) identify areas with geothermal potential on lands included in the National Forest System and, when necessary, require review of management plans to consider leasing under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) as a land use; and (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and time limits for application procession. (c) Data retrieval system \nThe memorandum of understanding shall establish a joint data retrieval system that is capable of tracking lease and permit applications and providing to the applicant information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.", "id": "HA4D38A680ED840E0B6C59B98813324FC", "header": "Geothermal leasing and permitting on Federal lands" }, { "text": "216. Review and report to Congress \nThe Secretary of the Interior shall promptly review and report to Congress not later than 3 years after the date of the enactment of this Act regarding the status of all withdrawals from leasing under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) of Federal lands, specifying for each such area whether the basis for such withdrawal still applies.", "id": "H1BEF375968A94880A9CD97BEF7B65541", "header": "Review and report to Congress" }, { "text": "217. Reimbursement for costs of NEPA analyses, documentation, and studies \n(a) In General \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Reimbursement for costs of certain analyses, documentation, and studies \n(a) In General \nThe Secretary of the Interior may reimburse a person that is a lessee, operator, operating rights owner, or applicant for any lease under this Act for reasonable amounts paid by the person for preparation for the Secretary by a contractor or other person selected by the Secretary of any project-level analysis, documentation, or related study required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the costs voluntarily; (3) the person maintains records of its costs in accordance with regulations issued by the Secretary; (4) the reimbursement is in the form of a reduction in the Federal share of the royalty required to be paid for the lease for which the analysis, documentation, or related study is conducted, and is agreed to by the Secretary and the person reimbursed prior to commencing the analysis, documentation, or related study; and (5) the agreement required under paragraph (4) contains provisions— (A) reducing royalties owed on lease production based on market prices; (B) stipulating an automatic termination of the royalty reduction upon recovery of documented costs; and (C) providing a process by which the lessee may seek reimbursement for circumstances in which production from the specified lease is not possible.. (b) Application \nThe amendment made by this section shall apply with respect to an analysis, documentation, or a related study conducted on or after the date of enactment of this Act for any lease entered into before, on, or after the date of enactment of this Act. (c) Deadline for regulations \nThe Secretary shall issue regulations implementing the amendment made by this section by not later than 1 year after the date of enactment of this Act.", "id": "H017F60ACAF5E4711BE1B6699F4E2E5A8", "header": "Reimbursement for costs of NEPA analyses, documentation, and studies" }, { "text": "30. Reimbursement for costs of certain analyses, documentation, and studies \n(a) In General \nThe Secretary of the Interior may reimburse a person that is a lessee, operator, operating rights owner, or applicant for any lease under this Act for reasonable amounts paid by the person for preparation for the Secretary by a contractor or other person selected by the Secretary of any project-level analysis, documentation, or related study required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the costs voluntarily; (3) the person maintains records of its costs in accordance with regulations issued by the Secretary; (4) the reimbursement is in the form of a reduction in the Federal share of the royalty required to be paid for the lease for which the analysis, documentation, or related study is conducted, and is agreed to by the Secretary and the person reimbursed prior to commencing the analysis, documentation, or related study; and (5) the agreement required under paragraph (4) contains provisions— (A) reducing royalties owed on lease production based on market prices; (B) stipulating an automatic termination of the royalty reduction upon recovery of documented costs; and (C) providing a process by which the lessee may seek reimbursement for circumstances in which production from the specified lease is not possible.", "id": "H6FE1833AA28546C8945B9917DCBBA3", "header": "Reimbursement for costs of certain analyses, documentation, and studies" }, { "text": "218. Assessment of Geothermal energy potential \nThe Secretary of Interior, acting through the Director of the United States Geological Survey and in cooperation with the States, shall update the 1978 Assessment of Geothermal Resources, and submit that updated assessment to Congress— (1) not later than 3 years after the date of enactment of this Act; and (2) thereafter as the availability of data and developments in technology warrant.", "id": "HE444DC06F83843E9B5002FE6CBDD8553", "header": "Assessment of Geothermal energy potential" }, { "text": "219. Cooperative or Unit plans \nSection 18 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1017 ) is amended to read as follows: 18. Unit and communitization agreements \n(a) Adoption of units by lessees \n(1) In General \nFor the purpose of more properly conserving the natural resources of any geothermal reservoir, field, or like area, or any part thereof (whether or not any part of the geothermal field, or like area, is then subject to any Unit Agreement (cooperative plan of development or operation)), lessees thereof and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a Unit Agreement for such field, or like area, or any part thereof including direct use resources, if determined and certified by the Secretary to be necessary or advisable in the public interest. A majority interest of owners of any single lease shall have the authority to commit that lease to a Unit Agreement. The Secretary of the Interior may also initiate the formation of a Unit Agreement if in the public interest. (2) Modification of lease requirements by Secretary \nThe Secretary may, in the discretion of the Secretary, and with the consent of the holders of leases involved, establish, alter, change, or revoke rates of operations (including drilling, operations, production, and other requirements) of such leases and make conditions with reference to such leases, with the consent of the lessees, in connection with the creation and operation of any such Unit Agreement as the Secretary may deem necessary or proper to secure the proper protection of the public interest. Leases with unlike lease terms or royalty rates do not need to be modified to be in the same unit. (b) Requirement of plans under new leases \nThe Secretary— (1) may provide that geothermal leases issued under this Act shall contain a provision requiring the lessee to operate under such a reasonable Unit Agreement; and (2) may prescribe such an Agreement under which such lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States. (c) Modification of rate of prospecting, development, and production \nThe Secretary may require that any Agreement authorized by this section that applies to lands owned by the United States contain a provision under which authority is vested in the Secretary, or any person, committee, or State or Federal officer or agency as may be designated in the Agreement to alter or modify from time to time the rate of prospecting and development and the quantity and rate of production under such an Agreement. (d) Exclusion from determination of holding or control \nAny lands that are subject to any Agreement approved or prescribed by the Secretary under this section shall not be considered in determining holdings or control under any provision of this Act. (e) Pooling of certain lands \nIf separate tracts of lands cannot be independently developed and operated to use geothermal steam and associated geothermal resources pursuant to any section of this Act— (1) such lands, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, for purposes of development and operation under a Communitization Agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the production unit, if such pooling is determined by the Secretary to be in the public interest; and (2) operation or production pursuant to such an Agreement shall be treated as operation or production with respect to each tract of land that is subject to the agreement. (f) Unit Agreement review \nNo more than 5 years after approval of any cooperative or Unit Agreement and at least every 5 years thereafter, the Secretary shall review each such Agreement and, after notice and opportunity for comment, eliminate from inclusion in such Agreement any lands that the Secretary determines are not reasonably necessary for Unit operations under the Agreement. Such elimination shall be based on scientific evidence, and shall occur only if it is determined by the Secretary to be for the purpose of conserving and properly managing the geothermal resource. Any land so eliminated shall be eligible for an extension under subsection (g) of section 6 if it meets the requirements for such an extension. (g) Drilling or development contracts \nThe Secretary may, on such conditions as the Secretary may prescribe, approve drilling or development contracts made by 1 or more lessees of geothermal leases, with 1 or more persons, associations, or corporations if, in the discretion of the Secretary, the conservation of natural resources or the public convenience or necessity may require or the interests of the United States may be best served thereby. All leases operated under such approved drilling or development contracts, and interests thereunder, shall be excepted in determining holdings or control under section 7. (h) Coordination with State governments \nThe Secretary shall coordinate unitization and pooling activities with the appropriate State agencies and shall ensure that State leases included in any unitization or pooling arrangement are treated equally with Federal leases..", "id": "H39AA4C1FFE634CD985B06670D24674C5", "header": "Cooperative or Unit plans" }, { "text": "18. Unit and communitization agreements \n(a) Adoption of units by lessees \n(1) In General \nFor the purpose of more properly conserving the natural resources of any geothermal reservoir, field, or like area, or any part thereof (whether or not any part of the geothermal field, or like area, is then subject to any Unit Agreement (cooperative plan of development or operation)), lessees thereof and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a Unit Agreement for such field, or like area, or any part thereof including direct use resources, if determined and certified by the Secretary to be necessary or advisable in the public interest. A majority interest of owners of any single lease shall have the authority to commit that lease to a Unit Agreement. The Secretary of the Interior may also initiate the formation of a Unit Agreement if in the public interest. (2) Modification of lease requirements by Secretary \nThe Secretary may, in the discretion of the Secretary, and with the consent of the holders of leases involved, establish, alter, change, or revoke rates of operations (including drilling, operations, production, and other requirements) of such leases and make conditions with reference to such leases, with the consent of the lessees, in connection with the creation and operation of any such Unit Agreement as the Secretary may deem necessary or proper to secure the proper protection of the public interest. Leases with unlike lease terms or royalty rates do not need to be modified to be in the same unit. (b) Requirement of plans under new leases \nThe Secretary— (1) may provide that geothermal leases issued under this Act shall contain a provision requiring the lessee to operate under such a reasonable Unit Agreement; and (2) may prescribe such an Agreement under which such lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States. (c) Modification of rate of prospecting, development, and production \nThe Secretary may require that any Agreement authorized by this section that applies to lands owned by the United States contain a provision under which authority is vested in the Secretary, or any person, committee, or State or Federal officer or agency as may be designated in the Agreement to alter or modify from time to time the rate of prospecting and development and the quantity and rate of production under such an Agreement. (d) Exclusion from determination of holding or control \nAny lands that are subject to any Agreement approved or prescribed by the Secretary under this section shall not be considered in determining holdings or control under any provision of this Act. (e) Pooling of certain lands \nIf separate tracts of lands cannot be independently developed and operated to use geothermal steam and associated geothermal resources pursuant to any section of this Act— (1) such lands, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, for purposes of development and operation under a Communitization Agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the production unit, if such pooling is determined by the Secretary to be in the public interest; and (2) operation or production pursuant to such an Agreement shall be treated as operation or production with respect to each tract of land that is subject to the agreement. (f) Unit Agreement review \nNo more than 5 years after approval of any cooperative or Unit Agreement and at least every 5 years thereafter, the Secretary shall review each such Agreement and, after notice and opportunity for comment, eliminate from inclusion in such Agreement any lands that the Secretary determines are not reasonably necessary for Unit operations under the Agreement. Such elimination shall be based on scientific evidence, and shall occur only if it is determined by the Secretary to be for the purpose of conserving and properly managing the geothermal resource. Any land so eliminated shall be eligible for an extension under subsection (g) of section 6 if it meets the requirements for such an extension. (g) Drilling or development contracts \nThe Secretary may, on such conditions as the Secretary may prescribe, approve drilling or development contracts made by 1 or more lessees of geothermal leases, with 1 or more persons, associations, or corporations if, in the discretion of the Secretary, the conservation of natural resources or the public convenience or necessity may require or the interests of the United States may be best served thereby. All leases operated under such approved drilling or development contracts, and interests thereunder, shall be excepted in determining holdings or control under section 7. (h) Coordination with State governments \nThe Secretary shall coordinate unitization and pooling activities with the appropriate State agencies and shall ensure that State leases included in any unitization or pooling arrangement are treated equally with Federal leases.", "id": "H5B3BAEB555664F13B29B6C30144B8EA4", "header": "Unit and communitization agreements" }, { "text": "220. Royalty on byproducts \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended in subsection (a) by striking paragraph (2) and inserting the following: (2) a royalty on any byproduct that is a mineral named in the first section of the Mineral Leasing Act ( 30 U.S.C. 181 ), and that is derived from production under the lease, at the rate of the royalty that applies under that Act to production of such mineral under a lease under that Act;.", "id": "H23E20C906169414285346CC136BC11DA", "header": "Royalty on byproducts" }, { "text": "221. Repeal of authorities of Secretary to readjust terms, conditions, rentals, and royalties \nSection 8 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1007 ) is amended by repealing subsection (b), and by redesignating subsection (c) as subsection (b).", "id": "H7B2E2011D3374ECF9053BCA38EA401EB", "header": "Repeal of authorities of Secretary to readjust terms, conditions, rentals, and royalties" }, { "text": "222. Crediting of rental toward royalty \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended— (1) in subsection (a)(2) by inserting and after the semicolon at the end; (2) in subsection (a)(3) by striking ; and and inserting a period; (3) by striking paragraph (4) of subsection (a); and (4) by adding at the end the following: (e) Crediting of rental toward royalty \nAny annual rental under this section that is paid with respect to a lease before the first day of the year for which the annual rental is owed shall be credited to the amount of royalty that is required to be paid under the lease for that year..", "id": "H909F805888134B6FB927ED00DD889444", "header": "Crediting of rental toward royalty" }, { "text": "223. Lease duration and work commitment requirements \nSection 6 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1005 ) is amended— (1) by striking so much as precedes subsection (c), and striking subsections (e), (g), (h), (i), and (j); (2) by redesignating subsections (c), (d), and (f) in order as subsections (g), (h), and (i); and (3) by inserting before subsection (g), as so redesignated, the following: 6. Lease term and work commitment requirements \n(a) In General \n(1) Primary term \nA geothermal lease shall be for a primary term of 10 years. (2) Initial extension \nThe Secretary shall extend the primary term of a geothermal lease for 5 years if, for each year after the fifth year of the lease— (A) the Secretary determined under subsection (c) that the lessee satisfied the work commitment requirements that applied to the lease for that year; or (B) the lessee paid in accordance with subsection (d) the value of any work that was not completed in accordance with those requirements. (3) Additional extension \nThe Secretary shall extend the primary term of a geothermal lease (after an initial extension under paragraph (2)) for an additional 5 years if, for each year of the initial extension under paragraph (2), the Secretary determined under subsection (c) that the lessee satisfied the work commitment requirements that applied to the lease for that year. (b) Requirement to satisfy annual work commitment requirement \n(1) In General \nThe lessee for a geothermal lease shall, for each year after the fifth year of the lease, satisfy work commitment requirements prescribed by the Secretary that apply to the lease for that year. (2) Prescription of work commitment requirements \nThe Secretary shall issue regulations prescribing minimum equivalent dollar value work commitment requirements for geothermal leases, that— (A) require that a lessee, in each year after the fifth year of the primary term of a geothermal lease, diligently work to achieve commercial production or utilization of steam under the lease; (B) require that in each year to which work commitment requirements under the regulations apply, the lessee shall significantly reduce the amount of work that remains to be done to achieve such production or utilization; (C) describe specific work that must be completed by a lessee by the end of each year to which the work commitment requirements apply and factors, such as force majeure events, that suspend or modify the work commitment obligation; (D) carry forward and apply to work commitment requirements for a year, work completed in any year in the preceding 3-year period that was in excess of the work required to be performed in that preceding year; (E) establish transition rules for leases issued before the date of the enactment of this subsection, including terms under which a lease that is near the end of its term on the date of enactment of this subsection may be extended for up to 2 years— (i) to allow achievement of production under the lease; or (ii) to allow the lease to be included in a producing unit; and (F) establish an annual payment that, at the option of the lessee, may be exercised in lieu of meeting any work requirement for a limited number of years that the Secretary determines will not impair achieving diligent development of the geothermal resource. (3) Termination of application of requirements \nWork commitment requirements prescribed under this subsection shall not apply to a geothermal lease after the date on which geothermal steam is produced or utilized under the lease in commercial quantities. (c) Determination of whether requirements satisfied \nThe Secretary shall, by not later than 90 days after the end of each year for which work commitment requirements under subsection (b) apply to a geothermal lease— (1) determine whether the lessee has satisfied the requirements that apply for that year; (2) notify the lessee of that determination; and (3) in the case of a notification that the lessee did not satisfy work commitment requirements for the year, include in the notification— (A) a description of the specific work that was not completed by the lessee in accordance with the requirements; and (B) the amount of the dollar value of such work that was not completed, reduced by the amount of expenditures made for work completed in a prior year that is carried forward pursuant to subsection (b)(2)(D). (d) Payment of value of uncompleted work \n(1) In General \nIf the Secretary notifies a lessee that the lessee failed to satisfy work commitment requirements under subsection (b), the lessee shall pay to the Secretary, by not later than the end of the 60-day period beginning on the date of the notification, the dollar value of work that was not completed by the lessee, in the amount stated in the notification (as reduced under subsection (c)(3)(B)). (2) Failure to pay value of uncompleted work \nIf a lessee fails to pay such amount to the Secretary before the end of that period, the lease shall terminate upon the expiration of the period. (e) Continuation after commercial production or utilization \nIf geothermal steam is produced or utilized in commercial quantities within the primary term of the lease under subsection (a) (including any extension of the lease under subsection (a)), such lease shall continue until the date on which geothermal steam is no longer produced or utilized in commercial quantities. (f) Conversion of Geothermal lease to mineral lease \nThe lessee under a lease that has produced geothermal steam for electrical generation, has been determined by the Secretary to be incapable of any further commercial production or utilization of geothermal steam, and that is producing any valuable byproduct in payable quantities may, within 6 months after such determination— (1) convert the lease to a mineral lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or under the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), if the lands that are subject to the lease can be leased under that Act for the production of such byproduct; or (2) convert the lease to a mining claim under the general mining laws, if the byproduct is a locatable mineral..", "id": "H8FD63BCC04C047D092BA6B5930382900", "header": "Lease duration and work commitment requirements" }, { "text": "6. Lease term and work commitment requirements \n(a) In General \n(1) Primary term \nA geothermal lease shall be for a primary term of 10 years. (2) Initial extension \nThe Secretary shall extend the primary term of a geothermal lease for 5 years if, for each year after the fifth year of the lease— (A) the Secretary determined under subsection (c) that the lessee satisfied the work commitment requirements that applied to the lease for that year; or (B) the lessee paid in accordance with subsection (d) the value of any work that was not completed in accordance with those requirements. (3) Additional extension \nThe Secretary shall extend the primary term of a geothermal lease (after an initial extension under paragraph (2)) for an additional 5 years if, for each year of the initial extension under paragraph (2), the Secretary determined under subsection (c) that the lessee satisfied the work commitment requirements that applied to the lease for that year. (b) Requirement to satisfy annual work commitment requirement \n(1) In General \nThe lessee for a geothermal lease shall, for each year after the fifth year of the lease, satisfy work commitment requirements prescribed by the Secretary that apply to the lease for that year. (2) Prescription of work commitment requirements \nThe Secretary shall issue regulations prescribing minimum equivalent dollar value work commitment requirements for geothermal leases, that— (A) require that a lessee, in each year after the fifth year of the primary term of a geothermal lease, diligently work to achieve commercial production or utilization of steam under the lease; (B) require that in each year to which work commitment requirements under the regulations apply, the lessee shall significantly reduce the amount of work that remains to be done to achieve such production or utilization; (C) describe specific work that must be completed by a lessee by the end of each year to which the work commitment requirements apply and factors, such as force majeure events, that suspend or modify the work commitment obligation; (D) carry forward and apply to work commitment requirements for a year, work completed in any year in the preceding 3-year period that was in excess of the work required to be performed in that preceding year; (E) establish transition rules for leases issued before the date of the enactment of this subsection, including terms under which a lease that is near the end of its term on the date of enactment of this subsection may be extended for up to 2 years— (i) to allow achievement of production under the lease; or (ii) to allow the lease to be included in a producing unit; and (F) establish an annual payment that, at the option of the lessee, may be exercised in lieu of meeting any work requirement for a limited number of years that the Secretary determines will not impair achieving diligent development of the geothermal resource. (3) Termination of application of requirements \nWork commitment requirements prescribed under this subsection shall not apply to a geothermal lease after the date on which geothermal steam is produced or utilized under the lease in commercial quantities. (c) Determination of whether requirements satisfied \nThe Secretary shall, by not later than 90 days after the end of each year for which work commitment requirements under subsection (b) apply to a geothermal lease— (1) determine whether the lessee has satisfied the requirements that apply for that year; (2) notify the lessee of that determination; and (3) in the case of a notification that the lessee did not satisfy work commitment requirements for the year, include in the notification— (A) a description of the specific work that was not completed by the lessee in accordance with the requirements; and (B) the amount of the dollar value of such work that was not completed, reduced by the amount of expenditures made for work completed in a prior year that is carried forward pursuant to subsection (b)(2)(D). (d) Payment of value of uncompleted work \n(1) In General \nIf the Secretary notifies a lessee that the lessee failed to satisfy work commitment requirements under subsection (b), the lessee shall pay to the Secretary, by not later than the end of the 60-day period beginning on the date of the notification, the dollar value of work that was not completed by the lessee, in the amount stated in the notification (as reduced under subsection (c)(3)(B)). (2) Failure to pay value of uncompleted work \nIf a lessee fails to pay such amount to the Secretary before the end of that period, the lease shall terminate upon the expiration of the period. (e) Continuation after commercial production or utilization \nIf geothermal steam is produced or utilized in commercial quantities within the primary term of the lease under subsection (a) (including any extension of the lease under subsection (a)), such lease shall continue until the date on which geothermal steam is no longer produced or utilized in commercial quantities. (f) Conversion of Geothermal lease to mineral lease \nThe lessee under a lease that has produced geothermal steam for electrical generation, has been determined by the Secretary to be incapable of any further commercial production or utilization of geothermal steam, and that is producing any valuable byproduct in payable quantities may, within 6 months after such determination— (1) convert the lease to a mineral lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or under the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), if the lands that are subject to the lease can be leased under that Act for the production of such byproduct; or (2) convert the lease to a mining claim under the general mining laws, if the byproduct is a locatable mineral.", "id": "H2FDE1E205E89488BA0200433C272A7AC", "header": "Lease term and work commitment requirements" }, { "text": "224. Advanced royalties required for suspension of production \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended by adding at the end the following: (f) Advanced royalties required for suspension of production \n(1) Continuation of lease following cessation of production \nIf, at any time after commercial production under a lease is achieved, production ceases for any cause the lease shall remain in full force and effect— (A) during the 1-year period beginning on the date production ceases; and (B) after such period if, and so long as, the lessee commences and continues diligently and in good faith until such production is resumed the steps, operations, or procedures necessary to cause a resumption of such production. (2) If production of heat or energy under a geothermal lease is suspended after the date of any such production for which royalty is required under subsection (a) and the terms of paragraph (1) are not met, the Secretary shall require the lessee, until the end of such suspension, to pay royalty in advance at the monthly pro-rata rate of the average annual rate at which such royalty was paid each year in the 5-year-period preceding the date of suspension. (3) Paragraph (2) shall not apply if the suspension is required or otherwise caused by the Secretary, the Secretary of a military department, a State or local government, or a force majeure..", "id": "HE6FA82EEA8A54BB691DAC3BAACE4D3E5", "header": "Advanced royalties required for suspension of production" }, { "text": "225. Annual rental \n(a) Annual rental rate \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended in subsection (a) in paragraph (3) by striking $1 per acre or fraction thereof for each year of the lease and all that follows through the end of the paragraph and inserting $1 per acre or fraction thereof for each year of the lease through the tenth year in the case of a lease awarded in a noncompetitive lease sale; or $2 per acre or fraction thereof for the first year, $3 per acre or fraction thereof for each of the second through tenth years, in the case of a lease awarded in a competitive lease sale; and $5 per acre or fraction thereof for each year after the 10th year thereof for all leases.. (b) Termination of lease for failure to pay rental \nSection 5 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1004 ) is further amended by adding at the end the following: (g) Termination of lease for failure to pay rental \n(1) In General \nThe Secretary shall terminate any lease with respect to which rental is not paid in accordance with this Act and the terms of the lease under which the rental is required, upon the expiration of the 45-day period beginning on the date of the failure to pay such rental. (2) Notification \nThe Secretary shall promptly notify a lessee that has not paid rental required under the lease that the lease will be terminated at the end of the period referred to in paragraph (1). (3) Reinstatement \nA lease that would otherwise terminate under paragraph (1) shall not terminate under that paragraph if the lessee pays to the Secretary, before the end of the period referred to in paragraph (1), the amount of rental due plus a late fee equal to 10 percent of such amount..", "id": "HFAA249AADDD34B43BF84761D2BF93D00", "header": "Annual rental" }, { "text": "226. Leasing and permitting on Federal lands withdrawn for military purposes \nNot later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Defense, in consultation with each military service and with interested States, counties, representatives of the geothermal industry, and other persons, shall submit to Congress a joint report concerning leasing and permitting activities for geothermal energy on Federal lands withdrawn for military purposes. Such report shall include the following: (1) A description of the Military Geothermal Program, including any differences between it and the non-Military Geothermal Program, including required security procedures, and operational considerations, and discussions as to the differences, and why they are important. Further, the report shall describe revenues or energy provided to the Department of Defense and its facilities, royalty structures, where applicable, and any revenue sharing with States and counties or other benefits between— (A) the implementation of the Geothermal Steam Act of 1970 (30 U.S.C 1001 et seq.) and other applicable Federal law by the Secretary of the Interior; and (B) the administration of geothermal leasing under section 2689 of title 10, United States Code, by the Secretary of Defense. (2) If appropriate, a description of the current methods and procedures used to ensure interagency coordination, where needed, in developing renewable energy sources on Federal lands withdrawn for military purposes, and an identification of any new procedures that might be required in the future for the improvement of interagency coordination to ensure efficient processing and administration of leases or contracts for geothermal energy on Federal lands withdrawn for military purposes, consistent with the defense purposes of such withdrawals. (3) Recommendations for any legislative or administrative actions that might better achieve increased geothermal production, including a common royalty structure, leasing procedures, or other changes that increase production, offset military operation costs, or enhance the Federal agencies’ ability to develop geothermal resources. Except as provided in this section, nothing in this subtitle shall affect the legal status of the Department of the Interior and the Department of the Defense with respect to each other regarding geothermal leasing and development until such status is changed by law.", "id": "H8312974431614257BA4C4C5F00A3719B", "header": "Leasing and permitting on Federal lands withdrawn for military purposes" }, { "text": "227. Technical amendments \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is further amended as follows: (1) By striking geothermal steam and associated geothermal resources each place it appears and inserting geothermal resources. (2) Section 2(e) ( 30 U.S.C. 1001(e) ) is amended to read as follows: (e) direct use means utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity; and. (3) Section 21 ( 30 U.S.C. 1020 ) is amended by striking (a) Within one hundred and all that follows through (b) Geothermal and inserting Geothermal. (4) The first section ( 30 U.S.C. 1001 note) is amended by striking That this and inserting the following: 1. Short title \nThis. (5) Section 2 ( 30 U.S.C. 1001 ) is amended by striking Sec. 2. As and inserting the following: 2. Definitions \nAs. (6) Section 3 ( 30 U.S.C. 1002 ) is amended by striking Sec. 3. Subject and inserting the following: 3. lands subject to Geothermal leasing \nSubject. (7) Section 5 ( 30 U.S.C. 1004 ) is further amended by striking Sec. 5. , and by inserting immediately before and above subsection (a) the following: 5. Rents and royalties \n. (8) Section 7 ( 30 U.S.C. 1006 ) is amended by striking Sec. 7. A geothermal and inserting the following: 7. Acreage of Geothermal lease \nA geothermal. (9) Section 8 ( 30 U.S.C. 1007 ) is amended by striking Sec. 8. (a) The and inserting the following: 8. Readjustment of lease terms and conditions \n(a) The. (10) Section 9 ( 30 U.S.C. 1008 ) is amended by striking Sec. 9. If and inserting the following: 9. Byproducts \nIf. (11) Section 10 ( 30 U.S.C. 1009 ) is amended by striking Sec. 10. The and inserting the following: 10. Relinquishment of Geothermal rights \nThe. (12) Section 11 ( 30 U.S.C. 1010 ) is amended by striking Sec. 11. The and inserting the following: 11. Suspension of operations and production \nThe. (13) Section 12 ( 30 U.S.C. 1011 ) is amended by striking Sec. 12. Leases and inserting the following: 12. Termination of leases \nLeases. (14) Section 13 ( 30 U.S.C. 1012 ) is amended by striking Sec. 13. The and inserting the following: 13. Waiver, suspension, or reduction of rental or royalty \nThe. (15) Section 14 ( 30 U.S.C. 1013 ) is amended by striking Sec. 14. Subject and inserting the following: 14. Surface land use \nSubject. (16) Section 15 ( 30 U.S.C. 1014 ) is amended by striking Sec. 15. (a) Geothermal and inserting the following: 15. Lands subject to Geothermal leasing \n(a) Geothermal. (17) Section 16 ( 30 U.S.C. 1015 ) is amended by striking Sec. 16. Leases and inserting the following: 16. Requirement for lessees \nLeases. (18) Section 17 ( 30 U.S.C. 1016 ) is amended by striking Sec. 17. Administration and inserting the following: 17. Administration \nAdministration. (19) Section 19 ( 30 U.S.C. 1018 ) is amended by striking Sec. 19. Upon and inserting the following: 19. Data from Federal agencies \nUpon. (20) Section 21 ( 30 U.S.C. 1020 ) is further amended by striking Sec. 21. , and by inserting immediately before and above the remainder of that section the following: 21. Publication in Federal register; reservation of mineral rights \n. (21) Section 22 ( 30 U.S.C. 1021 ) is amended by striking Sec. 22. Nothing and inserting the following: 22. Federal exemption from State water laws \nNothing. (22) Section 23 ( 30 U.S.C. 1022 ) is amended by striking Sec. 23. (a) All and inserting the following: 23. Prevention of waste; exclusivity \n(a) All. (23) Section 24 ( 30 U.S.C. 1023 ) is amended by striking Sec. 24. The and inserting the following: 24. Rules and regulations \nThe. (24) Section 25 ( 30 U.S.C. 1024 ) is amended by striking Sec. 25. As and inserting the following: 25. Inclusion of Geothermal leasing under certain other laws \nAs. (25) Section 26 is amended by striking Sec. 26. The and inserting the following: 26. Amendment \nThe. (26) Section 27 ( 30 U.S.C. 1025 ) is amended by striking Sec. 27. The and inserting the following: 27. Federal reservation of certain mineral rights \nThe. (27) Section 28 ( 30 U.S.C. 1026 ) is amended by striking Sec. 28. (a)(1) The and inserting the following: 28. Significant thermal features \n(a) (1) The. (28) Section 29 ( 30 U.S.C. 1027 ) is amended by striking Sec. 29. The and inserting the following: 29. Land subject to prohibition on leasing \nThe.", "id": "H5D524F73501F464E86A2A5B257B0842E", "header": "Technical amendments" }, { "text": "1. Short title \nThis", "id": "H4C570A25ECF340C59BD47FE06198A07C", "header": "Short title" }, { "text": "2. Definitions \nAs", "id": "HE4D63DFA7CB44747B8D3936064F40013", "header": "Definitions" }, { "text": "3. lands subject to Geothermal leasing \nSubject", "id": "HE93FB8B054764DC68947C300BD1C3C00", "header": ". lands subject to Geothermal leasing" }, { "text": "5. Rents and royalties", "id": "H09C133C929C0400984A666BB6D1E4D7B", "header": "Rents and royalties" }, { "text": "7. Acreage of Geothermal lease \nA geothermal", "id": "H1DCCA1CD96484CEBAC00A5D86C149938", "header": "Acreage of Geothermal lease" }, { "text": "8. Readjustment of lease terms and conditions \n(a) The", "id": "H3DF037AFF2B443E08B24272D22028C4C", "header": "Readjustment of lease terms and conditions" }, { "text": "9. Byproducts \nIf", "id": "H152F0EC219A34BFC917E0194D500EE34", "header": "Byproducts" }, { "text": "10. Relinquishment of Geothermal rights \nThe", "id": "H6C7CAF3639744B5EBE94006DADE391F", "header": "Relinquishment of Geothermal rights" }, { "text": "11. Suspension of operations and production \nThe", "id": "HD2D50F305E7E4F9AA362CF6195E9E37", "header": "Suspension of operations and production" }, { "text": "12. Termination of leases \nLeases", "id": "HCFAC7B7B9FBE47618F0015AE22BB405E", "header": "Termination of leases" }, { "text": "13. Waiver, suspension, or reduction of rental or royalty \nThe", "id": "H222383F35CEA4C95B31329EC9942682", "header": "Waiver, suspension, or reduction of rental or royalty" }, { "text": "14. Surface land use \nSubject", "id": "H60B7C14366674B859998A509946BF450", "header": "Surface land use" }, { "text": "15. Lands subject to Geothermal leasing \n(a) Geothermal", "id": "HC545BC66271A49DD90F1E2E7E06BB3AE", "header": "Lands subject to Geothermal leasing" }, { "text": "16. Requirement for lessees \nLeases", "id": "H187008686CF54FF39E8617067B6067F9", "header": "Requirement for lessees" }, { "text": "17. Administration \nAdministration", "id": "HD8F5EEC5B8424A41B378221F88DC50D", "header": "Administration" }, { "text": "19. Data from Federal agencies \nUpon", "id": "H6720AF54FE71427CA755797E1402ADC5", "header": "Data from Federal agencies" }, { "text": "21. Publication in Federal register; reservation of mineral rights", "id": "H7A1510227ACB44168E70FCABA3FBD372", "header": "Publication in Federal register; reservation of mineral rights" }, { "text": "22. Federal exemption from State water laws \nNothing", "id": "HE9FDB9B1CC184D0383D932ED16C42430", "header": "Federal exemption from State water laws" }, { "text": "23. Prevention of waste; exclusivity \n(a) All", "id": "H9B0D771DEB804F54A4A7BC40DD73502D", "header": "Prevention of waste; exclusivity" }, { "text": "24. Rules and regulations \nThe", "id": "H4655C6D0D9EF450C9C497980C681DD05", "header": "Rules and regulations" }, { "text": "25. Inclusion of Geothermal leasing under certain other laws \nAs", "id": "H73CD7C81310041FEA4CE9FBC83238864", "header": "Inclusion of Geothermal leasing under certain other laws" }, { "text": "26. Amendment \nThe", "id": "H9CAE9525872048CFA320CCC203288FBB", "header": "Amendment" }, { "text": "27. Federal reservation of certain mineral rights \nThe", "id": "H9B938BED31C0402395C900DD3D114C29", "header": "Federal reservation of certain mineral rights" }, { "text": "28. Significant thermal features \n(a) (1) The", "id": "HC03196C3708A4BA19CAACE097F8245C5", "header": "Significant thermal features" }, { "text": "29. Land subject to prohibition on leasing \nThe", "id": "H2292821CD25B4B2DB8C07ABB3C7F6B", "header": "Land subject to prohibition on leasing" }, { "text": "231. Alternative conditions and fishways \n(a) Federal reservations \nSection 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) ) is amended by inserting after adequate protection and utilization of such reservation. at the end of the first proviso the following: The license applicant shall be entitled to a determination on the record, after opportunity for an expedited agency trial-type hearing of any disputed issues of material fact, with respect to such conditions. Such hearing may be conducted in accordance with procedures established by agency regulation in consultation with the Federal Energy Regulatory Commission.. (b) Fishways \nSection 18 of the Federal Power Act ( 16 U.S.C. 811 ) is amended by inserting after and such fishways as may be prescribed by the Secretary of Commerce. the following: The license applicant shall be entitled to a determination on the record, after opportunity for an expedited agency trial-type hearing of any disputed issues of material fact, with respect to such fishways. Such hearing may be conducted in accordance with procedures established by agency regulation in consultation with the Federal Energy Regulatory Commission.. (c) Alternative conditions and prescriptions \nPart I of the Federal Power Act ( 16 U.S.C. 791a et seq. ) is amended by adding the following new section at the end thereof: 33. Alternative conditions and prescriptions \n(a) Alternative conditions \n(1) Whenever any person applies for a license for any project works within any reservation of the United States, and the Secretary of the department under whose supervision such reservation falls (referred to in this subsection as the Secretary ) deems a condition to such license to be necessary under the first proviso of section 4(e), the license applicant may propose an alternative condition. (2) Notwithstanding the first proviso of section 4(e), the Secretary shall accept the proposed alternative condition referred to in paragraph (1), and the Commission shall include in the license such alternative condition, if the Secretary determines, based on substantial evidence provided by the license applicant or otherwise available to the Secretary, that such alternative condition— (A) provides for the adequate protection and utilization of the reservation; and (B) will either— (i) cost less to implement; or (ii) result in improved operation of the project works for electricity production, as compared to the condition initially deemed necessary by the Secretary. (3) The Secretary shall submit into the public record of the Commission proceeding with any condition under section 4(e) or alternative condition it accepts under this section, a written statement explaining the basis for such condition, and reason for not accepting any alternative condition under this section. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use; flood control; navigation; water supply; and air quality (in addition to the preservation of other aspects of environmental quality); based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary’s decision. (4) Nothing in this section shall prohibit other interested parties from proposing alternative conditions. (5) If the Secretary does not accept an applicant’s alternative condition under this section, and the Commission finds that the Secretary’s condition would be inconsistent with the purposes of this part, or other applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not provide for the adequate protection and utilization of the reservation. The Secretary shall submit the advisory and the Secretary’s final written determination into the record of the Commission’s proceeding. (b) Alternative prescriptions \n(1) Whenever the Secretary of the Interior or the Secretary of Commerce prescribes a fishway under section 18, the license applicant or licensee may propose an alternative to such prescription to construct, maintain, or operate a fishway. (2) Notwithstanding section 18, the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative referred to in paragraph (1), if the Secretary of the appropriate department determines, based on substantial evidence provided by the licensee or otherwise available to the Secretary, that such alternative— (A) will be no less protective than the fishway initially prescribed by the Secretary; and (B) will either— (i) cost less to implement; or (ii) result in improved operation of the project works for electricity production, as compared to the fishway initially deemed necessary by the Secretary. (3) The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under section 18 or alternative prescription it accepts under this section, a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this section. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use; flood control; navigation; water supply; and air quality (in addition to the preservation of other aspects of environmental quality); based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary’s decision. (4) Nothing in this section shall prohibit other interested parties from proposing alternative prescriptions. (5) If the Secretary concerned does not accept an applicant’s alternative prescription under this section, and the Commission finds that the Secretary’s prescription would be inconsistent with the purposes of this part, or other applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will be less protective than the fishway initially prescribed by the Secretary. The Secretary shall submit the advisory and the Secretary’s final written determination into the record of the Commission’s proceeding..", "id": "HE4CA127DBFDA48E0BBB52BC21ECE466C", "header": "Alternative conditions and fishways" }, { "text": "33. Alternative conditions and prescriptions \n(a) Alternative conditions \n(1) Whenever any person applies for a license for any project works within any reservation of the United States, and the Secretary of the department under whose supervision such reservation falls (referred to in this subsection as the Secretary ) deems a condition to such license to be necessary under the first proviso of section 4(e), the license applicant may propose an alternative condition. (2) Notwithstanding the first proviso of section 4(e), the Secretary shall accept the proposed alternative condition referred to in paragraph (1), and the Commission shall include in the license such alternative condition, if the Secretary determines, based on substantial evidence provided by the license applicant or otherwise available to the Secretary, that such alternative condition— (A) provides for the adequate protection and utilization of the reservation; and (B) will either— (i) cost less to implement; or (ii) result in improved operation of the project works for electricity production, as compared to the condition initially deemed necessary by the Secretary. (3) The Secretary shall submit into the public record of the Commission proceeding with any condition under section 4(e) or alternative condition it accepts under this section, a written statement explaining the basis for such condition, and reason for not accepting any alternative condition under this section. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use; flood control; navigation; water supply; and air quality (in addition to the preservation of other aspects of environmental quality); based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary’s decision. (4) Nothing in this section shall prohibit other interested parties from proposing alternative conditions. (5) If the Secretary does not accept an applicant’s alternative condition under this section, and the Commission finds that the Secretary’s condition would be inconsistent with the purposes of this part, or other applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not provide for the adequate protection and utilization of the reservation. The Secretary shall submit the advisory and the Secretary’s final written determination into the record of the Commission’s proceeding. (b) Alternative prescriptions \n(1) Whenever the Secretary of the Interior or the Secretary of Commerce prescribes a fishway under section 18, the license applicant or licensee may propose an alternative to such prescription to construct, maintain, or operate a fishway. (2) Notwithstanding section 18, the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative referred to in paragraph (1), if the Secretary of the appropriate department determines, based on substantial evidence provided by the licensee or otherwise available to the Secretary, that such alternative— (A) will be no less protective than the fishway initially prescribed by the Secretary; and (B) will either— (i) cost less to implement; or (ii) result in improved operation of the project works for electricity production, as compared to the fishway initially deemed necessary by the Secretary. (3) The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under section 18 or alternative prescription it accepts under this section, a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this section. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use; flood control; navigation; water supply; and air quality (in addition to the preservation of other aspects of environmental quality); based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary’s decision. (4) Nothing in this section shall prohibit other interested parties from proposing alternative prescriptions. (5) If the Secretary concerned does not accept an applicant’s alternative prescription under this section, and the Commission finds that the Secretary’s prescription would be inconsistent with the purposes of this part, or other applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will be less protective than the fishway initially prescribed by the Secretary. The Secretary shall submit the advisory and the Secretary’s final written determination into the record of the Commission’s proceeding.", "id": "HF7E61C42BC1F4B61829FA37CA759D58", "header": "Alternative conditions and prescriptions" }, { "text": "241. Hydroelectric production incentives \n(a) Incentive payments \nFor electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary of Energy (referred to in this section as the Secretary ) shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish. (b) Definitions \nFor purposes of this section: (1) Qualified hydroelectric facility \nThe term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. (2) Existing dam or conduit \nThe term existing dam or conduit means any dam or conduit the construction of which was completed before the date of the enactment of this section and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device. (3) Conduit \nThe term conduit has the same meaning as when used in section 30(a)(2) of the Federal Power Act ( 16 U.S.C. 823a(a)(2) ). The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after the date of the enactment of this section. (c) Eligibility window \nPayments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 10 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this subtitle. (d) Incentive period \nA qualified hydroelectric facility may receive payments under this section for a period of 10 fiscal years (referred to in this section as the incentive period ). Such period shall begin with the fiscal year in which electric energy generated from the facility is first eligible for such payments. (e) Amount of payment \n(1) In General \nPayments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.8 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $750,000 in 1 calendar year. (2) Adjustments \nThe amount of the payment made to any person under this section as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2003 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 2003 shall be substituted for calendar year 1979. (f) Sunset \nNo payment may be made under this section to any qualified hydroelectric facility after the expiration of the period of 20 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this subtitle, and no payment may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 10 fiscal years. (g) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out the purposes of this section $10,000,000 for each of the fiscal years 2004 through 2013.", "id": "HB0D25196B06D40FC87EDEECF0093B5EA", "header": "Hydroelectric production incentives" }, { "text": "242. Hydroelectric efficiency improvement \n(a) Incentive payments \nThe Secretary of Energy shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent. (b) Limitations \nIncentive payments under this section shall not exceed 10 percent of the costs of the capital improvement concerned and not more than 1 payment may be made with respect to improvements at a single facility. No payment in excess of $750,000 may be made with respect to improvements at a single facility. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section not more than $10,000,000 for each of the fiscal years 2004 through 2013.", "id": "H7AEC83F4C4D043BA8338E889B858C00", "header": "Hydroelectric efficiency improvement" }, { "text": "243. Small hydroelectric power projects \nSection 408(a)(6) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2708(a)(6) ) is amended by striking April 20, 1977 and inserting March 4, 2003.", "id": "HA33B49D210AF4B13A562249CE82D1DE1", "header": "Small hydroelectric power projects" }, { "text": "244. Increased hydroelectric generation at existing Federal facilities \n(a) In General \nThe Secretary of the Interior and the Secretary of Energy, in consultation with the Secretary of the Army, shall jointly conduct a study of the potential for increasing electric power production capability at federally owned or operated water regulation, storage, and conveyance facilities. (b) Content \nThe study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power. (c) Report \nThe Secretaries shall submit to the Committees on Energy and Commerce, Resources, and Transportation and Infrastructure of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act. The report shall include each of the following: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities currently conducted or considered, or that could be considered, to produce additional hydroelectric power from each identified facility. (3) A summary of prior actions taken by the Secretaries to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b). (6) A description of actions that are planned, underway, or might reasonably be considered to increase hydroelectric power production by replacing turbine runners, by performing generator upgrades or rewinds, or construction of pumped storage facilities. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations to increase hydroelectric power production from, and reduce costs and improve efficiency at, federally owned or operated water regulation, storage, and conveyance facilities.", "id": "H36B5850AB5D54761AD00EDFCBCFC4F00", "header": "Increased hydroelectric generation at existing Federal facilities" }, { "text": "245. Shift of project loads to off-peak periods \n(a) In General \nThe Secretary of the Interior shall— (1) review electric power consumption by Bureau of Reclamation facilities for water pumping purposes; and (2) make such adjustments in such pumping as possible to minimize the amount of electric power consumed for such pumping during periods of peak electric power consumption, including by performing as much of such pumping as possible during off-peak hours at night. (b) Consent of affected irrigation customers required \nThe Secretary may not under this section make any adjustment in pumping at a facility without the consent of each person that has contracted with the United States for delivery of water from the facility for use for irrigation and that would be affected by such adjustment. (c) Existing obligations not affected \nThis section shall not be construed to affect any existing obligation of the Secretary to provide electric power, water, or other benefits from Bureau of Reclamation facilities, including recreational releases.", "id": "H3E0D0A25651647CE9273FD87691204CB", "header": "Shift of project loads to off-peak periods" }, { "text": "246. Corps of Engineers hydropower operation and maintenance funding \n(a) In General \nNotwithstanding the last sentence of section 5 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 16 U.S.C. 825s ), the 11th paragraph under the heading office of the secretary in title I of the Act of October 12, 1949 (63 Stat. 767, chapter 680; 16 U.S.C. 825s–1 ), the matter under the heading continuing fund, southeastern power administration in title I of the Act of August 31, 1951 (65 Stat. 249, chapter 375; 16 U.S.C. 825s–2 ), section 3302 of title 31, United States Code, or any other law, and without further appropriation or fiscal year limitation, for fiscal year 2004, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration may credit to the Secretary of the Army (referred to in this section as the Secretary ), receipts, in an amount determined under subsection (c), from the sale of power and related services. (b) Use of funds \n(1) In General \nThe Secretary— (A) shall, except as provided in paragraph (2), use the amounts credited under subsection (a) to fund only the Corps of Engineers annual operation and maintenance activities that are allocated exclusively to the power function and assigned to the respective power marketing administration and respective project system as applicable for repayment; and (B) shall not use the amounts for any costs allocated to non-power functions of Corps of Engineer operations. (2) Exception \nThe Secretary may use amounts credited by the Southwestern Power Administration under subsection (a) for capital and nonrecurring costs. (c) Amount \nThe amount of the receipts credited under subsection (a) shall be equal to such amount as— (1) the Secretary of the Army requests; and (2) the appropriate Administrator, in consultation with the power customers of the Administrator’s power marketing administration, determines to be appropriate to apply to the costs referred to in subsection (b). (d) Applicable law \nThe amounts credited under subsection (a) are exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 et seq. ).", "id": "H57F10759F95C411DBC6B7C77FC7077C", "header": "Corps of Engineers hydropower operation and maintenance funding" }, { "text": "247. Limitation on certain charges assessed to the flint creek project, Montana \nNotwithstanding section 10(e)(1) of the Federal Power Act ( 16 U.S.C. 803(e)(1) ) or any other provision of Federal law providing for the payment to the United States of charges for the use of Federal land for the purposes of operating and maintaining a hydroelectric development licensed by the Federal Energy Regulatory Commission (referred to in this section as the Commission ), any political subdivision of the State of Montana that holds a license for Commission Project No. 1473 in Granite and Deer Lodge Counties, Montana, shall be required to pay to the United States for the use of that land for each year during which the political subdivision continues to hold the license for the project, the lesser of— (1) $25,000; or (2) such annual charge as the Commission or any other department or agency of the Federal Government may assess.", "id": "HBF98B87DBB2441AC8CF9C6D96C0B5A", "header": "Limitation on certain charges assessed to the flint creek project, Montana" }, { "text": "248. Reinstatement and transfer \n(a) Reinstatement and transfer of Federal license for project numbered 2696 \nNotwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 ) or any other provision of such Act, the Federal Energy Regulatory Commission shall reinstate the license for Project No. 2696 and transfer the license, without delay or the institution of any proceedings, to the Town of Stuyvesant, New York, holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787, within 30 days after the date of enactment of this Act. (b) Hydroelectric incentives \nProject No. 2696 shall be entitled to the full benefit of any Federal legislation that promotes hydroelectric development that is enacted within 2 years either before or after the date of enactment of this Act. (c) Project development and financing \nThe Federal Energy Regulatory Commission shall permit the Town of Stuyvesant to add as a colicensee any private or public entity or entities to the reinstated license at any time, notwithstanding the issuance of a preliminary permit to the Town of Stuyvesant and any consideration of municipal preference. The town shall be entitled, to the extent that funds are available or shall be made available, to receive loans under sections 402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2702 and 2703), or similar programs, for the reimbursement of feasibility studies or development costs, or both, incurred since January 1, 2001, through and including December 31, 2006. All power produced by the project shall be deemed incremental hydropower for purpose of qualifying for any energy credit or similar benefits.", "id": "H80695BD337964DB2A08C9B5422EAE3E8", "header": "Reinstatement and transfer" }, { "text": "301. Permanent authority to operate the Strategic Petroleum Reserve and other energy programs \n(a) Amendment to title i of the Energy Policy and Conservation Act \nTitle I of the Energy Policy and Conservation Act ( 42 U.S.C. 6211 et seq. ) is amended— (1) by striking section 166 ( 42 U.S.C. 6246 ) and inserting the following: 166. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this part and part D, to remain available until expended. ; (2) by striking section 186 ( 42 U.S.C. 6250e ); and (3) by striking part E ( 42 U.S.C. 6251 ; relating to the expiration of title I of the Act). (b) Amendment to title II of the Energy Policy and Conservation Act \nTitle II of the Energy Policy and Conservation Act ( 42 U.S.C. 6271 et seq. ) is amended— (1) by inserting before section 273 ( 42 U.S.C. 6283 ) the following: C Summer fill and fuel budgeting programs \n; (2) by striking section 273(e) ( 42 U.S.C. 6283(e) ; relating to the expiration of summer fill and fuel budgeting programs); and (3) by striking part D ( 42 U.S.C. 6285 ; relating to the expiration of title II of the Act). (c) Technical amendments \nThe table of contents for the Energy Policy and Conservation Act is amended— (1) by inserting after the items relating to part C of title I the following: Part D—Northeast home heating oil Reserve Sec. 181. Establishment Sec. 182. Authority Sec. 183. Conditions for release; plan Sec. 184. Northeast Home Heating Oil Reserve Account Sec. 185. Exemptions ; (2) by amending the items relating to part C of title II to read as follows: Part C—Summer fill and fuel budgeting programs Sec. 273. Summer fill and fuel budgeting programs ; and (3) by striking the items relating to part D of title II. (d) Amendment to the Energy Policy and Conservation Act \nSection 183(b)(1) of the Energy Policy and Conservation Act ( 42 U.S.C. 6250(b)(1) ) is amended by striking all after increases through to mid-October through March and inserting by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average). (e) Fill Strategic Petroleum Reserve to capacity \nThe Secretary of Energy shall, as expeditiously as practicable, acquire petroleum in amounts sufficient to fill the Strategic Petroleum Reserve to the 1,000,000,000 barrel capacity authorized under section 154(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6234(a) ), consistent with the provisions of sections 159 and 160 of such Act ( 42 U.S.C. 6239 , 6240).", "id": "HAF3AAF7CE25F479AB1354375A872CB90", "header": "Permanent authority to operate the Strategic Petroleum Reserve and other energy programs" }, { "text": "166. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this part and part D, to remain available until expended.", "id": "HA50511827E3F44239481567D11C03CA6", "header": "Authorization of appropriations" }, { "text": "302. National oilheat research alliance \nSection 713 of the Energy Act of 2000 ( 42 U.S.C. 6201 note) is amended by striking 4 and inserting 9.", "id": "H630D679C43AB47709F509DC23B45FF35", "header": "National oilheat research alliance" }, { "text": "311. Definition of Secretary \nIn this subtitle, the term Secretary means the Secretary of the Interior.", "id": "H328C68EC63F94391B13EA0E8A3CE2FC3", "header": "Definition of Secretary" }, { "text": "312. Program on oil and gas royalties in-kind \n(a) Applicability of Section \nNotwithstanding any other provision of law, this section applies to all royalty in-kind accepted by the Secretary on or after the date of enactment of this Act under any Federal oil or gas lease or permit under section 36 of the Mineral Leasing Act ( 30 U.S.C. 192 ), section 27 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1353 ), or any other Federal law governing leasing of Federal land for oil and gas development. (b) Terms and conditions \nAll royalty accruing to the United States shall, on the demand of the Secretary, be paid in oil or gas. If the Secretary makes such a demand, the following provisions apply to such payment: (1) Satisfaction of royalty obligation \nDelivery by, or on behalf of, the lessee of the royalty amount and quality due under the lease satisfies the lessee’s royalty obligation for the amount delivered, except that transportation and processing reimbursements paid to, or deductions claimed by, the lessee shall be subject to review and audit. (2) Marketable condition \n(A) In General \nRoyalty production shall be placed in marketable condition by the lessee at no cost to the United States. (B) Definition of marketable condition \nIn this paragraph, the term in marketable condition means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced. (3) Disposition by the Secretary \nThe Secretary may— (A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 27(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1353(a)(3) ) for not less than the market price; and (B) transport or process (or both) any royalty production taken in-kind. (4) Retention by the Secretary \nThe Secretary may, notwithstanding section 3302 of title 31, United States Code, retain and use a portion of the revenues from the sale of oil and gas taken in-kind that otherwise would be deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use oil or gas received as royalty taken in-kind (in this paragraph referred to as royalty production ) to pay the cost of— (A) transporting the royalty production; (B) processing the royalty production; (C) disposing of the royalty production; or (D) any combination of transporting, processing, and disposing of the royalty production. (5) Limitation \n(A) In General \nExcept as provided in subparagraph (B), the Secretary may not use revenues from the sale of oil and gas taken in-kind to pay for personnel, travel, or other administrative costs of the Federal Government. (B) Exception \nNotwithstanding subparagraph (A), the Secretary may use a portion of the revenues from the sale of oil taken in-kind, without fiscal year limitation, to pay transportation costs, salaries, and other administrative costs directly related to filling the Strategic Petroleum Reserve. (c) Reimbursement of cost \nIf the lessee, pursuant to an agreement with the United States or as provided in the lease, processes the royalty gas or delivers the royalty oil or gas at a point not on or adjacent to the lease area, the Secretary shall— (1) reimburse the lessee for the reasonable costs of transportation (not including gathering) from the lease to the point of delivery or for processing costs; or (2) allow the lessee to deduct the transportation or processing costs in reporting and paying royalties in-value for other Federal oil and gas leases. (d) Benefit to the United States required \nThe Secretary may receive oil or gas royalties in-kind only if the Secretary determines that receiving royalties in-kind provides benefits to the United States that are greater than or equal to the benefits that are likely to have been received had royalties been taken in-value. (e) Reports \n(1) In General \nNot later than September 30, 2005, the Secretary shall submit to Congress a report that addresses— (A) actions taken to develop businesses processes and automated systems to fully support the royalty-in-kind capability to be used in tandem with the royalty-in-value approach in managing Federal oil and gas revenue; and (B) future royalty-in-kind businesses operation plans and objectives. (2) Reports on oil or gas royalties taken in-kind \nFor each of fiscal years 2004 through 2013 in which the United States takes oil or gas royalties in-kind from production in any State or from the outer Continental Shelf, excluding royalties taken in-kind and sold to refineries under subsection (h), the Secretary shall submit to Congress a report that describes— (A) the methodology or methodologies used by the Secretary to determine compliance with subsection (d), including the performance standard for comparing amounts received by the United States derived from royalties in-kind to amounts likely to have been received had royalties been taken in-value; (B) an explanation of the evaluation that led the Secretary to take royalties in-kind from a lease or group of leases, including the expected revenue effect of taking royalties in-kind; (C) actual amounts received by the United States derived from taking royalties in-kind and costs and savings incurred by the United States associated with taking royalties in-kind, including, but not limited to, administrative savings and any new or increased administrative costs; and (D) an evaluation of other relevant public benefits or detriments associated with taking royalties in-kind. (f) Deduction of expenses \n(1) In General \nBefore making payments under section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ) or section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ) of revenues derived from the sale of royalty production taken in-kind from a lease, the Secretary shall deduct amounts paid or deducted under subsections (b)(4) and (c) and deposit the amount of the deductions in the miscellaneous receipts of the United States Treasury. (2) Accounting for deductions \nWhen the Secretary allows the lessee to deduct transportation or processing costs under subsection (c), the Secretary may not reduce any payments to recipients of revenues derived from any other Federal oil and gas lease as a consequence of that deduction. (g) Consultation with States \nThe Secretary— (1) shall consult with a State before conducting a royalty in-kind program under this subtitle within the State, and may delegate management of any portion of the Federal royalty in-kind program to the State except as otherwise prohibited by Federal law; and (2) shall consult annually with any State from which Federal oil or gas royalty is being taken in-kind to ensure, to the maximum extent practicable, that the royalty in-kind program provides revenues to the State greater than or equal to those likely to have been received had royalties been taken in-value. (h) Small refineries \n(1) Preference \nIf the Secretary finds that sufficient supplies of crude oil are not available in the open market to refineries that do not have their own source of supply for crude oil, the Secretary may grant preference to such refineries in the sale of any royalty oil accruing or reserved to the United States under Federal oil and gas leases issued under any mineral leasing law, for processing or use in such refineries at private sale at not less than the market price. (2) Proration among refineries in production area \nIn disposing of oil under this subsection, the Secretary of Energy may, at the discretion of the Secretary, prorate the oil among refineries described in paragraph (1) in the area in which the oil is produced. (i) Disposition to Federal agencies \n(1) Onshore royalty \nAny royalty oil or gas taken by the Secretary in-kind from onshore oil and gas leases may be sold at not less than the market price to any Federal agency. (2) Offshore royalty \nAny royalty oil or gas taken in-kind from a Federal oil or gas lease on the outer Continental Shelf may be disposed of only under section 27 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1353 ). (j) Federal low-income energy assistance programs \n(1) Preference \nIn disposing of royalty oil or gas taken in-kind under this section, the Secretary may grant a preference to any person, including any Federal or State agency, for the purpose of providing additional resources to any Federal low-income energy assistance program. (2) Report \nNot later than 3 years after the date of enactment of this Act, the Secretary shall transmit a report to Congress, assessing the effectiveness of granting preferences specified in paragraph (1) and providing a specific recommendation on the continuation of authority to grant preferences.", "id": "HBAA77E8703EB4FEE8426F766607BED3", "header": "Program on oil and gas royalties in-kind" }, { "text": "313. Marginal property production incentives \n(a) Definition of marginal property \nUntil such time as the Secretary issues regulations under subsection (e) that prescribe a different definition, in this section the term marginal property means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90 million British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months. (b) Conditions for Reduction of royalty rate \nUntil such time as the Secretary issues regulations under subsection (e) that prescribe different thresholds or standards, the Secretary shall reduce the royalty rate on— (1) oil production from marginal properties as prescribed in subsection (c) when the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, is, on average, less than $15 per barrel for 90 consecutive trading days; and (2) gas production from marginal properties as prescribed in subsection (c) when the spot price of natural gas delivered at Henry Hub, Louisiana, is, on average, less than $2.00 per million British thermal units for 90 consecutive trading days. (c) Reduced royalty rate \n(1) In General \nWhen a marginal property meets the conditions specified in subsection (b), the royalty rate shall be the lesser of— (A) 5 percent; or (B) the applicable rate under any other statutory or regulatory royalty relief provision that applies to the affected production. (2) Period of effectiveness \nThe reduced royalty rate under this subsection shall be effective beginning on the first day of the production month following the date on which the applicable condition specified in subsection (b) is met. (d) Termination of reduced royalty rate \nA royalty rate prescribed in subsection (d)(1)(A) shall terminate— (1) with respect to oil production from a marginal property, on the first day of the production month following the date on which— (A) the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, on average, exceeds $15 per barrel for 90 consecutive trading days; or (B) the property no longer qualifies as a marginal property; and (2) with respect to gas production from a marginal property, on the first day of the production month following the date on which— (A) the spot price of natural gas delivered at Henry Hub, Louisiana, on average, exceeds $2.00 per million British thermal units for 90 consecutive trading days; or (B) the property no longer qualifies as a marginal property. (e) Regulations prescribing different Relief \n(1) Discretionary regulations \nThe Secretary may by regulation prescribe different parameters, standards, and requirements for, and a different degree or extent of, royalty relief for marginal properties in lieu of those prescribed in subsections (a) through (d). (2) Mandatory regulations \nNot later than 18 months after the date of enactment of this Act, the Secretary shall by regulation— (A) prescribe standards and requirements for, and the extent of royalty relief for, marginal properties for oil and gas leases on the outer Continental Shelf; and (B) define what constitutes a marginal property on the outer Continental Shelf for purposes of this section. (3) Considerations \nIn promulgating regulations under this subsection, the Secretary may consider— (A) oil and gas prices and market trends; (B) production costs; (C) abandonment costs; (D) Federal and State tax provisions and the effects of those provisions on production economics; (E) other royalty relief programs; (F) regional differences in average wellhead prices; (G) national energy security issues; and (H) other relevant matters. (f) Savings provision \nNothing in this section prevents a lessee from receiving royalty relief or a royalty reduction pursuant to any other law (including a regulation) that provides more relief than the amounts provided by this section.", "id": "H900D9F45665F4A58AB39CB305179FF74", "header": "Marginal property production incentives" }, { "text": "314. Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico \n(a) Royalty incentive regulations \nThe Secretary shall publish a final regulation to complete the rulemaking begun by the Notice of Proposed Rulemaking entitled Relief or Reduction in Royalty Rates—Deep Gas Provisions , published in the Federal Register on March 26, 2003 (Federal Register, volume 68, number 58, 14868-14886). (b) Royalty incentive regulations for ultra deep gas wells \n(1) In General \nNot later than 180 days after the date of enactment of this Act, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), the Secretary shall issue regulations, in accordance with the regulations published pursuant to subsection (a), granting royalty relief suspension volumes of not less than 35,000,000,000 cubic feet with respect to the production of natural gas from ultra deep wells on leases issued before January 1, 2001, in shallow waters less than 200 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes West longitude. Regulations issued under this subsection shall be retroactive to the date that the Notice of Proposed Rulemaking is published in the Federal Register. (2) Definition of ultra deep well \nIn this subsection, the term ultra deep well means a well drilled with a perforated interval, the top of which is at least 20,000 feet true vertical depth below the datum at mean sea level.", "id": "H7926641582E44AD5B2BBDE007BF41765", "header": "Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico" }, { "text": "315. Royalty Relief for deep water production \n(a) In General \nFor all tracts located in water depths of greater than 400 meters in the Western and Central Planning Area of the Gulf of Mexico, including the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any oil or gas lease sale under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) occurring within 5 years after the date of enactment of this Act shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(1)(H) ), except that the suspension of royalties shall be set at a volume of not less than— (1) 5,000,000 barrels of oil equivalent for each lease in water depths of 400 to 800 meters; (2) 9,000,000 barrels of oil equivalent for each lease in water depths of 800 to 1,600 meters; and (3) 12,000,000 barrels of oil equivalent for each lease in water depths greater than 1,600 meters. (b) Limitation \nThe Secretary may place limitations on the suspension of royalty relief granted based on market price.", "id": "H71F3827C2DE441E491A671609F636D17", "header": "Royalty Relief for deep water production" }, { "text": "316. Alaska offshore royalty suspension \nSection 8(a)(3)(B) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(3)(B) ) is amended by inserting and in the Planning Areas offshore Alaska after West longitude.", "id": "H2BE9E0CC2DB8422C9B2501BFAF6EE5FD", "header": "Alaska offshore royalty suspension" }, { "text": "317. Oil and gas leasing in the National Petroleum Reserve in Alaska \n(a) Transfer of authority \n(1) Redesignation \nThe Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6501 et seq. ) is amended by redesignating section 107 ( 42 U.S.C. 6507 ) as section 108. (2) Transfer \nThe matter under the heading exploration of national petroleum reserve in alaska under the heading ENERGY AND MINERALS of title I of Public Law 96–514 ( 42 U.S.C. 6508 ) is— (A) transferred to the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6501 et seq. ); (B) redesignated as section 107 of that Act; and (C) moved so as to appear after section 106 of that Act ( 42 U.S.C. 6506 ). (b) Competitive leasing \nSection 107 of the Naval Petroleum Reserves Production Act of 1976 (as amended by subsection (a) of this section) is amended— (1) by striking the heading and all that follows through Provided , That (1) activities and inserting the following: 107. Competitive leasing of oil and gas \n(a) In General \nNotwithstanding any other provision of law and pursuant to regulations issued by the Secretary, the Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska (referred to in this section as the Reserve ). (b) Mitigation of adverse effects \nActivities ; (2) by striking Alaska (the Reserve); (2) the and inserting Alaska. (c) Land use planning; BLM wilderness study \nThe ; (3) by striking Reserve; (3) the and inserting Reserve. (d) First lease sale \nThe ; (4) by striking 4332); (4) the and inserting 4321 et seq.). (e) Withdrawals \nThe ; (5) by striking herein; (5) bidding and inserting under this section. (f) Bidding systems \nBidding ; (6) by striking 629); (6) lease and inserting 629). (g) Geological structures \nLease ; (7) by striking structures; (7) the and inserting structures. (h) Size of lease tracts \nThe ; (8) by striking Secretary; (8) and all that follows through Drilling, production, and inserting Secretary. (i) Terms \n(1) In General \nEach lease shall be— (A) issued for an initial period of not more than 10 years; and (B) renewed for successive 10-year terms if— (i) oil or gas is produced from the lease in paying quantities; (ii) oil or gas is capable of being produced in paying quantities; or (iii) drilling or reworking operations, as approved by the Secretary, are conducted on the leased land. (2) Renewal of nonproducing leases \nThe Secretary shall renew for an additional 10-year term a lease that does not meet the requirements of paragraph (1)(B) if the lessee submits to the Secretary an application for renewal not later than 60 days before the expiration of the primary lease and— (A) the lessee certifies, and the Secretary agrees, that hydrocarbon resources were discovered on 1 or more wells drilled on the leased land in such quantities that a prudent operator would hold the lease for potential future development; (B) the lessee— (i) pays the Secretary a renewal fee of $100 per acre of leased land; and (ii) provides evidence, and the Secretary agrees that, the lessee has diligently pursued exploration that warrants continuation with the intent of continued exploration or future development of the leased land; or (C) all or part of the lease— (i) is part of a unit agreement covering a lease described in subparagraph (A) or (B); and (ii) has not been previously contracted out of the unit. (3) Applicability \nThis subsection applies to a lease that— (A) is entered into before, on, or after the date of enactment of the Energy Policy Act of 2003; and (B) is effective on or after the date of enactment of that Act. (j) Unit agreements \n(1) In General \nFor the purpose of conservation of the natural resources of all or part of any oil or gas pool, field, reservoir, or like area, lessees (including representatives) of the pool, field, reservoir, or like area may unite with each other, or jointly or separately with others, in collectively adopting and operating under a unit agreement for all or part of the pool, field, reservoir, or like area (whether or not any other part of the oil or gas pool, field, reservoir, or like area is already subject to any cooperative or unit plan of development or operation), if the Secretary determines the action to be necessary or advisable in the public interest. (2) Participation by State of Alaska \nThe Secretary shall ensure that the State of Alaska is provided the opportunity for active participation concerning creation and management of units formed or expanded under this subsection that include acreage in which the State of Alaska has an interest in the mineral estate. (3) Participation by regional corporations \nThe Secretary shall ensure that any Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )) is provided the opportunity for active participation concerning creation and management of units that include acreage in which the Regional Corporation has an interest in the mineral estate. (4) Production allocation methodology \nThe Secretary may use a production allocation methodology for each participating area within a unit created for land in the Reserve, State of Alaska land, or Regional Corporation land shall, when appropriate, be based on the characteristics of each specific oil or gas pool, field, reservoir, or like area to take into account reservoir heterogeneity and a real variation in reservoir producibility across diverse leasehold interests. (5) Benefit of operations \nDrilling, production, ; (9) by striking When separate and inserting the following: (6) Pooling \nIf separate ; (10) by inserting (in consultation with the owners of the other land) after determined by the Secretary of the Interior ; (11) by striking thereto; (10) to and all that follows through the terms provided therein and inserting to the agreement. (k) Exploration incentives \n(1) In General \n(A) Waiver, suspension, or Reduction \nTo encourage the greatest ultimate recovery of oil or gas or in the interest of conservation, the Secretary may waive, suspend, or reduce the rental fees or minimum royalty, or reduce the royalty on an entire leasehold (including on any lease operated pursuant to a unit agreement), if (after consultation with the State of Alaska and the North Slope Borough of Alaska and the concurrence of any Regional Corporation for leases that include lands available for acquisition by the Regional Corporation under the provisions of section 1431(o) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. )) the Secretary determines that the waiver, suspension, or reduction is in the public interest. (B) Applicability \nThis paragraph applies to a lease that— (i) is entered into before, on, or after the date of enactment of the Energy Policy Act of 2003; and (ii) is effective on or after the date of enactment of that Act. ; (12) by striking The Secretary is authorized to and inserting the following: (2) Suspension of operations and production \nThe Secretary may ; (13) by striking In the event and inserting the following: (3) Suspension of payments \nIf ; (14) by striking thereto; and (11) all and inserting to the lease. (l) Receipts \nAll ; (15) by redesignating clauses (A), (B), and (C) as clauses (1), (2), and (3), respectively; (16) by striking Any agency and inserting the following: (m) Explorations \nAny agency ; (17) by striking Any action and inserting the following: (n) Environmental impact statements \n(1) Judicial review \nAny action ; (18) by striking The detailed and inserting the following: (2) Initial lease sales \nThe detailed ; (19) by striking of the Naval Petroleum Reserves Production Act of 1976 (90 Stat. 304; 42 U.S.C. 6504 ) ; and (20) by adding at the end the following: (o) Waiver of administration for conveyed lands \nNotwithstanding section 14(g) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(g) ) or any other provision of law— (1) the Secretary of the Interior shall waive administration of any oil and gas lease insofar as such lease covers any land in the National Petroleum Reserve in Alaska in which the subsurface estate is conveyed to the Arctic Slope Regional Corporation; and (2) if any such conveyance of such subsurface estate does not cover all the land embraced within any such oil and gas lease— (A) the person who owns the subsurface estate in any particular portion of the land covered by such lease shall be entitled to all of the revenues reserved under such lease as to such portion, including, without limitation, all the royalty payable with respect to oil or gas produced from or allocated to such particular portion of the land covered by such lease; and (B) the Secretary of the Interior shall segregate such lease into 2 leases, 1 of which shall cover only the subsurface estate conveyed to the Arctic Slope Regional Corporation, and operations, production, or other circumstances (other than payment of rentals or royalties) that satisfy obligations of the lessee under, or maintain, either of the segregated leases shall likewise satisfy obligations of the lessee under, or maintain, the other segregated lease to the same extent as if such segregated leases remained a part of the original unsegregated lease..", "id": "H29CEEA9D1D294289B9C5F79DE640F92", "header": "Oil and gas leasing in the National Petroleum Reserve in Alaska" }, { "text": "107. Competitive leasing of oil and gas \n(a) In General \nNotwithstanding any other provision of law and pursuant to regulations issued by the Secretary, the Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska (referred to in this section as the Reserve ). (b) Mitigation of adverse effects \nActivities", "id": "H88599552B10547FCA986D5B8CF0000BF", "header": "Competitive leasing of oil and gas" }, { "text": "318. Orphaned, abandoned, or idled wells on Federal land \n(a) In General \nThe Secretary, in cooperation with the Secretary of Agriculture, shall establish a program not later than 1 year after the date of enactment of this Act to remediate, reclaim, and close orphaned, abandoned, or idled oil and gas wells located on land administered by the land management agencies within the Department of the Interior and the Department of Agriculture. (b) Activities \nThe program under subsection (a) shall— (1) include a means of ranking orphaned, abandoned, or idled wells sites for priority in remediation, reclamation, and closure, based on public health and safety, potential environmental harm, and other land use priorities; (2) provide for identification and recovery of the costs of remediation, reclamation, and closure from persons or other entities currently providing a bond or other financial assurance required under State or Federal law for an oil or gas well that is orphaned, abandoned, or idled; and (3) provide for recovery from the persons or entities identified under paragraph (2), or their sureties or guarantors, of the costs of remediation, reclamation, and closure of such wells. (c) Cooperation and consultations \nIn carrying out the program under subsection (a), the Secretary shall— (1) work cooperatively with the Secretary of Agriculture and the States within which Federal land is located; and (2) consult with the Secretary of Energy and the Interstate Oil and Gas Compact Commission. (d) Plan \nNot later than 1 year after the date of enactment of this Act, the Secretary, in cooperation with the Secretary of Agriculture, shall submit to Congress a plan for carrying out the program under subsection (a). (e) Idled well \nFor the purposes of this section, a well is idled if— (1) the well has been nonoperational for at least 7 years; and (2) there is no anticipated beneficial use for the well. (f) Technical assistance Program for non-federal land \n(1) In General \nThe Secretary of Energy shall establish a program to provide technical and financial assistance to oil and gas producing States to facilitate State efforts over a 10-year period to ensure a practical and economical remedy for environmental problems caused by orphaned or abandoned oil and gas exploration or production well sites on State or private land. (2) Assistance \nThe Secretary of Energy shall work with the States, through the Interstate Oil and Gas Compact Commission, to assist the States in quantifying and mitigating environmental risks of onshore orphaned or abandoned oil or gas wells on State and private land. (3) Activities \nThe program under paragraph (1) shall include— (A) mechanisms to facilitate identification, if feasible, of the persons currently providing a bond or other form of financial assurance required under State or Federal law for an oil or gas well that is orphaned or abandoned; (B) criteria for ranking orphaned or abandoned well sites based on factors such as public health and safety, potential environmental harm, and other land use priorities; (C) information and training programs on best practices for remediation of different types of sites; and (D) funding of State mitigation efforts on a cost-shared basis. (g) Federal reimbursement for orphaned well reclamation pilot Program \n(1) Reimbursement for remediating, reclaiming, and closing wells on land Subject to a new lease \nThe Secretary shall carry out a pilot program under which, in issuing a new oil and gas lease on federally owned land on which 1 or more orphaned wells are located, the Secretary— (A) may require, but not as a condition of the lease, that the lessee remediate, reclaim, and close in accordance with standards established by the Secretary, all orphaned wells on the land leased; and (B) shall develop a program to reimburse a lessee, through a royalty credit against the Federal share of royalties owed or other means, for the reasonable actual costs of remediating, reclaiming, and closing the orphaned well pursuant to that requirement. (2) Reimbursement for reclaiming orphaned wells on other land \nIn carrying out this subsection, the Secretary— (A) may authorize any lessee under an oil and gas lease on federally owned land to reclaim in accordance with the Secretary’s standards— (i) an orphaned well on unleased federally owned land; or (ii) an orphaned well located on an existing lease on federally owned land for the reclamation of which the lessee is not legally responsible; and (B) shall develop a program to provide reimbursement of 115 percent of the reasonable actual costs of remediating, reclaiming, and closing the orphaned well, through credits against the Federal share of royalties or other means. (3) Effect of remediation, reclamation, or closure of well pursuant to an approved remediation plan \n(A) Definition of remediating party \nIn this paragraph the term remediating party means a person who remediates, reclaims, or closes an abandoned, orphaned, or idled well pursuant to this subsection. (B) General Rule \nA remediating party who remediates, reclaims, or closes an abandoned, orphaned, or idled well in accordance with a detailed written remediation plan approved by the Secretary under this subsection, shall be immune from civil liability under Federal environmental laws, for— (i) pre-existing environmental conditions at or associated with the well, unless the remediating party owns or operates, in the past owned or operated, or is related to a person that owns or operates or in the past owned or operated, the well or the land on which the well is located; or (ii) any remaining releases of pollutants from the well during or after completion of the remediation, reclamation, or closure of the well, unless the remediating party causes increased pollution as a result of activities that are not in accordance with the approved remediation plan. (C) Limitations \nNothing in this section shall limit in any way the liability of a remediating party for injury, damage, or pollution resulting from the remediating party’s acts or omissions that are not in accordance with the approved remediation plan, are reckless or willful, constitute gross negligence or wanton misconduct, or are unlawful. (4) Regulations \nThe Secretary may issue such regulations as are appropriate to carry out this subsection. (h) Authorization of appropriations \n(1) In General \nThere are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2005 through 2009. (2) Use \nOf the amounts authorized under paragraph (1), $5,000,000 are authorized for each fiscal year for activities under subsection (f).", "id": "HC6D0D13453E8475CBB365C474F3B008C", "header": "Orphaned, abandoned, or idled wells on Federal land" }, { "text": "319. Combined hydrocarbon leasing \n(a) Special provisions regarding leasing \nSection 17(b)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(2) ) is amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following: (B) For any area that contains any combination of tar sand and oil or gas (or both), the Secretary may issue under this Act, separately— (i) a lease for exploration for and extraction of tar sand; and (ii) a lease for exploration for and development of oil and gas. (C) A lease issued for tar sand shall be issued using the same bidding process, annual rental, and posting period as a lease issued for oil and gas, except that the minimum acceptable bid required for a lease issued for tar sand shall be $2 per acre. (D) The Secretary may waive, suspend, or alter any requirement under section 26 that a permittee under a permit authorizing prospecting for tar sand must exercise due diligence, to promote any resource covered by a combined hydrocarbon lease.. (b) Conforming amendment \nSection 17(b)(1)(B) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(B) ) is amended in the second sentence by inserting , subject to paragraph (2)(B), after Secretary. (c) Regulations \nNot later than 45 days after the date of enactment of this Act, the Secretary shall issue final regulations to implement this section.", "id": "HB59437CD6DB041738168EEB89E656785", "header": "Combined hydrocarbon leasing" }, { "text": "320. Liquified natural gas \nSection 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following: (d) Limitation on Commission authority \nIf an applicant under this section proposes to construct or expand a liquified natural gas terminal either onshore or in State waters for the purpose of importing liquified natural gas into the United States, the Commission shall not deny or condition the application solely on the basis that the applicant proposes to utilize the terminal exclusively or partially for gas that the applicant or any affiliate thereof will supply thereto. In all other respects, subsection (a) shall remain applicable to any such proposal..", "id": "H1295C7ED532947F99E2106F69EA5B6D4", "header": "Liquified natural gas" }, { "text": "321. Alternate energy-related uses on the outer Continental Shelf \n(a) Amendment to Outer Continental Shelf Lands Act \nSection 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: (p) Leases, easements, or rights-of-way for energy and related purposes \n(1) In General \nThe Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government, may grant a lease, easement, or right-of-way on the outer Continental Shelf for activities not otherwise authorized in this Act, the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 et seq. ), or the Ocean Thermal Energy Conversion Act of 1980 ( 42 U.S.C. 9101 et seq. ), or other applicable law, if those activities— (A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or (C) use, for energy-related or marine-related purposes, facilities currently or previously used for activities authorized under this Act. (2) Payments \nThe Secretary shall establish reasonable forms of payments for any easement or right-of-way granted under this subsection. Such payments shall not be assessed on the basis of throughput or production. The Secretary may establish fees, rentals, bonus, or other payments by rule or by agreement with the party to which the lease, easement, or right-of-way is granted. (3) Consultation \nBefore exercising authority under this subsection, the Secretary shall consult with the Secretary of Defense and other appropriate agencies concerning issues related to national security and navigational obstruction. (4) Competitive or noncompetitive basis \n(A) In General \nThe Secretary may issue a lease, easement, or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or noncompetitive basis. (B) Considerations \nIn determining whether a lease, easement, or right-of-way shall be granted competitively or noncompetitively, the Secretary shall consider such factors as— (i) prevention of waste and conservation of natural resources; (ii) the economic viability of an energy project; (iii) protection of the environment; (iv) the national interest and national security; (v) human safety; (vi) protection of correlative rights; and (vii) potential return for the lease, easement, or right-of-way. (5) Regulations \nNot later than 270 days after the date of enactment of the Energy Policy Act of 2003, the Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant agencies of the Federal Government and affected States, shall issue any necessary regulations to ensure safety, protection of the environment, prevention of waste, and conservation of the natural resources of the outer Continental Shelf, protection of national security interests, and protection of correlative rights in the outer Continental Shelf. (6) Security \nThe Secretary shall require the holder of a lease, easement, or right-of-way granted under this subsection to furnish a surety bond or other form of security, as prescribed by the Secretary, and to comply with such other requirements as the Secretary considers necessary to protect the interests of the United States. (7) Effect of subsection \nNothing in this subsection displaces, supersedes, limits, or modifies the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. (8) Applicability \nThis subsection does not apply to any area on the outer Continental Shelf designated as a National Marine Sanctuary.. (b) Conforming amendment \nSection 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by striking the section heading and inserting the following: Leases, Easements, and Rights-of-Way on the Outer Continental Shelf.—. (c) Savings provision \nNothing in the amendment made by subsection (a) requires, with respect to any project— (1) for which offshore test facilities have been constructed before the date of enactment of this Act; or (2) for which a request for proposals has been issued by a public authority, any resubmittal of documents previously submitted or any reauthorization of actions previously authorized.", "id": "H09FF548B8EF54EFEA6208FB5E2F0D542", "header": "Alternate energy-related uses on the outer Continental Shelf" }, { "text": "322. Preservation of geological and geophysical data \n(a) Short title \nThis section may be cited as the National Geological and Geophysical Data Preservation Program Act of 2004. (b) Program \nThe Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section— (1) to archive geologic, geophysical, and engineering data, maps, well logs, and samples; (2) to provide a national catalog of such archival material; and (3) to provide technical and financial assistance related to the archival material. (c) Plan \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the implementation of the Program. (d) Data archive system \n(1) Establishment \nThe Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved. (2) System components \nThe system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies. (3) Limitation of designation \nThe Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State. (4) Data from Federal land \nThe data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land— (A) in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and (B) consistent with all applicable law and requirements relating to confidentiality and proprietary data. (e) National catalog \n(1) In General \nAs soon as practicable after the date of enactment of this Act, the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies— (A) data and samples available in the data archive system established under subsection (d); (B) the repository for particular material in the system; and (C) the means of accessing the material. (2) Availability \nThe Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data. (f) Advisory Committee \n(1) In General \nThe Advisory Committee shall advise the Secretary on planning and implementation of the Program. (2) New duties \nIn addition to its duties under the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31a et seq. ), the Advisory Committee shall perform the following duties: (A) Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1). (B) Review and critique the draft implementation plan prepared by the Secretary under subsection (c). (C) Identify useful studies of data archived under the Program that will advance understanding of the Nation’s energy and mineral resources, geologic hazards, and engineering geology. (D) Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Program. (E) Include in the annual report to the Secretary required under section 5(b)(3) of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31d(b)(3) ) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b). (g) Financial assistance \n(1) Archive facilities \nSubject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. (2) Studies \nSubject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d). (3) Federal share \nThe Federal share of the cost of an activity carried out with assistance under this subsection shall be not more than 50 percent of the total cost of the activity. (4) Private contributions \nThe Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity. (h) Report \nThe Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31g )— (1) a description of the status of the Program; (2) an evaluation of the progress achieved in developing the Program during the period covered by the report; and (3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b). (i) Maintenance of State effort \nIt is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program. (j) Definitions \nIn this section: (1) Advisory Committee \nThe term Advisory Committee means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31d ). (2) Program \nThe term Program means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) Survey \nThe term Survey means the United States Geological Survey. (k) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2004 through 2008.", "id": "H0E9FE50CE15B49ED804E1C68D416BD75", "header": "Preservation of geological and geophysical data" }, { "text": "323. Oil and gas lease acreage limitations \nSection 27(d)(1) of the Mineral Leasing Act ( 30 U.S.C. 184(d)(1) ) is amended by inserting after acreage held in special tar sand areas the following: , and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year,.", "id": "HC5823813D92248D78C00D771C4A9484", "header": "Oil and gas lease acreage limitations" }, { "text": "324. Assessment of dependence of State of Hawaii on oil \n(a) Assessment \nThe Secretary of Energy shall assess the economic implication of the dependence of the State of Hawaii on oil as the principal source of energy for the State, including— (1) the short- and long-term prospects for crude oil supply disruption and price volatility and potential impacts on the economy of Hawaii; (2) the economic relationship between oil-fired generation of electricity from residual fuel and refined petroleum products consumed for ground, marine, and air transportation; (3) the technical and economic feasibility of increasing the contribution of renewable energy resources for generation of electricity, on an island-by-island basis, including— (A) siting and facility configuration; (B) environmental, operational, and safety considerations; (C) the availability of technology; (D) effects on the utility system including reliability; (E) infrastructure and transport requirements; (F) community support; and (G) other factors affecting the economic impact of such an increase and any effect on the economic relationship described in paragraph (2); (4) the technical and economic feasibility of using liquified natural gas to displace residual fuel oil for electric generation, including neighbor island opportunities, and the effect of the displacement on the economic relationship described in paragraph (2), including— (A) the availability of supply; (B) siting and facility configuration for onshore and offshore liquified natural gas receiving terminals; (C) the factors described in subparagraphs (B) through (F) of paragraph (3); and (D) other economic factors; (5) the technical and economic feasibility of using renewable energy sources (including hydrogen) for ground, marine, and air transportation energy applications to displace the use of refined petroleum products, on an island-by-island basis, and the economic impact of the displacement on the relationship described in (2); and (6) an island-by-island approach to— (A) the development of hydrogen from renewable resources; and (B) the application of hydrogen to the energy needs of Hawaii (b) Contracting authority \nThe Secretary of Energy may carry out the assessment under subsection (a) directly or, in whole or in part, through 1 or more contracts with qualified public or private entities. (c) Report \nNot later than 300 days after the date of enactment of this Act, the Secretary of Energy shall prepare, in consultation with agencies of the State of Hawaii and other stakeholders, as appropriate, and submit to Congress, a report detailing the findings, conclusions, and recommendations resulting from the assessment. (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H36D27EDD0E934A8BBF01FA17CB4527ED", "header": "Assessment of dependence of State of Hawaii on oil" }, { "text": "325. Deadline for decision on appeals of consistency determination under the Coastal Zone Management Act of 1972 \n(a) In General \nSection 319 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1465 ) is amended to read as follows: 319. Appeals to the Secretary \n(a) Notice \nThe Secretary shall publish an initial notice in the Federal Register not later than 30 days after the date of the filing of any appeal to the Secretary of a consistency determination under section 307. (b) Closure of record \n(1) In General \nNot later than the end of the 120-day period beginning on the date of publication of an initial notice under subsection (a), the Secretary shall receive no more filings on the appeal and the administrative record regarding the appeal shall be closed. (2) Notice \nUpon the closure of the administrative record, the Secretary shall immediately publish a notice that the administrative record has been closed. (c) Deadline for decision \nThe Secretary shall issue a decision in any appeal filed under section 307 not later than 120 days after the closure of the administrative record. (d) Application \nThis section applies to appeals initiated by the Secretary and appeals filed by an applicant.. (b) Application \n(1) In General \nExcept as provided in paragraph (2), the amendment made by subsection (a) shall apply with respect to any appeal initiated or filed before, on, or after the date of enactment of this Act. (2) Limitation \nSubsection (a) of section 319 of the Coastal Zone Management Act of 1972 (as amended by subsection (a)) shall not apply with respect to an appeal initiated or filed before the date of enactment of this Act. (c) Closure of record for appeal filed before date of enactment \nNotwithstanding section 319(b)(1) of the Coastal Zone Management Act of 1972 (as amended by this section), in the case of an appeal of a consistency determination under section 307 of that Act initiated or filed before the date of enactment of this Act, the Secretary of Commerce shall receive no more filings on the appeal and the administrative record regarding the appeal shall be closed not later than 120 days after the date of enactment of this Act.", "id": "H8FA2F48D9D0C4F09A2E0C670710777FF", "header": "Deadline for decision on appeals of consistency determination under the Coastal Zone Management Act of 1972" }, { "text": "319. Appeals to the Secretary \n(a) Notice \nThe Secretary shall publish an initial notice in the Federal Register not later than 30 days after the date of the filing of any appeal to the Secretary of a consistency determination under section 307. (b) Closure of record \n(1) In General \nNot later than the end of the 120-day period beginning on the date of publication of an initial notice under subsection (a), the Secretary shall receive no more filings on the appeal and the administrative record regarding the appeal shall be closed. (2) Notice \nUpon the closure of the administrative record, the Secretary shall immediately publish a notice that the administrative record has been closed. (c) Deadline for decision \nThe Secretary shall issue a decision in any appeal filed under section 307 not later than 120 days after the closure of the administrative record. (d) Application \nThis section applies to appeals initiated by the Secretary and appeals filed by an applicant.", "id": "H84D7A08D786D4053B695E9F186E9F658", "header": "Appeals to the Secretary" }, { "text": "326. Reimbursement for costs of NEPA analyses, documentation, and studies \n(a) In General \nThe Mineral Leasing Act is amended by inserting after section 37 ( 30 U.S.C. 193 ) the following: 38. Reimbursement for costs of certain analyses, documentation, and studies \n(a) In General \nThe Secretary of the Interior may reimburse a person that is a lessee, operator, operating rights owner, or applicant for any lease under this Act for reasonable amounts paid by the person for preparation for the Secretary by a contractor or other person selected by the Secretary of any project-level analysis, documentation, or related study required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the costs voluntarily; (3) the person maintains records of its costs in accordance with regulations issued by the Secretary; (4) the reimbursement is in the form of a reduction in the Federal share of the royalty required to be paid for the lease for which the analysis, documentation, or related study is conducted, and is agreed to by the Secretary and the person reimbursed prior to commencing the analysis, documentation, or related study; and (5) the agreement required under paragraph (4) contains provisions— (A) reducing royalties owed on lease production based on market prices; (B) stipulating an automatic termination of the royalty reduction upon recovery of documented costs; and (C) providing a process by which the lessee may seek reimbursement for circumstances in which production from the specified lease is not possible.. (b) Application \nThe amendment made by this section shall apply with respect to an analysis, documentation, or a related study conducted on or after the date of enactment of this Act for any lease entered into before, on, or after the date of enactment of this Act. (c) Deadline for regulations \nThe Secretary shall issue regulations implementing the amendment made by this section by not later than 1 year after the date of enactment of this Act.", "id": "H81EAA82D5FFE4471B1906E98BCD36FF8", "header": "Reimbursement for costs of NEPA analyses, documentation, and studies" }, { "text": "38. Reimbursement for costs of certain analyses, documentation, and studies \n(a) In General \nThe Secretary of the Interior may reimburse a person that is a lessee, operator, operating rights owner, or applicant for any lease under this Act for reasonable amounts paid by the person for preparation for the Secretary by a contractor or other person selected by the Secretary of any project-level analysis, documentation, or related study required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the costs voluntarily; (3) the person maintains records of its costs in accordance with regulations issued by the Secretary; (4) the reimbursement is in the form of a reduction in the Federal share of the royalty required to be paid for the lease for which the analysis, documentation, or related study is conducted, and is agreed to by the Secretary and the person reimbursed prior to commencing the analysis, documentation, or related study; and (5) the agreement required under paragraph (4) contains provisions— (A) reducing royalties owed on lease production based on market prices; (B) stipulating an automatic termination of the royalty reduction upon recovery of documented costs; and (C) providing a process by which the lessee may seek reimbursement for circumstances in which production from the specified lease is not possible.", "id": "HB88F91A01CFC4474B5F1EDB450E53922", "header": "Reimbursement for costs of certain analyses, documentation, and studies" }, { "text": "327. Hydraulic fracturing \nParagraph (1) of section 1421(d) of the Safe Drinking Water Act ( 42 U.S.C. 300h(d) ) is amended to read as follows: (1) Underground injection \nThe term underground injection — (A) means the subsurface emplacement of fluids by well injection; and (B) excludes— (i) the underground injection of natural gas for purposes of storage; and (ii) the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil or gas production activities..", "id": "HD4EFE8651D2D4D5EB016D9307EC5CAEB", "header": "Hydraulic fracturing" }, { "text": "328. Oil and gas exploration and production defined \nSection 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by adding at the end the following: (24) Oil and gas exploration and production \nThe term oil and gas exploration, production, processing, or treatment operations or transmission facilities means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities..", "id": "H184867997DEB4816BB35EEEA723922FB", "header": "Oil and gas exploration and production defined" }, { "text": "329. Outer Continental Shelf provisions \n(a) Storage on the outer Continental Shelf \nSection 5(a)(5) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(5) ) is amended by inserting from any source after oil and gas. (b) Deepwater projects \nSection 6 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1505 ) is amended by adding at the end the following: (d) Reliance on activities of other agencies \nIn fulfilling the requirements of section 5(f)— (1) to the extent that other Federal agencies have prepared environmental impact statements, are conducting studies, or are monitoring the affected human, marine, or coastal environment, the Secretary may use the information derived from those activities in lieu of directly conducting such activities; and (2) the Secretary may use information obtained from any State or local government or from any person.. (c) Natural gas defined \nSection 3(13) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1502(13) ) is amended to read as follows: (13) natural gas means— (A) natural gas unmixed; or (B) any mixture of natural or artificial gas, including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas;.", "id": "HBFD820C0C6B54F98B22C83A63C90928D", "header": "Outer Continental Shelf provisions" }, { "text": "330. Appeals relating to pipeline construction or offshore mineral development projects \n(a) Agency of record, pipeline construction projects \nAny Federal administrative agency proceeding that is an appeal or review under section 319 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1465 ), as amended by this Act, related to Federal authority for an interstate natural gas pipeline construction project, including construction of natural gas storage and liquefied natural gas facilities, shall use as its exclusive record for all purposes the record compiled by the Federal Energy Regulatory Commission pursuant to the Commission’s proceeding under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b , 717f). (b) Sense of Congress \nIt is the sense of Congress that all Federal and State agencies with jurisdiction over interstate natural gas pipeline construction activities should coordinate their proceedings within the timeframes established by the Federal Energy Regulatory Commission when the Commission is acting under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b , 717f) to determine whether a certificate of public convenience and necessity should be issued for a proposed interstate natural gas pipeline. (c) Agency of record, offshore mineral development projects \nAny Federal administrative agency proceeding that is an appeal or review under section 319 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1465 ), as amended by this Act, related to Federal authority for the permitting, approval, or other authorization of energy projects, including projects to explore, develop, or produce mineral resources in or underlying the outer Continental Shelf shall use as its exclusive record for all purposes (except for the filing of pleadings) the record compiled by the relevant Federal permitting agency.", "id": "HBA615A8040FB4157BF57C710770030C9", "header": "Appeals relating to pipeline construction or offshore mineral development projects" }, { "text": "331. Bilateral international oil supply agreements \n(a) In General \nNotwithstanding any other provision of law, the President may export oil to, or secure oil for, any country pursuant to a bilateral international oil supply agreement entered into by the United States with the country before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. (b) Memorandum of Agreement \nThe following agreements are deemed to have entered into force by operation of law and are deemed to have no termination date: (1) The agreement entitled Agreement amending and extending the memorandum of agreement of June 22, 1979 , entered into force November 13, 1994 (TIAS 12580). (2) The agreement entitled Agreement amending the contingency implementing arrangements of October 17, 1980 , entered into force June 27, 1995 (TIAS 12670).", "id": "HC954E6B53131440CBFF01E69A58E6BAF", "header": "Bilateral international oil supply agreements" }, { "text": "332. Natural gas market reform \n(a) Clarification of existing CFTC authority \n(1) False reporting \nSection 9(a)(2) of the Commodity Exchange Act ( 7 U.S.C. 13(a)(2) ) is amended by striking false or misleading or knowingly inaccurate reports and inserting knowingly false or knowingly misleading or knowingly inaccurate reports. (2) Commission administrative and civil authority \nSection 9 of the Commodity Exchange Act ( 7 U.S.C. 13 ) is amended by redesignating subsection (f) as subsection (e), and adding: (f) Commission administrative and civil authority \nThe Commission may bring administrative or civil actions as provided in this Act against any person for a violation of any provision of this section including, but not limited to, false reporting under subsection (a)(2).. (3) Effect of amendments \nThe amendments made by paragraphs (1) and (2) restate, without substantive change, existing burden of proof provisions and existing Commission civil enforcement authority, respectively. These clarifying changes do not alter any existing burden of proof or grant any new statutory authority. The provisions of this section, as restated herein, continue to apply to any action pending on or commenced after the date of enactment of this Act for any act, omission, or violation occurring before, on, or after, such date of enactment. (b) Fraud authority \nSection 4b of the Commodity Exchange Act ( 7 U.S.C. 6b ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by striking subsection (a) and inserting the following: (a) It shall be unlawful— (1) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery or in interstate commerce, that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or (2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or other agreement, contract, or transaction subject to section 5a(g) (1) and (2) of this Act, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market— (A) to cheat or defraud or attempt to cheat or defraud such other person; (B) willfully to make or cause to be made to such other person any false report or statement or willfully to enter or cause to be entered for such other person any false record; (C) willfully to deceive or attempt to deceive such other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of subsection (a)(2), with such other person; or (D) (i) to bucket an order if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market; or (ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of such other person to become the buyer in respect to any selling order of such other person, or become the seller in respect to any buying order of such other person, if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market. (b) Subsection (a)(2) shall not obligate any person, in connection with a transaction in a contract of sale of a commodity for future delivery, or other agreement, contract or transaction subject to section 5a(g) (1) and (2) of this Act, with another person, to disclose to such other person nonpublic information that may be material to the market price of such commodity or transaction, except as necessary to make any statement made to such other person in connection with such transaction, not misleading in any material respect.. (c) Jurisdiction of the CFTC \nThe Natural Gas Act ( 15 U.S.C. 717 et seq. ) is amended by adding at the end: 26. Jurisdiction \nThis Act shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ). Any request for information by the Commission to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity, and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission, which shall cooperate in responding to any information request by the Commission.. (d) Increased penalties \nSection 21 of the Natural Gas Act ( 15 U.S.C. 717t ) is amended— (1) in subsection (a)— (A) by striking $5,000 and inserting $1,000,000 ; and (B) by striking two years and inserting 5 years ; and (2) in subsection (b), by striking $500 and inserting $50,000.", "id": "HC462FAFAA8EE4752AF2679BFCC6593F0", "header": "Natural gas market reform" }, { "text": "26. Jurisdiction \nThis Act shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ). Any request for information by the Commission to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity, and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission, which shall cooperate in responding to any information request by the Commission.", "id": "H5A28C8D4B7C54EC4B7B8D56968F7F9ED", "header": "Jurisdiction" }, { "text": "333. Natural gas market transparency \nThe Natural Gas Act (15 U.S.C 717 et seq.) is amended— (1) by redesignating section 24 as section 25; and (2) by inserting after section 23 the following: 24. Natural gas market transparency \n(a) Authorization \n(1) Not later than 180 days after the date of enactment of the Energy Policy Act of 2003, the Federal Energy Regulatory Commission shall issue rules directing all entities subject to the Commission’s jurisdiction as provided under this Act to timely report information about the availability and prices of natural gas sold at wholesale in interstate commerce to the Commission and price publishers. (2) The Commission shall evaluate the data for adequate price transparency and accuracy. (3) Rules issued under this subsection requiring the reporting of information to the Commission that may become publicly available shall be limited to aggregate data and transaction-specific data that are otherwise required by the Commission to be made public. (4) In exercising its authority under this section, the Commission shall not— (A) compete with, or displace from the market place, any price publisher; or (B) regulate price publishers or impose any requirements on the publication of information. (b) Timely enforcement \nNo person shall be subject to any penalty under this section with respect to a violation occurring more than 3 years before the date on which the Federal Energy Regulatory Commission seeks to assess a penalty. (c) Limitation on Commission authority \n(1) The Commission shall not condition access to interstate pipeline transportation upon the reporting requirements authorized under this section. (2) Natural gas sales by a producer that are attributable to volumes of natural gas produced by such producer shall not be subject to the rules issued pursuant to this section. (3) The Commission shall not require natural gas producers, processors, or users who have a de minimis market presence to participate in the reporting requirements provided in this section..", "id": "H874001941E814C62A33450001826E968", "header": "Natural gas market transparency" }, { "text": "24. Natural gas market transparency \n(a) Authorization \n(1) Not later than 180 days after the date of enactment of the Energy Policy Act of 2003, the Federal Energy Regulatory Commission shall issue rules directing all entities subject to the Commission’s jurisdiction as provided under this Act to timely report information about the availability and prices of natural gas sold at wholesale in interstate commerce to the Commission and price publishers. (2) The Commission shall evaluate the data for adequate price transparency and accuracy. (3) Rules issued under this subsection requiring the reporting of information to the Commission that may become publicly available shall be limited to aggregate data and transaction-specific data that are otherwise required by the Commission to be made public. (4) In exercising its authority under this section, the Commission shall not— (A) compete with, or displace from the market place, any price publisher; or (B) regulate price publishers or impose any requirements on the publication of information. (b) Timely enforcement \nNo person shall be subject to any penalty under this section with respect to a violation occurring more than 3 years before the date on which the Federal Energy Regulatory Commission seeks to assess a penalty. (c) Limitation on Commission authority \n(1) The Commission shall not condition access to interstate pipeline transportation upon the reporting requirements authorized under this section. (2) Natural gas sales by a producer that are attributable to volumes of natural gas produced by such producer shall not be subject to the rules issued pursuant to this section. (3) The Commission shall not require natural gas producers, processors, or users who have a de minimis market presence to participate in the reporting requirements provided in this section.", "id": "HB07EA1E28BCE4432B517F278C3733522", "header": "Natural gas market transparency" }, { "text": "341. Office of Federal Energy Project Coordination \n(a) Establishment \nThe President shall establish the Office of Federal Energy Project Coordination (referred to in this section as the Office ) within the Executive Office of the President in the same manner and with the same mission as the White House Energy Projects Task Force established by Executive Order No. 13212 ( 42 U.S.C. 13201 note). (b) Staffing \nThe Office shall be staffed by functional experts from relevant Federal agencies on a nonreimbursable basis to carry out the mission of the Office. (c) Report \nThe Office shall transmit an annual report to Congress that describes the activities put in place to coordinate and expedite Federal decisions on energy projects. The report shall list accomplishments in improving the Federal decisionmaking process and shall include any additional recommendations or systemic changes needed to establish a more effective and efficient Federal permitting process.", "id": "HC03406CDF1004CF59C8EFA6F9C0924B3", "header": "Office of Federal Energy Project Coordination" }, { "text": "342. Federal onshore oil and gas leasing and permitting practices \n(a) Review of onshore oil and gas leasing practices \n(1) In General \nThe Secretary of the Interior, in consultation with the Secretary of Agriculture with respect to National Forest System lands under the jurisdiction of the Department of Agriculture, shall perform an internal review of current Federal onshore oil and gas leasing and permitting practices. (2) Inclusions \nThe review shall include the process for— (A) accepting or rejecting offers to lease; (B) administrative appeals of decisions or orders of officers or employees of the Bureau of Land Management with respect to a Federal oil or gas lease; (C) considering surface use plans of operation, including the timeframes in which the plans are considered, and any recommendations for improving and expediting the process; and (D) identifying stipulations to address site-specific concerns and conditions, including those stipulations relating to the environment and resource use conflicts. (b) Report \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall transmit a report to Congress that describes— (1) actions taken under section 3 of Executive Order No. 13212 ( 42 U.S.C. 13201 note); and (2) actions taken or any plans to improve the Federal onshore oil and gas leasing program.", "id": "HABF0AF43A0474A34BE7B00DC6E9951D4", "header": "Federal onshore oil and gas leasing and permitting practices" }, { "text": "343. Management of Federal oil and gas leasing programs \n(a) Timely action on leases and permits \nTo ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (in this section referred to as the Secretary ) shall— (1) ensure expeditious compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); (2) improve consultation and coordination with the States and the public; and (3) improve the collection, storage, and retrieval of information relating to the leasing activities. (b) Best management practices \n(1) In General \nNot later than 18 months after the date of enactment of this Act, the Secretary shall develop and implement best management practices to— (A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (B) ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. (2) Considerations \nIn developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 342. (3) Regulations \nNot later than 180 days after the development of best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the practices, including deadlines for— (A) approving or disapproving resource management plans and related documents, lease applications, and surface use plans; and (B) related administrative appeals. (c) Improved enforcement \nThe Secretary shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill. (d) Authorization of appropriations \nIn addition to amounts authorized to be appropriated to carry out section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ), there are authorized to be appropriated to the Secretary for each of fiscal years 2004 through 2007— (1) $40,000,000 to carry out subsections (a) and (b); and (2) $20,000,000 to carry out subsection (c).", "id": "H5235A7A7CE3342F08495004FF500007F", "header": "Management of Federal oil and gas leasing programs" }, { "text": "344. Consultation regarding oil and gas leasing on public land \n(a) In General \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on— (1) public lands under the jurisdiction of the Secretary of the Interior; and (2) National Forest System lands under the jurisdiction of the Secretary of Agriculture. (b) Contents \nThe memorandum of understanding shall include provisions that— (1) establish administrative procedures and lines of authority that ensure timely processing of oil and gas lease applications, surface use plans of operation, and applications for permits to drill, including steps for processing surface use plans and applications for permits to drill consistent with the timelines established by the amendment made by section 348; (2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; and (3) ensure that lease stipulations are— (A) applied consistently; (B) coordinated between agencies; and (C) only as restrictive as necessary to protect the resource for which the stipulations are applied. (c) Data retrieval system \n(1) In General \nNot later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint data retrieval system that is capable of— (A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and (B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture. (2) Resource mapping \nNot later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint Geographic Information System mapping system for use in— (A) tracking surface resource values to aid in resource management; and (B) processing surface use plans of operation and applications for permits to drill.", "id": "HE20F4F3BFD57445391469E62D6FC542E", "header": "Consultation regarding oil and gas leasing on public land" }, { "text": "345. Estimates of oil and gas resources underlying onshore Federal land \n(a) Assessment \nSection 604 of the Energy Act of 2000 ( 42 U.S.C. 6217 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking reserve ; and (ii) by striking and after the semicolon; and (B) by striking paragraph (2) and inserting the following: (2) the extent and nature of any restrictions or impediments to the development of the resources, including— (A) impediments to the timely granting of leases; (B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and (C) permits or restrictions associated with transporting the resources for entry into commerce; and (3) the quantity of resources not produced or introduced into commerce because of the restrictions. ; (2) in subsection (b)— (A) by striking reserve and inserting resource ; and (B) by striking publically and inserting publicly ; and (3) by striking subsection (d) and inserting the following: (d) Assessments \nUsing the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.. (b) Methodology \nThe Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources.", "id": "H5C5F6511F59140BA97D278A403D5CEEA", "header": "Estimates of oil and gas resources underlying onshore Federal land" }, { "text": "346. Compliance with executive order 13211; actions concerning regulations that significantly affect energy supply, distribution, or use \n(a) Requirement \nThe head of each Federal agency shall require that before the Federal agency takes any action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, the Federal agency taking the action shall comply with Executive Order No. 13211 ( 42 U.S.C. 13201 note). (b) Guidance \nNot later than 180 days after the date of enactment of this Act, the Secretary of Energy shall publish guidance for purposes of this section describing what constitutes a significant adverse effect on the supply of domestic energy resources under Executive Order No. 13211 ( 42 U.S.C. 13201 note). (c) Memorandum of understanding \nThe Secretary of the Interior and the Secretary of Agriculture shall include in the memorandum of understanding under section 344 provisions for implementing subsection (a) of this section.", "id": "H2CF50839BBD94F8F9EB5F15694C722C5", "header": "Compliance with executive order 13211; actions concerning regulations that significantly affect energy supply, distribution, or use" }, { "text": "347. Pilot Project to improve Federal permit coordination \n(a) Establishment \nThe Secretary of the Interior (in this section referred to as the Secretary ) shall establish a Federal Permit Streamlining Pilot Project (in this section referred to as the Pilot Project ). (b) Memorandum of understanding \n(1) In General \nNot later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers for purposes of this section. (2) State participation \nThe Secretary may request that the Governors of Wyoming, Montana, Colorado, Utah, and New Mexico be signatories to the memorandum of understanding. (c) Designation of qualified staff \n(1) In General \nNot later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall assign to each of the field offices identified in subsection (d), on a nonreimbursable basis, an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Duties \nEach employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses. (d) Field offices \nThe following Bureau of Land Management Field Offices shall serve as the Pilot Project offices: (1) Rawlins, Wyoming. (2) Buffalo, Wyoming. (3) Miles City, Montana (4) Farmington, New Mexico. (5) Carlsbad, New Mexico. (6) Glenwood Springs, Colorado. (7) Vernal, Utah. (e) Reports \nNot later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report that— (1) outlines the results of the Pilot Project to date; and (2) makes a recommendation to the President regarding whether the Pilot Project should be implemented throughout the United States. (f) Additional personnel \nThe Secretary shall assign to each field office identified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of— (1) the Pilot Project; and (2) other programs administered by the field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq). (g) Savings provision \nNothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Pilot Project.", "id": "H792C4FDC357649E28E92A3357DAD0D0", "header": "Pilot Project to improve Federal permit coordination" }, { "text": "348. Deadline for consideration of applications for permits \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (p) Deadlines for consideration of applications for permits \n(1) In General \nNot later than 10 days after the date on which the Secretary receives an application for any permit to drill, the Secretary shall— (A) notify the applicant that the application is complete; or (B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. (2) Issuance or deferral \nNot later than 30 days after the applicant for a permit has submitted a complete application, the Secretary shall— (A) issue the permit; or (B) (i) defer decision on the permit; and (ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued. (3) Requirements for deferred applications \n(A) In General \nIf the Secretary provides notice under paragraph (2)(B)(ii), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the Secretary, including providing information needed for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (B) Issuance of decision on permit \nIf the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A). (C) Denial of permit \nIf the applicant does not complete the requirements within the period specified in subparagraph (A), the Secretary shall deny the permit. (q) Report \nOn a quarterly basis, each field office of the Bureau of Land Management and the Forest Service shall transmit to the Secretary of the Interior or the Secretary of Agriculture, respectively, a report that— (1) specifies the number of applications for permits to drill received by the field office in the period covered by the report; and (2) describes how each of the applications was disposed of by the field office..", "id": "H9141F184580C44DAB1BDB21C18379400", "header": "Deadline for consideration of applications for permits" }, { "text": "349. Clarification of fair market rental value determinations for public land and Forest Service rights-of-way \n(a) Linear rights-of-way under Federal Land Policy and Management Act of 1976 \nSection 504 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764 ) is amended by adding at the end the following: (k) Determination of fair market value of linear rights-of-way \n(1) In General \nEffective beginning on the date of the issuance of the rules required by paragraph (2), for purposes of subsection (g), the Secretary concerned shall determine the fair market value for the use of land encumbered by a linear right-of-way granted, issued, or renewed under this title using the valuation method described in paragraphs (2), (3), and (4). (2) Revisions \nNot later than 1 year after the date of enactment of this subsection— (A) the Secretary of the Interior shall amend section 2803.1–2 of title 43, Code of Federal Regulations, as in effect on the date of enactment of this subsection, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and (B) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under this title on National Forest System land. (3) Updates \nThe Secretary concerned shall annually update the schedule revised under paragraph (2) by multiplying the current year’s rental per acre by the annual change, second quarter to second quarter (June 30 to June 30) in the Gross National Product Implicit Price Deflator Index published in the Survey of Current Business of the Department of Commerce, Bureau of Economic Analysis. (4) Review \nIf the cumulative change in the index referred to in paragraph (3) exceeds 30 percent, or the change in the 3-year average of the 1-year Treasury interest rate used to determine per acre rental fee zone values exceeds plus or minus 50 percent, the Secretary concerned shall conduct a review of the zones and rental per acre figures to determine whether the value of Federal land has differed sufficiently from the index referred to in paragraph (3) to warrant a revision in the base zones and rental per acre figures. If, as a result of the review, the Secretary concerned determines that such a revision is warranted, the Secretary concerned shall revise the base zones and rental per acre figures accordingly. Any revision of base zones and rental per acre figure shall only affect lease rental rates at inception or renewal.. (b) Rights-of-way under Mineral Leasing Act \nSection 28( l ) of the Mineral Leasing Act (30 U.S.C. 185( l )) is amended by inserting before the period at the end the following: using the valuation method described in section 2803.1–2 of title 43, Code of Federal Regulations, as revised in accordance with section 504(k) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764(k) ).", "id": "H6867A46A96AF4638AFFD98DD54A4FB4C", "header": "Clarification of fair market rental value determinations for public land and Forest Service rights-of-way" }, { "text": "350. Energy facility rights-of-way and corridors on Federal land \n(a) Report to Congress \n(1) In General \nNot later than 1 year after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Federal Energy Regulatory Commission, shall submit to Congress a joint report— (A) that addresses— (i) the location of existing rights-of-way and designated and de facto corridors for oil and gas pipelines and electric transmission and distribution facilities on Federal land; and (ii) opportunities for additional oil and gas pipeline and electric transmission capacity within those rights-of-way and corridors; and (B) that includes a plan for making available, on request, to the appropriate Federal, State, and local agencies, tribal governments, and other persons involved in the siting of oil and gas pipelines and electricity transmission facilities Geographic Information System-based information regarding the location of the existing rights-of-way and corridors and any planned rights-of-way and corridors. (2) Consultations and considerations \nIn preparing the report, the Secretary of the Interior and the Secretary of Agriculture shall consult with— (A) other agencies of Federal, State, tribal, or local units of government, as appropriate; (B) persons involved in the siting of oil and gas pipelines and electric transmission facilities; and (C) other interested members of the public. (3) Limitation \nThe Secretary of the Interior and the Secretary of Agriculture shall limit the distribution of the report and Geographic Information System-based information referred to in paragraph (1) as necessary for national and infrastructure security reasons, if either Secretary determines that the information may be withheld from public disclosure under a national security or other exception under section 552(b) of title 5, United States Code. (b) Corridor designations \n(1) 11 contiguous Western States \nNot later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior, in consultation with the Federal Energy Regulatory Commission and the affected utility industries, shall jointly— (A) designate, under title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ) and other applicable Federal laws, corridors for oil and gas pipelines and electricity transmission and facilities on Federal land in the eleven contiguous Western States (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (B) perform any environmental reviews that may be required to complete the designations of corridors for the facilities on Federal land in the eleven contiguous Western States; and (C) incorporate the designated corridors into— (i) the relevant departmental and agency land use and resource management plans; or (ii) equivalent plans. (2) Other States \nNot later than 4 years after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior, in consultation with the Federal Energy Regulatory Commission and the affected utility industries, shall jointly— (A) identify corridors for oil and gas pipelines and electricity transmission and distribution facilities on Federal land in the States other than those described in paragraph (1); and (B) schedule prompt action to identify, designate, and incorporate the corridors into the land use plan. (3) Ongoing responsibilities \nAfter completing the requirements under paragraphs (1) and (2), the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior, with respect to lands under their respective jurisdictions, in consultation with the Federal Energy Regulatory Commission and the affected utility industries, shall establish procedures that— (A) ensure that additional corridors for oil and gas pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and designated; and (B) expedite applications to construct or modify oil and gas pipelines and electricity transmission and distribution facilities within the corridors, taking into account prior analyses and environmental reviews undertaken during the designation of corridors. (c) Considerations \nIn carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to— (1) improve reliability; (2) relieve congestion; and (3) enhance the capability of the national grid to deliver electricity. (d) Definition of corridor \n(1) In General \nIn this section and title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ), the term corridor means— (A) a linear strip of land— (i) with a width determined with consideration given to technological, environmental, and topographical factors; and (ii) that contains, or may in the future contain, 1 or more utility, communication, or transportation facilities; (B) a land use designation that is established— (i) by law; (ii) by Secretarial Order; (iii) through the land use planning process; or (iv) by other management decision; and (C) a designation made for the purpose of establishing the preferred location of compatible linear facilities and land uses. (2) Specifications of corridor \nOn designation of a corridor under this section, the centerline, width, and compatible uses of a corridor shall be specified.", "id": "H4CB8582BFC4040E0B7C2C2AE8C00C44C", "header": "Energy facility rights-of-way and corridors on Federal land" }, { "text": "351. Consultation regarding energy rights-of-way on public land \n(a) Memorandum of understanding \n(1) In General \nNot later than 6 months after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility. (2) Contents \nThe memorandum of understanding shall include provisions that— (A) establish— (i) a unified right-of-way application form; and (ii) an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing; (B) provide for coordination of planning relating to the granting of the rights-of-way; (C) provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and (D) provide for coordination of use of right-of-way stipulations to achieve consistency. (b) Natural gas pipelines \n(1) In General \nWith respect to permitting activities for interstate natural gas pipelines, the May 2002 document entitled Interagency Agreement On Early Coordination Of Required Environmental And Historic Preservation Reviews Conducted In Conjunction With The Issuance Of Authorizations To Construct And Operate Interstate Natural Gas Pipelines Certificated By The Federal Energy Regulatory Commission shall constitute compliance with subsection (a). (2) Report \n(A) In General \nNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1). (B) Contents \nThe report shall address— (i) efforts to implement the provisions of the document referred to in paragraph (1); (ii) whether the efforts have had a streamlining effect; (iii) further improvements to the permitting process of the agency; and (iv) recommendations for inclusion of State and tribal governments in a coordinated permitting process. (c) Definition of utility facility \nIn this section, the term utility facility means any privately, publicly, or cooperatively owned line, facility, or system— (1) for the transportation of— (A) oil, natural gas, synthetic liquid fuel, or gaseous fuel; (B) any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or (C) products in support of the production of material referred to in subparagraph (A) or (B); (2) for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or (3) for the generation, transmission, and distribution of electric energy.", "id": "H3624CE4A462046949E70958D9BBC0523", "header": "Consultation regarding energy rights-of-way on public land" }, { "text": "352. Renewable energy on Federal land \n(a) Report \n(1) In General \nNot later than 24 months after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall develop and transmit to Congress a report that includes recommendations on opportunities to develop renewable energy on— (A) public lands under the jurisdiction of the Secretary of the Interior; and (B) National Forest System lands under the jurisdiction of the Secretary of Agriculture. (2) Contents \nThe report shall include— (A) 5-year plans developed by the Secretary of the Interior and the Secretary of Agriculture, respectively, for encouraging the development of renewable energy consistent with applicable law and management plans; (B) an analysis of— (i) the use of rights-of-way, leases, or other methods to develop renewable energy on such lands; (ii) the anticipated benefits of grants, loans, tax credits, or other provisions to promote renewable energy development on such lands; and (iii) any issues that the Secretary of the Interior or the Secretary of Agriculture have encountered in managing renewable energy projects on such lands, believe are likely to arise in relation to the development of renewable energy on such lands; (C) a list, developed in consultation with the Secretary of Energy and the Secretary of Defense, of lands under the jurisdiction of the Department of Energy or the Department of Defense that would be suitable for development for renewable energy, and any recommended statutory and regulatory mechanisms for such development; and (D) any recommendations relating to the issues addressed in the report. (b) National Academy of Sciences study \n(1) In General \nNot later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall contract with the National Academy of Sciences to— (A) study the potential for the development of wind, solar, and ocean energy (including tidal, wave, and thermal energy) on the outer Continental Shelf; (B) assess existing Federal authorities for the development of such resources; and (C) recommend statutory and regulatory mechanisms for such development. (2) Transmittal \nThe results of the study shall be transmitted to Congress not later than 2 years after the date of enactment of this Act. (c) Generation capacity of electricity from renewable energy resources on public land \nThe Secretary of the Interior shall, not later than 10 years after the date of enactment of this Act, seek to approve renewable energy projects located (or to be located) on public lands with a generation capacity of at least 10,000 megawatts of electricity.", "id": "H26731157B1754DC3B38BEC11E962C931", "header": "Renewable energy on Federal land" }, { "text": "353. Electricity transmission line right-of-way, cleveland national forest and adjacent public land, California \n(a) Issuance \n(1) In General \nNot later than 60 days after the completion of the environmental reviews under subsection (c), the Secretary of the Interior and the Secretary of Agriculture shall issue all necessary grants, easements, permits, plan amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line right-of-way running approximately north to south through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service. (2) Inclusions \nThe right-of-way approvals under paragraph (1) shall provide all necessary Federal authorization from the Secretary of the Interior and the Secretary of Agriculture for the routing, construction, operation, and maintenance of a 500-kilovolt transmission line capable of meeting the long-term electricity transmission needs of the region between the existing Valley-Serrano transmission line to the north and the Telega-Escondido transmission line to the south, and for connecting to future generating capacity that may be developed in the region. (b) Protection of wilderness areas \nThe Secretary of the Interior and the Secretary of Agriculture shall not allow any portion of a transmission line right-of-way corridor identified in subsection (a) to enter any identified wilderness area in existence as of the date of enactment of this Act. (c) Environmental and administrative reviews \n(1) Department of interior or local agency \nThe Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall be the lead Federal agency with overall responsibility to ensure completion of required environmental and other reviews of the approvals to be issued under subsection (a). (2) National Forest System land \nFor the portions of the corridor on National Forest System lands, the Secretary of Agriculture shall complete all required environmental reviews and administrative actions in coordination with the Secretary of the Interior. (3) Expeditious completion \nThe reviews required for issuance of the approvals under subsection (a) shall be completed not later than 1 year after the date of the enactment of this Act. (d) Other terms and conditions \nThe transmission line right-of-way shall be subject to such terms and conditions as the Secretary of the Interior and the Secretary of Agriculture consider necessary, based on the environmental reviews under subsection (c), to protect the value of historic, cultural, and natural resources under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (e) Preference among proposals \nThe Secretary of the Interior and the Secretary of Agriculture shall give a preference to any application or preapplication proposal for a transmission line right-of-way referred to in subsection (a) that was submitted before December 31, 2002, over all other applications and proposals for the same or a similar right-of-way submitted on or after that date.", "id": "HAAA81B40E88B4CCBB483CB8000BB1756", "header": "Electricity transmission line right-of-way, cleveland national forest and adjacent public land, California" }, { "text": "354. Sense of Congress regarding development of MINERALS under Padre Island National Seashore \n(a) Findings \nCongress finds the following: (1) Pursuant to Public Law 87–712 ( 16 U.S.C. 459d et seq. ; popularly known as the Federal Enabling Act ) and various deeds and actions under that Act, the United States is the owner of only the surface estate of certain lands constituting the Padre Island National Seashore. (2) Ownership of the oil, gas, and other minerals in the subsurface estate of the lands constituting the Padre Island National Seashore was never acquired by the United States, and ownership of those interests is held by the State of Texas and private parties. (3) Public Law 87–712 ( 16 U.S.C. 459d et seq. )— (A) expressly contemplated that the United States would recognize the ownership and future development of the oil, gas, and other minerals in the subsurface estate of the lands constituting the Padre Island National Seashore by the owners and their mineral lessees; and (B) recognized that approval of the State of Texas was required to create Padre Island National Seashore. (4) Approval was given for the creation of Padre Island National Seashore by the State of Texas through Tex. Rev. Civ. Stat. Ann. Art. 6077(t) (Vernon 1970), which expressly recognized that development of the oil, gas, and other minerals in the subsurface of the lands constituting Padre Island National Seashore would be conducted with full rights of ingress and egress under the laws of the State of Texas. (b) Sense of Congress \nIt is the sense of Congress that with regard to Federal law, any regulation of the development of oil, gas, or other minerals in the subsurface of the lands constituting Padre Island National Seashore should be made as if those lands retained the status that the lands had on September 27, 1962.", "id": "HBBF407F6D62645279DEE00B1971F1CFB", "header": "Sense of Congress regarding development of MINERALS under Padre Island National Seashore" }, { "text": "355. Encouraging prohibition of off-shore Drilling in the Great Lakes \nCongress encourages— (1) the States of Illinois, Michigan, New York, Pennsylvania, and Wisconsin to continue to prohibit offshore drilling in the Great Lakes for oil and gas; and (2) the States of Indiana, Minnesota, and Ohio to enact a prohibition of such drilling.", "id": "H8BB54D85D2534465A2DCF7425CA5393C", "header": "Encouraging prohibition of off-shore Drilling in the Great Lakes" }, { "text": "356. Finger Lakes National Forest withdrawal \nAll Federal land within the boundary of Finger Lakes National Forest in the State of New York is withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; and (2) disposition under all laws relating to oil and gas leasing.", "id": "H1640915DB04248ACB69E812B6969C8C0", "header": "Finger Lakes National Forest withdrawal" }, { "text": "357. Study on lease exchanges in the rocky mountain front \n(a) Definitions \nFor the purposes of this section: (1) Badger-Two Medicine Area \nThe term Badger-Two Medicine Area means the Forest Service land located in— (A) T. 31 N., R. 12–13 W.; (B) T. 30 N., R. 11–13 W.; (C) T. 29 N., R. 10–16 W.; and (D) T. 28 N., R. 10–14 W. (2) Blackleaf Area \nThe term Blackleaf Area means the Federal land owned by the Forest Service and Bureau of Land Management that is located in— (A) T. 27 N., R. 9 W.; (B) T. 26 N., R. 9–10 W.; (C) T. 25 N., R. 8–10 W.; and (D) T. 24 N., R. 8–9 W. (3) Eligible lessee \nThe term eligible lessee means a lessee under a nonproducing lease. (4) Nonproducing lease \nThe term nonproducing lease means a Federal oil or gas lease— (A) that is in existence and in good standing on the date of enactment of this Act; and (B) that is located in the Badger-Two Medicine Area or the Blackleaf Area. (5) Secretary \nThe term Secretary means the Secretary of the Interior. (6) State \nThe term State means the State of Montana. (b) Evaluation \n(1) In General \nThe Secretary, in consultation with the Governor of the State, and the eligible lessees, shall evaluate opportunities for domestic oil and gas production through the exchange of the nonproducing leases. (2) Requirements \nIn carrying out the evaluation under subsection (a), the Secretary shall— (A) consider opportunities for domestic production of oil and gas through— (i) the exchange of the nonproducing leases for oil and gas lease tracts of comparable value in the State; and (ii) the issuance of bidding, royalty, or rental credits for Federal oil and gas leases in the State in exchange for the cancellation of the nonproducing leases; (B) consider any other appropriate means to exchange, or provide compensation for the cancellation of, nonproducing leases, subject to the consent of the eligible lessees; (C) consider the views of any interested persons, including the State; (D) determine the level of interest of the eligible lessees in exchanging the nonproducing leases; (E) assess the economic impact on the lessees and the State of lease exchange, lease cancellation, and final judicial or administrative decisions related to the nonproducing leases; and (F) provide recommendations on— (i) whether to pursue an exchange of the nonproducing leases; (ii) any changes in laws (including regulations) that are necessary for the Secretary to carry out the exchange; and (iii) any other appropriate means to exchange or provide compensation for the cancellation of a nonproducing lease, subject to the consent of the eligible lessee. (c) Valuation of nonproducing leases \nFor the purpose of the evaluation under subsection (a), the value of a nonproducing lease shall be an amount equal to the difference between— (1) the sum of— (A) the amount paid by the eligible lessee for the nonproducing lease; (B) any direct expenditures made by the eligible lessee before the transmittal of the report in subsection (c) associated with the exploration and development of the nonproducing lease; and (C) interest on any amounts under subparagraphs (A) and (B) during the period beginning on the date on which the amount was paid and ending on the date on which credits are issued under subsection (b)(2)(A)(ii); and (2) the sum of the revenues from the nonproducing lease. (d) Report to Congress \nNot later than 2 years after the date of the enactment of this Act, the Secretary shall initiate the evaluation in subsection (b) and transmit to Congress a report on the evaluation.", "id": "H0CE31F405BF04D89B04E9D1903F54349", "header": "Study on lease exchanges in the rocky mountain front" }, { "text": "358. Federal coalbed methane regulation \nAny State currently on the list of Affected States established under section 1339(b) of the Energy Policy Act of 1992 ( 42 U.S.C. 13368(b) ) shall be removed from the list if, not later than 3 years after the date of enactment of this Act, the State takes, or prior to the date of enactment has taken, any of the actions required for removal from the list under such section 1339(b).", "id": "HEF5FE6C50AE645F18C3728CCFFCF078F", "header": "Federal coalbed methane regulation" }, { "text": "359. Livingston parish mineral rights transfer \n(a) Amendments \nSection 102 of Public Law 102–562 (106 Stat. 4234) is amended— (1) by striking (a) In General.— ; (2) by striking and subject to the reservation in subsection (b), ; and (3) by striking subsection (b). (b) Implementation of amendment \nThe Secretary of the Interior shall execute the legal instruments necessary to effectuate the amendment made by subsection (a)(3).", "id": "H81FEC660813143C4A568C8DFD5F57D86", "header": "Livingston parish mineral rights transfer" }, { "text": "371. Short title \nThis subtitle may be cited as the Alaska Natural Gas Pipeline Act.", "id": "H826225B60BC54F7986FFE86142190062", "header": "Short title" }, { "text": "372. Definitions \nIn this subtitle: (1) Alaska natural gas \nThe term Alaska natural gas means natural gas derived from the area of the State of Alaska lying north of 64 degrees north latitude. (2) Alaska natural gas transportation project \nThe term Alaska natural gas transportation project means any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under— (A) the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. ); or (B) section 373. (3) Alaska Natural Gas Transportation System \nThe term Alaska natural gas transportation system means the Alaska natural gas transportation project authorized under the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. ) and designated and described in section 2 of the President’s decision. (4) Commission \nThe term Commission means the Federal Energy Regulatory Commission. (5) Federal Coordinator \nThe term Federal Coordinator means the head of the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects established by section 376(a). (6) President’s decision \nThe term President’s decision means the decision and report to Congress on the Alaska natural gas transportation system— (A) issued by the President on September 22, 1977, in accordance with section 7 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719e ); and (B) approved by Public Law 95–158 ( 15 U.S.C. 719f note; 91 Stat. 1268). (7) Secretary \nThe term Secretary means the Secretary of Energy. (8) State \nThe term State means the State of Alaska.", "id": "H98216FF8CAAE44F4B4EE68A0FF255DB7", "header": "Definitions" }, { "text": "373. Issuance of certificate of public convenience and necessity \n(a) Authority of the Commission \nNotwithstanding the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. ), the Commission may, in accordance with section 7(c) of the Natural Gas Act ( 15 U.S.C. 717f(c) ), consider and act on an application for the issuance of a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project other than the Alaska natural gas transportation system. (b) Issuance of certificate \n(1) In General \nThe Commission shall issue a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project under this section if the applicant has satisfied the requirements of section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) ). (2) Considerations \nIn considering an application under this section, the Commission shall presume that— (A) a public need exists to construct and operate the proposed Alaska natural gas transportation project; and (B) sufficient downstream capacity will exist to transport the Alaska natural gas moving through the project to markets in the contiguous United States. (c) Expedited approval process \nNot later than 60 days after the date of issuance of the final environmental impact statement under section 374 for an Alaska natural gas transportation project, the Commission shall issue a final order granting or denying any application for a certificate of public convenience and necessity for the project under section 7(c) of the Natural Gas Act ( 15 U.S.C. 717f(c) ) and this section. (d) Prohibition of certain pipeline route \nNo license, permit, lease, right-of-way, authorization, or other approval required under Federal law for the construction of any pipeline to transport natural gas from land within the Prudhoe Bay oil and gas lease area may be granted for any pipeline that follows a route that— (1) traverses land beneath navigable waters (as defined in section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 )) beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 degrees north latitude. (e) Open season \n(1) In General \nNot later than 120 days after the date of enactment of this Act, the Commission shall issue regulations governing the conduct of open seasons for Alaska natural gas transportation projects (including procedures for the allocation of capacity). (2) Regulations \nThe regulations referred to in paragraph (1) shall— (A) include the criteria for and timing of any open seasons; (B) promote competition in the exploration, development, and production of Alaska natural gas; and (C) for any open season for capacity exceeding the initial capacity, provide the opportunity for the transportation of natural gas other than from the Prudhoe Bay and Point Thomson units. (3) Applicability \nExcept in a case in which an expansion is ordered in accordance with section 375, initial or expansion capacity on any Alaska natural gas transportation project shall be allocated in accordance with procedures to be established by the Commission in regulations issued under paragraph (1). (f) Projects in the contiguous United States \n(1) In General \nAn application for additional or expanded pipeline facilities that may be required to transport Alaska natural gas from Canada to markets in the contiguous United States may be made in accordance with the Natural Gas Act ( 15 U.S.C. 717a et seq. ). (2) Expansion \nTo the extent that a pipeline facility described in paragraph (1) includes the expansion of any facility constructed in accordance with the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. ), that Act shall continue to apply. (g) Study of in-state needs \nThe holder of the certificate of public convenience and necessity issued, modified, or amended by the Commission for an Alaska natural gas transportation project shall demonstrate that the holder has conducted a study of Alaska in-State needs, including tie-in points along the Alaska natural gas transportation project for in-State access. (h) Alaska royalty gas \n(1) In General \nExcept as provided in paragraph (2), the Commission, on a request by the State and after a hearing, may provide for reasonable access to the Alaska natural gas transportation project by the State (or State designee) for the transportation of royalty gas of the State for the purpose of meeting local consumption needs within the State. (2) Exception \nThe rates of shippers of subscribed capacity on an Alaska natural gas transportation project described in paragraph (1), as in effect as of the date on which access under that paragraph is granted, shall not be increased as a result of such access. (i) Regulations \nThe Commission may issue such regulations as are necessary to carry out this section.", "id": "H5C580C35096A42B0B1DB2B8D040059FE", "header": "Issuance of certificate of public convenience and necessity" }, { "text": "374. Environmental reviews \n(a) Compliance with NEPA \nThe issuance of a certificate of public convenience and necessity authorizing the construction and operation of any Alaska natural gas transportation project under section 373 shall be treated as a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (b) Designation of lead agency \n(1) In General \nThe Commission— (A) shall be the lead agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) shall be responsible for preparing the environmental impact statement required by section 102(2)(c) of that Act (42 U.S.C. 4332(2)(c)) with respect to an Alaska natural gas transportation project under section 373. (2) Consolidation of statements \nIn carrying out paragraph (1), the Commission shall prepare a single environmental impact statement, which shall consolidate the environmental reviews of all Federal agencies considering any aspect of the Alaska natural gas transportation project covered by the environmental impact statement. (c) Other agencies \n(1) In General \nEach Federal agency considering an aspect of the construction and operation of an Alaska natural gas transportation project under section 373 shall— (A) cooperate with the Commission; and (B) comply with deadlines established by the Commission in the preparation of the environmental impact statement under this section. (2) Satisfaction of NEPA requirements \nThe environmental impact statement prepared under this section shall be adopted by each Federal agency described in paragraph (1) in satisfaction of the responsibilities of the Federal agency under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) with respect to the Alaska natural gas transportation project covered by the environmental impact statement. (d) Expedited process \nThe Commission shall— (1) not later than 1 year after the Commission determines that the application under section 373 with respect to an Alaska natural gas transportation project is complete, issue a draft environmental impact statement under this section; and (2) not later than 180 days after the date of issuance of the draft environmental impact statement, issue a final environmental impact statement, unless the Commission for good cause determines that additional time is needed.", "id": "HF41ED5C18B7F484696F0D5B1C3E16C34", "header": "Environmental reviews" }, { "text": "375. Pipeline expansion \n(a) Authority \nWith respect to any Alaska natural gas transportation project, on a request by 1 or more persons and after giving notice and an opportunity for a hearing, the Commission may order the expansion of the Alaska natural gas project if the Commission determines that such an expansion is required by the present and future public convenience and necessity. (b) Responsibilities of Commission \nBefore ordering an expansion under subsection (a), the Commission shall— (1) approve or establish rates for the expansion service that are designed to ensure the recovery, on an incremental or rolled-in basis, of the cost associated with the expansion (including a reasonable rate of return on investment); (2) ensure that the rates do not require existing shippers on the Alaska natural gas transportation project to subsidize expansion shippers; (3) find that a proposed shipper will comply with, and the proposed expansion and the expansion of service will be undertaken and implemented based on, terms and conditions consistent with the tariff of the Alaska natural gas transportation project in effect as of the date of the expansion; (4) find that the proposed facilities will not adversely affect the financial or economic viability of the Alaska natural gas transportation project; (5) find that the proposed facilities will not adversely affect the overall operations of the Alaska natural gas transportation project; (6) find that the proposed facilities will not diminish the contract rights of existing shippers to previously subscribed certificated capacity; (7) ensure that all necessary environmental reviews have been completed; and (8) find that adequate downstream facilities exist or are expected to exist to deliver incremental Alaska natural gas to market. (c) Requirement for a firm transportation Agreement \nAny order of the Commission issued in accordance with this section shall be void unless the person requesting the order executes a firm transportation agreement with the Alaska natural gas transportation project within such reasonable period of time as the order may specify. (d) Limitation \nNothing in this section expands or otherwise affects any authority of the Commission with respect to any natural gas pipeline located outside the State. (e) Regulations \nThe Commission may issue such regulations as are necessary to carry out this section.", "id": "HEF315315AC00406393298C89E8A0ED0", "header": "Pipeline expansion" }, { "text": "376. Federal Coordinator \n(a) Establishment \nThere is established, as an independent office in the executive branch, the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. (b) Federal Coordinator \n(1) Appointment \nThe Office shall be headed by a Federal Coordinator for Alaska Natural Gas Transportation Projects, who shall be appointed by the President, by and with the advice and consent of the Senate, to serve a term to last until 1 year following the completion of the project referred to in section 373. (2) Compensation \nThe Federal Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule ( 5 U.S.C. 5314 ). (c) Duties \nThe Federal Coordinator shall be responsible for— (1) coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and (2) ensuring the compliance of Federal agencies with the provisions of this subtitle. (d) Reviews and actions of other Federal agencies \n(1) Expedited reviews and actions \nAll reviews conducted and actions taken by any Federal agency relating to an Alaska natural gas transportation project authorized under this section shall be expedited, in a manner consistent with completion of the necessary reviews and approvals by the deadlines under this subtitle. (2) Prohibition of certain terms and conditions \nNo Federal agency may include in any certificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project any term or condition that may be permitted, but is not required, by any applicable law if the Federal Coordinator determines that the term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transportation project. (3) Prohibition of certain actions \nUnless required by law, no Federal agency shall add to, amend, or abrogate any certificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project if the Federal Coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transportation project. (4) Limitation \nThe Federal Coordinator shall not have authority to— (A) override— (i) the implementation or enforcement of regulations issued by the Commission under section 373; or (ii) an order by the Commission to expand the project under section 375; or (B) impose any terms, conditions, or requirements in addition to those imposed by the Commission or any agency with respect to construction and operation, or an expansion of, the project. (e) State coordination \n(1) In General \nThe Federal Coordinator and the State shall enter into a joint surveillance and monitoring agreement similar to the agreement in effect during construction of the Trans-Alaska Pipeline, to be approved by the President and the Governor of the State, for the purpose of monitoring the construction of the Alaska natural gas transportation project. (2) Primary responsibility \nWith respect to an Alaska natural gas transportation project— (A) the Federal Government shall have primary surveillance and monitoring responsibility in areas where the Alaska natural gas transportation project crosses Federal land or private land; and (B) the State government shall have primary surveillance and monitoring responsibility in areas where the Alaska natural gas transportation project crosses State land. (f) Transfer of Federal inspector functions and authority \nOn appointment of the Federal Coordinator by the President, all of the functions and authority of the Office of Federal Inspector of Construction for the Alaska Natural Gas Transportation System vested in the Secretary under section 3012(b) of the Energy Policy Act of 1992 ( 15 U.S.C. 719e note; Public Law 102–486 ), including all functions and authority described and enumerated in the Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the President’s decision, shall be transferred to the Federal Coordinator. (g) Temporary authority \nThe functions, authorities, duties, and responsibilities of the Federal Coordinator shall be vested in the Secretary until the later of the appointment of the Federal Coordinator by the President, or 18 months after the date of enactment of this Act.", "id": "H97D77F194FB74B28B9B8FA3AEB1291", "header": "Federal Coordinator" }, { "text": "377. Judicial review \n(a) Exclusive jurisdiction \nExcept for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer under this subtitle; (2) the constitutionality of any provision of this subtitle, or any decision made or action taken under this subtitle; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any action under this subtitle. (b) Deadline for filing claim \nA claim arising under this subtitle may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration \nThe United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant gas reserves in Alaska needed to meet the anticipated demand for natural gas. (d) Amendment of the Alaska Natural Gas Transportation Act of 1976 \nSection 10(c) of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719h ) is amended— (1) by striking (c)(1) A claim and inserting the following: (c) Jurisdiction \n(1) Special courts \n(A) In General \nA claim ; (2) by striking Such court shall have and inserting the following: (B) Exclusive jurisdiction \nThe Special Court shall have ; (3) by inserting after paragraph (1) the following: (2) Expedited consideration \nThe Special Court shall set any action brought under this section for expedited consideration, taking into account the national interest described in section 2. ; and (4) in paragraph (3), by striking (3) The enactment and inserting the following: (3) Environmental impact statements \nThe enactment.", "id": "HABCBA71CB02541D5003400FC53007DDF", "header": "Judicial review" }, { "text": "378. State jurisdiction over in-State delivery of natural gas \n(a) Local distribution \nAny facility receiving natural gas from an Alaska natural gas transportation project for delivery to consumers within the State— (1) shall be deemed to be a local distribution facility within the meaning of section 1(b) of the Natural Gas Act ( 15 U.S.C. 717(b) ); and (2) shall not be subject to the jurisdiction of the Commission. (b) Additional pipelines \nExcept as provided in section 373(d), nothing in this subtitle shall preclude or otherwise affect a future natural gas pipeline that may be constructed to deliver natural gas to Fairbanks, Anchorage, Matanuska-Susitna Valley, or the Kenai peninsula or Valdez or any other site in the State for consumption within or distribution outside the State. (c) Rate coordination \n(1) In General \nIn accordance with the Natural Gas Act ( 15 U.S.C. 717a et seq. ), the Commission shall establish rates for the transportation of natural gas on any Alaska natural gas transportation project. (2) Consultation \nIn carrying out paragraph (1), the Commission, in accordance with section 17(b) of the Natural Gas Act ( 15 U.S.C. 717p(b) ), shall consult with the State regarding rates (including rate settlements) applicable to natural gas transported on and delivered from the Alaska natural gas transportation project for use within the State.", "id": "H1EC6334E288C4489983655F1B164F4C", "header": "State jurisdiction over in-State delivery of natural gas" }, { "text": "379. Study of alternative means of construction \n(a) Requirement of study \nIf no application for the issuance of a certificate or amended certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project has been filed with the Commission by the date that is 18 months after the date of enactment of this Act, the Secretary shall conduct a study of alternative approaches to the construction and operation of such an Alaska natural gas transportation project. (b) Scope of study \nThe study under subsection (a) shall take into consideration the feasibility of— (1) establishing a Federal Government corporation to construct an Alaska natural gas transportation project; and (2) securing alternative means of providing Federal financing and ownership (including alternative combinations of Government and private corporate ownership) of the Alaska natural gas transportation project. (c) Consultation \nIn conducting the study under subsection (a), the Secretary shall consult with the Secretary of the Treasury and the Secretary of the Army (acting through the Chief of Engineers). (d) Report \nOn completion of any study under subsection (a), the Secretary shall submit to Congress a report that describes— (1) the results of the study; and (2) any recommendations of the Secretary (including proposals for legislation to implement the recommendations).", "id": "H5D666BFA30A947FBB6D152EEDCF0171C", "header": "Study of alternative means of construction" }, { "text": "380. Clarification of angta status and authorities \n(a) Savings clause \nNothing in this subtitle affects— (1) any decision, certificate, permit, right-of-way, lease, or other authorization issued under section 9 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719g ); or (2) any Presidential finding or waiver issued in accordance with that Act. (b) Clarification of authority to amend terms and conditions to meet current project requirements \nAny Federal agency responsible for granting or issuing any certificate, permit, right-of-way, lease, or other authorization under section 9 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719g ) may add to, amend, or rescind any term or condition included in the certificate, permit, right-of-way, lease, or other authorization to meet current project requirements (including the physical design, facilities, and tariff specifications), if the addition, amendment, or rescission— (1) would not compel any change in the basic nature and general route of the Alaska natural gas transportation system as designated and described in section 2 of the President’s decision; or (2) would not otherwise prevent or impair in any significant respect the expeditious construction and initial operation of the Alaska natural gas transportation system. (c) Updated environmental reviews \nThe Secretary shall require the sponsor of the Alaska natural gas transportation system to submit such updated environmental data, reports, permits, and impact analyses as the Secretary determines are necessary to develop detailed terms, conditions, and compliance plans required by section 5 of the President’s decision.", "id": "H2280EB9C04E945FD8279490452109544", "header": "Clarification of angta status and authorities" }, { "text": "381. Sense of Congress concerning use of steel manufactured in North America negotiation of a project labor Agreement \nIt is the sense of Congress that— (1) an Alaska natural gas transportation project would provide significant economic benefits to the United States and Canada; and (2) to maximize those benefits, the sponsors of the Alaska natural gas transportation project should make every effort to— (A) use steel that is manufactured in North America; and (B) negotiate a project labor agreement to expedite construction of the pipeline.", "id": "H1683E211877F4C5D9B7F51A2026CE237", "header": "Sense of Congress concerning use of steel manufactured in North America negotiation of a project labor Agreement" }, { "text": "382. Sense of Congress and study concerning participation by small business concerns \n(a) Definition of small business concern \nIn this section, the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Sense of Congress \nIt is the sense of Congress that— (1) an Alaska natural gas transportation project would provide significant economic benefits to the United States and Canada; and (2) to maximize those benefits, the sponsors of the Alaska natural gas transportation project should maximize the participation of small business concerns in contracts and subcontracts awarded in carrying out the project. (c) Study \n(1) In General \nThe Comptroller General of the United States shall conduct a study to determine the extent to which small business concerns participate in the construction of oil and gas pipelines in the United States. (2) Report \nNot later that 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes results of the study under paragraph (1). (3) Updates \nThe Comptroller General shall— (A) update the study at least once every 5 years until construction of an Alaska natural gas transportation project is completed; and (B) on completion of each update, submit to Congress a report containing the results of the update.", "id": "H91C4E125B93F49DFA52765532D848DF9", "header": "Sense of Congress and study concerning participation by small business concerns" }, { "text": "383. Alaska pipeline construction training Program \n(a) Program \n(1) Establishment \nThe Secretary of Labor (in this section referred to as the Secretary ) shall make grants to the Alaska Workforce Investment Board— (A) to recruit and train adult and dislocated workers in Alaska, including Alaska Natives, in the skills required to construct and operate an Alaska gas pipeline system; and (B) for the design and construction of a training facility to be located in Fairbanks, Alaska, to support an Alaska gas pipeline training program. (2) Coordination with existing programs \nThe training program established with the grants authorized under paragraph (1) shall be consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed pursuant to the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (b) Requirements for grants \nThe Secretary shall make a grant under subsection (a) only if— (1) the Governor of the State of Alaska requests the grant funds and certifies in writing to the Secretary that there is a reasonable expectation that the construction of the Alaska natural gas pipeline system will commence by the date that is 2 years after the date of the certification; and (2) the Secretary of Energy concurs in writing to the Secretary with the certification made under paragraph (1) after considering— (A) the status of necessary Federal and State permits; (B) the availability of financing for the Alaska natural gas pipeline project; and (C) other relevant factors. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $20,000,000. Not more than 15 percent of the funds may be used for the facility described in subsection (a)(1)(B).", "id": "H77746C2BB41E497285FA9B10B93002DC", "header": "Alaska pipeline construction training Program" }, { "text": "384. Sense of Congress concerning natural gas demand \nIt is the sense of Congress that— (1) North American demand for natural gas will increase dramatically over the course of the next several decades; (2) both the Alaska Natural Gas Pipeline and the Mackenzie Delta Natural Gas project in Canada will be necessary to help meet the increased demand for natural gas in North America; (3) Federal and State officials should work together with officials in Canada to ensure both projects can move forward in a mutually beneficial fashion; (4) Federal and State officials should acknowledge that the smaller scope, fewer permitting requirements, and lower cost of the Mackenzie Delta project means it will most likely be completed before the Alaska Natural Gas Pipeline; (5) natural gas production in the 48 contiguous States and Canada will not be able to meet all domestic demand in the coming decades; and (6) as a result, natural gas delivered from Alaskan North Slope will not displace or reduce the commercial viability of Canadian natural gas produced from the Mackenzie Delta or production from the 48 contiguous States.", "id": "H546FB9DB8CF8428689D448A5ADB329DD", "header": "Sense of Congress concerning natural gas demand" }, { "text": "385. Sense of Congress concerning Alaskan ownership \nIt is the sense of Congress that— (1) Alaska Native Regional Corporations, companies owned and operated by Alaskans, and individual Alaskans should have the opportunity to own shares of the Alaska natural gas pipeline in a way that promotes economic development for the State; and (2) to facilitate economic development in the State, all project sponsors should negotiate in good faith with any willing Alaskan person that desires to be involved in the project.", "id": "HF77913C6C03C4EDC96FB96A04BF34BFF", "header": "Sense of Congress concerning Alaskan ownership" }, { "text": "386. Loan guarantees \n(a) Authority \n(1) The Secretary may enter into agreements with 1 or more holders of a certificate of public convenience and necessity issued under section 373(b) of this Act or section 9 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719g ) to issue Federal guarantee instruments with respect to loans and other debt obligations for a qualified infrastructure project. (2) Subject to the requirements of this section, the Secretary may also enter into agreements with 1 or more owners of the Canadian portion of a qualified infrastructure project to issue Federal guarantee instruments with respect to loans and other debt obligations for a qualified infrastructure project as though such owner were a holder described in paragraph (1). (3) The authority of the Secretary to issue Federal guarantee instruments under this section for a qualified infrastructure project shall expire on the date that is 2 years after the date on which the final certificate of public convenience and necessity (including any Canadian certificates of public convenience and necessity) is issued for the project. A final certificate shall be considered to have been issued when all certificates of public convenience and necessity have been issued that are required for the initial transportation of commercially economic quantities of natural gas from Alaska to the continental United States. (b) Conditions \n(1) The Secretary may issue a Federal guarantee instrument for a qualified infrastructure project only after a certificate of public convenience and necessity under section 373(b) of this Act or an amended certificate under section 9 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719g ) has been issued for the project. (2) The Secretary may issue a Federal guarantee instrument under this section for a qualified infrastructure project only if the loan or other debt obligation guaranteed by the instrument has been issued by an eligible lender. (3) The Secretary shall not require as a condition of issuing a Federal guarantee instrument under this section any contractual commitment or other form of credit support of the sponsors (other than equity contribution commitments and completion guarantees), or any throughput or other guarantee from prospective shippers greater than such guarantees as shall be required by the project owners. (c) Limitations on amounts \n(1) The amount of loans and other debt obligations guaranteed under this section for a qualified infrastructure project shall not exceed 80 percent of the total capital costs of the project, including interest during construction. (2) The principal amount of loans and other debt obligations guaranteed under this section shall not exceed, in the aggregate, $18,000,000,000, which amount shall be indexed for United States dollar inflation from the date of enactment of this Act, as measured by the Consumer Price Index. (d) Loan terms and fees \n(1) The Secretary may issue Federal guarantee instruments under this section that take into account repayment profiles and grace periods justified by project cash flows and project-specific considerations. The term of any loan guaranteed under this section shall not exceed 30 years. (2) An eligible lender may assess and collect from the borrower such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and customary for a project finance transaction in the oil and gas sector. (e) Regulations \nThe Secretary may issue regulations to carry out this section. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to cover the cost of loan guarantees under this section, as defined by section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) ). Such sums shall remain available until expended. (g) Definitions \nIn this section, the following definitions apply: (1) The term Consumer Price Index means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics, or if such index shall cease to be published, any successor index or reasonable substitute thereof. (2) The term eligible lender means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ), including— (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. 4974(c) ) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 ( 26 U.S.C. 414(d) ) that is a qualified institutional buyer. (3) The term Federal guarantee instrument means any guarantee or other pledge by the Secretary to pledge the full faith and credit of the United States to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity. (4) The term qualified infrastructure project means an Alaskan natural gas transportation project consisting of the design, engineering, finance, construction, and completion of pipelines and related transportation and production systems (including gas treatment plants), and appurtenances thereto, that are used to transport natural gas from the Alaska North Slope to the continental United States.", "id": "HFD62CD6D9EBA47B2A605931B51058EBC", "header": "Loan guarantees" }, { "text": "401. Authorization of appropriations \n(a) Clean coal power initiative \nThere are authorized to be appropriated to the Secretary of Energy (referred to in this title as the Secretary ) to carry out the activities authorized by this subtitle $200,000,000 for each of fiscal years 2004 through 2012, to remain available until expended. (b) Report \nThe Secretary shall submit to Congress the report required by this subsection not later than March 31, 2005. The report shall include, with respect to subsection (a), a 10-year plan containing— (1) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program; (2) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken; (3) a detailed list of technical milestones for each coal and related technology that will be pursued; and (4) a detailed description of how the program will avoid problems enumerated in General Accounting Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.", "id": "HA88C489183844B038C3C318F9DD01B70", "header": "Authorization of appropriations" }, { "text": "402. Project criteria \n(a) In general \nThe Secretary shall not provide funding under this subtitle for any project that does not advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of the date of enactment of this Act. (b) Technical criteria for clean coal power initiative \n(1) Gasification projects \n(A) In general \nIn allocating the funds made available under section 401(a), the Secretary shall ensure that at least 60 percent of the funds are used only for projects on coal-based gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction, and hybrid gasification/combustion. (B) Technical milestones \nThe Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this subtitle shall be designed, and reasonably expected, to achieve. The technical milestones shall become more restrictive during the life of the program. The Secretary shall set the periodic milestones so as to achieve by 2020 coal gasification projects able— (i) to remove 99 percent of sulfur dioxide; (ii) to emit not more than.05 lbs of NO x per million Btu; (iii) to achieve substantial reductions in mercury emissions; and (iv) to achieve a thermal efficiency of— (I) 60 percent for coal of more than 9,000 Btu; (II) 59 percent for coal of 7,000 to 9,000 Btu; and (III) 50 percent for coal of less than 7,000 Btu. (2) Other projects \nThe Secretary shall periodically set technical milestones and ensure that up to 40 percent of the funds appropriated pursuant to section 401(a) are used for projects not described in paragraph (1). The milestones shall specify the emission and thermal efficiency levels that projects funded under this paragraph shall be designed to and reasonably expected to achieve. The technical milestones shall become more restrictive during the life of the program. The Secretary shall set the periodic milestones so as to achieve by 2010 projects able— (A) to remove 97 percent of sulfur dioxide; (B) to emit no more than.08 lbs of NO x per million Btu; (C) to achieve substantial reductions in mercury emissions; and (D) to achieve a thermal efficiency of— (i) 45 percent for coal of more than 9,000 Btu; (ii) 44 percent for coal of 7,000 to 9,000 Btu; and (iii) 40 percent for coal of less than 7,000 Btu. (3) Consultation \nBefore setting the technical milestones under paragraphs (1)(B) and (2), the Secretary shall consult with the Administrator of the Environmental Protection Agency and interested entities, including coal producers, industries using coal, organizations to promote coal or advanced coal technologies, environmental organizations, and organizations representing workers. (4) Existing units \nIn the case of projects at units in existence on the date of enactment of this Act, in lieu of the thermal efficiency requirements set forth in paragraph (1)(B)(iv) and (2)(D), the milestones shall be designed to achieve an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than— (A) 7 percent for coal of more than 9,000 Btu; (B) 6 percent for coal of 7,000 to 9,000 Btu; or (C) 4 percent for coal of less than 7,000 Btu. (5) Permitted uses \nIn carrying out this subtitle, the Secretary may fund projects that include, as part of the project, the separation and capture of carbon dioxide. (c) Financial criteria \nThe Secretary shall not provide a funding award under this subtitle unless the recipient documents to the satisfaction of the Secretary that— (1) the award recipient is financially viable without the receipt of additional Federal funding; (2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the award funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. (d) Financial assistance \nThe Secretary shall provide financial assistance to projects that meet the requirements of subsections (a), (b), and (c) and are likely to— (1) achieve overall cost reductions in the utilization of coal to generate useful forms of energy; (2) improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and (3) demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of the date of enactment of this Act. (e) Federal share \nThe Federal share of the cost of a coal or related technology project funded by the Secretary under this subtitle shall not exceed 50 percent. (f) Applicability \nNo technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act ( 42 U.S.C. 7411 ), achievable for purposes of section 169 of that Act ( 42 U.S.C. 7479 ), or achievable in practice for purposes of section 171 of that Act ( 42 U.S.C. 7501 ) solely by reason of the use of such technology, or the achievement of such emission reduction, by 1 or more facilities receiving assistance under this subtitle.", "id": "HC4BCA9B1DE9B4AF2A0B3C9B18A311F8", "header": "Project criteria" }, { "text": "403. Report \nNot later than 1 year after the date of enactment of this Act, and once every 2 years thereafter through 2012, the Secretary, in consultation with other appropriate Federal agencies, shall submit to Congress a report describing— (1) the technical milestones set forth in section 402 and how those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 402; and (2) the status of projects funded under this subtitle.", "id": "H35680B6A2B8F4F68B343515FD86D806C", "header": "Report" }, { "text": "404. Clean coal centers of excellence \nAs part of the program authorized in section 401, the Secretary shall award competitive, merit-based grants to universities for the establishment of Centers of Excellence for Energy Systems of the Future. The Secretary shall provide grants to universities that show the greatest potential for advancing new clean coal technologies.", "id": "H4581A822BE7140E598AF151B8697ED41", "header": "Clean coal centers of excellence" }, { "text": "411. Coal technology loan \nThere are authorized to be appropriated to the Secretary $125,000,000 to provide a loan to the owner of the experimental plant constructed under United States Department of Energy cooperative agreement number DE-FC-22-91PC90544 on such terms and conditions as the Secretary determines, including interest rates and upfront payments.", "id": "H17185AA52A0D4A86B45CAA64E8F92E60", "header": "Coal technology loan" }, { "text": "412. Coal gasification \nThe Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology of at least 400 megawatts in capacity that produces power at competitive rates in deregulated energy generation markets and that does not receive any subsidy (direct or indirect) from ratepayers.", "id": "H386AADA300854BECBD08B59BE9AE0069", "header": "Coal gasification" }, { "text": "413. Integrated gasification combined cycle technology \nThe Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State Public Utility Commission to sell at least 450 megawatts of output to a utility.", "id": "H03853D885FB64414B644BD60113F4951", "header": "Integrated gasification combined cycle technology" }, { "text": "414. Petroleum coke gasification \nThe Secretary is authorized to provide loan guarantees for at least 1 petroleum coke gasification polygeneration project.", "id": "H79C2ADF15F5C4BF7A79D976039BF993E", "header": "Petroleum coke gasification" }, { "text": "415. Integrated coal/renewable energy system \nThe Secretary is authorized, subject to the availability of appropriations, to provide loan guarantees for a project to produce energy from coal of less than 7000 btu/lb using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that is combined with wind and other renewable sources, minimizes and offers the potential to sequester carbon dioxide emissions, and provides a ready source of hydrogen for near-site fuel cell demonstrations. The facility may be built in stages, combined output shall be at least 200 megawatts at successively more competitive rates, and the facility shall be located in the Upper Great Plains. Section 402(b) technical criteria apply, and the Federal cost share shall not exceed 50 percent. The loan guarantees provided under this section do not preclude the facility from receiving an allocation for investment tax credits under section 48A of the Internal Revenue Code of 1986. Utilizing this investment tax credit does not prohibit the use of other Clean Coal Program funding.", "id": "HDCC6781FE8EB4B279E219B54C6149DC8", "header": "Integrated coal/renewable energy system" }, { "text": "416. Electron scrubbing demonstration \nThe Secretary shall use $5,000,000 from amounts appropriated to initiate, through the Chicago Operations Office, a project to demonstrate the viability of high-energy electron scrubbing technology on commercial-scale electrical generation using high-sulfur coal.", "id": "HDA8E4225A20A4895A3901916EA64A325", "header": "Electron scrubbing demonstration" }, { "text": "421. Repeal of the 160-acre limitation for coal leases \nSection 3 of the Mineral Leasing Act ( 30 U.S.C. 203 ) is amended— (1) in the first sentence— (A) by striking Any person and inserting (a) Any person ; (B) by inserting a comma after may ; and (C) by striking upon and all that follows through the period and inserting the following: upon a finding by the Secretary that the lease— (1) would be in the interest of the United States; (2) would not displace a competitive interest in the land; and (3) would not include land or deposits that can be developed as part of another potential or existing operation; secure modifications of the original coal lease by including additional coal land or coal deposits contiguous or cornering to those embraced in the lease, but in no event shall the total area added by any modifications to an existing coal lease exceed 1280 acres, or add acreage larger than the acreage in the original lease. ; (2) in the second sentence, by striking The Secretary and inserting the following: (b) The Secretary ; and (3) in the third sentence, by striking The minimum and inserting the following: (c) The minimum.", "id": "HCA0A60A1F11A414C9B0504003EEAD501", "header": "Repeal of the 160-acre limitation for coal leases" }, { "text": "422. Mining plans \nSection 2(d)(2) of the Mineral Leasing Act ( 30 U.S.C. 202a(2) ) is amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following: (B) The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period— (i) will ensure the maximum economic recovery of a coal deposit; or (ii) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource..", "id": "H3BC5B08D042E442BA1EAB90071BF5DCF", "header": "Mining plans" }, { "text": "423. Payment of advance royalties under coal leases \nSection 7(b) of the Mineral Leasing Act ( 30 U.S.C. 207(b) ) is amended to read as follows: (b) (1) Each lease shall be subjected to the condition of diligent development and continued operation of the mine or mines, except in a case in which operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee. (2) (A) The Secretary of the Interior may suspend the condition of continued operation upon the payment of advance royalties, if the Secretary determines that the public interest will be served by the suspension. (B) Advance royalties required under subparagraph (A) shall be computed based on— (i) the average price for coal sold in the spot market from the same region during the last month of each applicable continued operation year; or (ii) by using other methods established by the Secretary of the Interior to capture the commercial value of coal, and based on commercial quantities, as defined by regulation by the Secretary of the Interior. (C) The aggregate number of years during the initial and any extended term of any lease for which advance royalties may be accepted in lieu of the condition of continued operation shall not exceed 20. (3) The amount of any production royalty paid for any year shall be reduced (but not below 0) by the amount of any advance royalties paid under the lease, to the extent that the advance royalties have not been used to reduce production royalties for a prior year. (4) The Secretary may, upon 6 months’ notice to a lessee, cease to accept advance royalties in lieu of the requirement of continued operation. (5) Nothing in this subsection affects the requirement contained in the second sentence of subsection (a) relating to commencement of production at the end of 10 years..", "id": "H9CD7EAEF92F84019B7E7AFCA6C4EDE1E", "header": "Payment of advance royalties under coal leases" }, { "text": "424. Elimination of deadline for submission of coal lease operation and reclamation plan \nSection 7(c) of the Mineral Leasing Act ( 30 U.S.C. 207(c) ) is amended in the first sentence by striking and not later than three years after a lease is issued,.", "id": "H16A0B4BE7E614FB99F8607D5912B3996", "header": "Elimination of deadline for submission of coal lease operation and reclamation plan" }, { "text": "425. Amendment relating to financial assurances with respect to bonus bids \nSection 2(a) of the Mineral Leasing Act ( 30 U.S.C. 201(a) ) is amended by adding at the end the following: (4) (A) The Secretary shall not require a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued on a cash bonus bid to a lessee or successor in interest having a history of a timely payment of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. (B) The Secretary may waive any requirement that a lessee provide a surety bond or other financial assurance for a coal lease issued before the date of the enactment of the Energy Policy Act of 2003 only if the Secretary determines that the lessee has a history of making timely payments referred to in subparagraph (A). (5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides written notice that payment of the installment is past due— (A) the lease shall automatically terminate; and (B) any bonus payments already made to the United States with respect to the lease shall not be returned to the lessee or credited in any future lease sale..", "id": "H80EFAF39E87B44BF9DCADEFEB1D100E5", "header": "Amendment relating to financial assurances with respect to bonus bids" }, { "text": "426. Inventory requirement \n(a) Review of assessments \n(1) In general \nThe Secretary of the Interior, in consultation with the Secretary of Agriculture and the Secretary, shall review coal assessments and other available data to identify— (A) public lands, other than National Park lands, with coal resources; (B) the extent and nature of any restrictions or impediments to the development of coal resources on public lands identified under subparagraph (A); and (C) with respect to areas of such lands for which sufficient data exists, resources of compliant coal and supercompliant coal. (2) Definitions \nIn this subsection: (A) Compliant coal \nThe term compliant coal means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu. (B) Supercompliant coal \nThe term supercompliant coal means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu. (b) Completion and updating of the inventory \nThe Secretary of the Interior— (1) shall complete the inventory under subsection (a)(1) by not later than 2 years after the date of the enactment of this Act; and (2) shall update the inventory as the availability of data and developments in technology warrant. (c) Report \nThe Secretary of the Interior shall submit to Congress, and make publicly available— (1) a report containing the inventory under this section by not later than 2 years after the effective date of this section; and (2) each update of that inventory.", "id": "H4A32C533DAD640C582D5DFBCB091473F", "header": "Inventory requirement" }, { "text": "427. Application of amendments \nThe amendments made by this subtitle apply— (1) with respect to any coal lease issued on or after the date of enactment of this Act; and (2) with respect to any coal lease issued before the date of enactment of this Act, upon the earlier of— (A) the date of readjustment of the lease as provided for by section 7(a) of the Mineral Leasing Act ( 30 U.S.C. 207(a) ); or (B) the date the lessee requests such application.", "id": "H6563C5C46CC546FDA8801BD15E48E993", "header": "Application of amendments" }, { "text": "441. Clean air coal program \n(a) Amendment \nThe Energy Policy Act of 1992 is amended by adding the following new title at the end thereof: XXXI Clean air coal program \n3101. Findings; purposes; definitions \n(a) Findings \nThe Congress finds that— (1) new environmental regulations present additional challenges for coal-fired electrical generation in the private marketplace; and (2) the Department of Energy, in cooperation with industry, has already fully developed and commercialized several new clean-coal technologies that will allow the clean use of coal. (b) Purposes \nThe purposes of this title are to— (1) promote national energy policy and energy security, diversity, and economic competitiveness benefits that result from the increased use of coal; (2) mitigate financial risks, reduce the cost, and increase the marketplace acceptance of the new clean coal technologies; and (3) advance the deployment of pollution control equipment to meet the current and future obligations of coal-fired generation units regulated under the Clean Air Act (42 U.S.C. 7402 and following). 3102. Authorization of program \nThe Secretary shall carry out a program to facilitate production and generation of coal-based power and the installation of pollution control equipment. 3103. Authorization of appropriations \n(a) Pollution control projects \nThere are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2005, $100,000,000 for fiscal year 2006, $40,000,000 for fiscal year 2007, $30,000,000 for fiscal year 2008, and $30,000,000 for fiscal year 2009, to remain available until expended, for carrying out the program for pollution control projects, which may include— (1) pollution control equipment and processes for the control of mercury air emissions; (2) pollution control equipment and processes for the control of nitrogen dioxide air emissions or sulfur dioxide emissions; (3) pollution control equipment and processes for the mitigation or collection of more than one pollutant; (4) advanced combustion technology for the control of at least two pollutants, including mercury, particulate matter, nitrogen oxides, and sulfur dioxide, which may also be designed to improve the energy efficiency of the unit; and (5) advanced pollution control equipment and processes designed to allow use of the waste byproducts or other byproducts of the equipment or an electrical generation unit designed to allow the use of byproducts. Funds appropriated under this subsection which are not awarded before fiscal year 2011 may be applied to projects under subsection (b), in addition to amounts authorized under subsection (b). (b) Generation projects \nThere are authorized to be appropriated to the Secretary $150,000,000 for fiscal year 2006, $250,000,000 for each of the fiscal years 2007 through 2011, and $100,000,000 for fiscal year 2012, to remain available until expended, for generation projects and air pollution control projects. Such projects may include— (1) coal-based electrical generation equipment and processes, including gasification combined cycle or other coal-based generation equipment and processes; (2) associated environmental control equipment, that will be cost-effective and that is designed to meet anticipated regulatory requirements; (3) coal-based electrical generation equipment and processes, including gasification fuel cells, gasification coproduction, and hybrid gasification/combustion projects; and (4) advanced coal-based electrical generation equipment and processes, including oxidation combustion techniques, ultra-supercritical boilers, and chemical looping, which the Secretary determines will be cost-effective and could substantially contribute to meeting anticipated environmental or energy needs. (c) Limitation \nFunds placed at risk during any fiscal year for Federal loans or loan guarantees pursuant to this title may not exceed 30 percent of the total funds obligated under this title. 3104. Air pollution control project criteria \nThe Secretary shall pursuant to authorizations contained in section 3103 provide funding for air pollution control projects designed to facilitate compliance with Federal and State environmental regulations, including any regulation that may be established with respect to mercury. 3105. Criteria for generation projects \n(a) Criteria \nThe Secretary shall establish criteria on which selection of individual projects described in section 3103(b) should be based. The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. These selection criteria shall include— (1) prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas; (2) prioritization of projects that result in the repowering or replacement of older, less efficient units; (3) documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by electrical generator owners or operators; (4) equipment and processes beginning in 2005 through 2010 that are projected to achieve an thermal efficiency of— (A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 38 percent for coal of 7,000 to 9,000 Btu per pound based on higher heating values; and (C) 36 percent for coal of less than 7,000 Btu per pound based on higher heating values, except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and (5) equipment and processes beginning in 2011 and 2012 that are projected to achieve an thermal efficiency of— (A) 45 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 44 percent for coal of 7,000 to 9,000 Btu per pound based on higher heating values; and (C) 40 percent for coal of less than 7,000 Btu per pound based on higher heating values, except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph. (b) Selection \n(1) In selecting the projects, up to 25 percent of the projects selected may be either coproduction or cogeneration or other gasification projects, but at least 25 percent of the projects shall be for the sole purpose of electrical generation, and priority should be given to equipment and projects less than 600 MW to foster and promote standard designs. (2) The Secretary shall give priority to projects that have been developed and demonstrated that are not yet cost competitive, and for coal energy generation projects that advance efficiency, environmental performance, or cost competitiveness significantly beyond the level of pollution control equipment that is in operation on a full scale. 3106. Financial criteria \n(a) In general \nThe Secretary shall only provide financial assistance to projects that meet the requirements of sections 3103 and 3104 and are likely to— (1) achieve overall cost reductions in the utilization of coal to generate useful forms of energy; and (2) improve the competitiveness of coal in order to maintain a diversity of domestic fuel choices in the United States to meet electricity generation requirements. (b) Conditions \nThe Secretary shall not provide a funding award under this title unless— (1) the award recipient is financially viable without the receipt of additional Federal funding; and (2) the recipient provides sufficient information to the Secretary for the Secretary to ensure that the award funds are spent efficiently and effectively. (c) Equal access \nThe Secretary shall, to the extent practical, utilize cooperative agreement, loan guarantee, and direct Federal loan mechanisms designed to ensure that all electrical generation owners have equal access to these technology deployment incentives. The Secretary shall develop and direct a competitive solicitation process for the selection of technologies and projects under this title. 3107. Federal share \nThe Federal share of the cost of a coal or related technology project funded by the Secretary under this title shall not exceed 50 percent. For purposes of this title, Federal funding includes only appropriated funds. 3108. Applicability \nNo technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act ( 42 U.S.C. 7411 ), achievable for purposes of section 169 of the Clean Air Act ( 42 U.S.C. 7479 ), or achievable in practice for purposes of section 171 of the Clean Air Act ( 42 U.S.C. 7501 ) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under this title.. (b) Table of Contents Amendment \nThe table of contents of the Energy Policy Act of 1992 is amended by adding at the end the following: TITLE XXXI Clean air coal program Sec. 3101. Findings; purposes; definitions Sec. 3102. Authorization of program Sec. 3103. Authorization of appropriations Sec. 3104. Air pollution control project criteria Sec. 3105. Criteria for generation projects Sec. 3106. Financial criteria Sec. 3107. Federal share Sec. 3108. Applicability.", "id": "HF4BF30563ACF481ABDA35FD46260AEF2", "header": "Clean air coal program" }, { "text": "3101. Findings; purposes; definitions \n(a) Findings \nThe Congress finds that— (1) new environmental regulations present additional challenges for coal-fired electrical generation in the private marketplace; and (2) the Department of Energy, in cooperation with industry, has already fully developed and commercialized several new clean-coal technologies that will allow the clean use of coal. (b) Purposes \nThe purposes of this title are to— (1) promote national energy policy and energy security, diversity, and economic competitiveness benefits that result from the increased use of coal; (2) mitigate financial risks, reduce the cost, and increase the marketplace acceptance of the new clean coal technologies; and (3) advance the deployment of pollution control equipment to meet the current and future obligations of coal-fired generation units regulated under the Clean Air Act (42 U.S.C. 7402 and following).", "id": "H50DA6B0A714849CEB4466D72AE959B6", "header": "Findings; purposes; definitions" }, { "text": "3102. Authorization of program \nThe Secretary shall carry out a program to facilitate production and generation of coal-based power and the installation of pollution control equipment.", "id": "H694F961B55E448B4B60015FC1ED680A7", "header": "Authorization of program" }, { "text": "3103. Authorization of appropriations \n(a) Pollution control projects \nThere are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2005, $100,000,000 for fiscal year 2006, $40,000,000 for fiscal year 2007, $30,000,000 for fiscal year 2008, and $30,000,000 for fiscal year 2009, to remain available until expended, for carrying out the program for pollution control projects, which may include— (1) pollution control equipment and processes for the control of mercury air emissions; (2) pollution control equipment and processes for the control of nitrogen dioxide air emissions or sulfur dioxide emissions; (3) pollution control equipment and processes for the mitigation or collection of more than one pollutant; (4) advanced combustion technology for the control of at least two pollutants, including mercury, particulate matter, nitrogen oxides, and sulfur dioxide, which may also be designed to improve the energy efficiency of the unit; and (5) advanced pollution control equipment and processes designed to allow use of the waste byproducts or other byproducts of the equipment or an electrical generation unit designed to allow the use of byproducts. Funds appropriated under this subsection which are not awarded before fiscal year 2011 may be applied to projects under subsection (b), in addition to amounts authorized under subsection (b). (b) Generation projects \nThere are authorized to be appropriated to the Secretary $150,000,000 for fiscal year 2006, $250,000,000 for each of the fiscal years 2007 through 2011, and $100,000,000 for fiscal year 2012, to remain available until expended, for generation projects and air pollution control projects. Such projects may include— (1) coal-based electrical generation equipment and processes, including gasification combined cycle or other coal-based generation equipment and processes; (2) associated environmental control equipment, that will be cost-effective and that is designed to meet anticipated regulatory requirements; (3) coal-based electrical generation equipment and processes, including gasification fuel cells, gasification coproduction, and hybrid gasification/combustion projects; and (4) advanced coal-based electrical generation equipment and processes, including oxidation combustion techniques, ultra-supercritical boilers, and chemical looping, which the Secretary determines will be cost-effective and could substantially contribute to meeting anticipated environmental or energy needs. (c) Limitation \nFunds placed at risk during any fiscal year for Federal loans or loan guarantees pursuant to this title may not exceed 30 percent of the total funds obligated under this title.", "id": "HA836A9A8D8B74B479321E6006877A69F", "header": "Authorization of appropriations" }, { "text": "3104. Air pollution control project criteria \nThe Secretary shall pursuant to authorizations contained in section 3103 provide funding for air pollution control projects designed to facilitate compliance with Federal and State environmental regulations, including any regulation that may be established with respect to mercury.", "id": "H581F92336DD64049B5C8F808CA80474", "header": "Air pollution control project criteria" }, { "text": "3105. Criteria for generation projects \n(a) Criteria \nThe Secretary shall establish criteria on which selection of individual projects described in section 3103(b) should be based. The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. These selection criteria shall include— (1) prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas; (2) prioritization of projects that result in the repowering or replacement of older, less efficient units; (3) documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by electrical generator owners or operators; (4) equipment and processes beginning in 2005 through 2010 that are projected to achieve an thermal efficiency of— (A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 38 percent for coal of 7,000 to 9,000 Btu per pound based on higher heating values; and (C) 36 percent for coal of less than 7,000 Btu per pound based on higher heating values, except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and (5) equipment and processes beginning in 2011 and 2012 that are projected to achieve an thermal efficiency of— (A) 45 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 44 percent for coal of 7,000 to 9,000 Btu per pound based on higher heating values; and (C) 40 percent for coal of less than 7,000 Btu per pound based on higher heating values, except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph. (b) Selection \n(1) In selecting the projects, up to 25 percent of the projects selected may be either coproduction or cogeneration or other gasification projects, but at least 25 percent of the projects shall be for the sole purpose of electrical generation, and priority should be given to equipment and projects less than 600 MW to foster and promote standard designs. (2) The Secretary shall give priority to projects that have been developed and demonstrated that are not yet cost competitive, and for coal energy generation projects that advance efficiency, environmental performance, or cost competitiveness significantly beyond the level of pollution control equipment that is in operation on a full scale.", "id": "HA061508C452B4E50A87F27310088B9F4", "header": "Criteria for generation projects" }, { "text": "3106. Financial criteria \n(a) In general \nThe Secretary shall only provide financial assistance to projects that meet the requirements of sections 3103 and 3104 and are likely to— (1) achieve overall cost reductions in the utilization of coal to generate useful forms of energy; and (2) improve the competitiveness of coal in order to maintain a diversity of domestic fuel choices in the United States to meet electricity generation requirements. (b) Conditions \nThe Secretary shall not provide a funding award under this title unless— (1) the award recipient is financially viable without the receipt of additional Federal funding; and (2) the recipient provides sufficient information to the Secretary for the Secretary to ensure that the award funds are spent efficiently and effectively. (c) Equal access \nThe Secretary shall, to the extent practical, utilize cooperative agreement, loan guarantee, and direct Federal loan mechanisms designed to ensure that all electrical generation owners have equal access to these technology deployment incentives. The Secretary shall develop and direct a competitive solicitation process for the selection of technologies and projects under this title.", "id": "H16B34EB959E44741AE7CFA534D0098B", "header": "Financial criteria" }, { "text": "3107. Federal share \nThe Federal share of the cost of a coal or related technology project funded by the Secretary under this title shall not exceed 50 percent. For purposes of this title, Federal funding includes only appropriated funds.", "id": "HE4EBB3AC6E8F46B38F00D808BBAE5BF", "header": "Federal share" }, { "text": "3108. Applicability \nNo technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act ( 42 U.S.C. 7411 ), achievable for purposes of section 169 of the Clean Air Act ( 42 U.S.C. 7479 ), or achievable in practice for purposes of section 171 of the Clean Air Act ( 42 U.S.C. 7501 ) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under this title.", "id": "HDFDC04D260C144CF90E4DB98F1EE895C", "header": "Applicability" }, { "text": "501. Short title \nThis title may be cited as the Indian Tribal Energy Development and Self-Determination Act of 2004.", "id": "H5E1D23ADEA8941F88CCD2D00FF59E5D6", "header": "Short title" }, { "text": "502. Office of Indian Energy Policy and Programs \n(a) In general \nTitle II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq. ) is amended by adding at the end the following: 217. Office of Indian Energy Policy and Programs \n(a) Establishment \nThere is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties of Director \nThe Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this Act, shall provide, direct, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy development, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and (4) bring electrical power and service to Indian land and the homes of tribal members located on Indian lands or acquired, constructed, or improved (in whole or in part) with Federal funds.. (b) Conforming amendments \n(1) The table of contents of the Department of Energy Organization Act (42 U.S.C. prec. 7101) is amended— (A) in the item relating to section 209, by striking Section and inserting Sec. ; and (B) by striking the items relating to sections 213 through 216 and inserting the following: Sec. 213. Establishment of policy for National Nuclear Security Administration Sec. 214. Establishment of security, counterintelligence, and intelligence policies Sec. 215. Office of Counterintelligence Sec. 216. Office of Intelligence Sec. 217. Office of Indian Energy Policy and Programs. (2) Section 5315 of title 5, United States Code, is amended by inserting Director, Office of Indian Energy Policy and Programs, Department of Energy. after Inspector General, Department of Energy..", "id": "HBE8338732A52406A893EBE317D5FA18", "header": "Office of Indian Energy Policy and Programs" }, { "text": "217. Office of Indian Energy Policy and Programs \n(a) Establishment \nThere is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties of Director \nThe Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this Act, shall provide, direct, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy development, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and (4) bring electrical power and service to Indian land and the homes of tribal members located on Indian lands or acquired, constructed, or improved (in whole or in part) with Federal funds.", "id": "HB96E5DE70E1E415B8025837417CC78DE", "header": "Office of Indian Energy Policy and Programs" }, { "text": "503. Indian energy \n(a) In general \nTitle XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ) is amended to read as follows: XXVI Indian energy \n2601. Definitions \nFor purposes of this title: (1) The term Director means the Director of the Office of Indian Energy Policy and Programs, Department of Energy. (2) The term Indian land means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; and (C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), or that was conveyed by the United States to a Native Corporation in exchange for such land. (3) The term Indian reservation includes— (A) an Indian reservation in existence in any State or States as of the date of enactment of this paragraph; (B) a public domain Indian allotment; and (C) a dependent Indian community located within the borders of the United States, regardless of whether the community is located— (i) on original or acquired territory of the community; or (ii) within or outside the boundaries of any particular State. (4) The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), except that the term Indian tribe , for the purpose of paragraph (11) and sections 2603(b)(3) and 2604, shall not include any Native Corporation. (5) The term integration of energy resources means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land. (6) The term Native Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (7) The term organization means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources. (8) The term Program means the Indian energy resource development program established under section 2602(a). (9) The term Secretary means the Secretary of the Interior. (10) The term tribal energy resource development organization means an organization of 2 or more entities, at least 1 of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance authorized by section 2602. (11) The term tribal land means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States or which is subject to a restriction against alienation under laws of the United States. 2602. Indian tribal energy resource development \n(a) Department of the interior Program \n(1) To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program to assist consenting Indian tribes and tribal energy resource development organizations in achieving the purposes of this title. (2) In carrying out the Program, the Secretary shall— (A) provide development grants to Indian tribes and tribal energy resource development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues; (B) provide grants to Indian tribes and tribal energy resource development organizations for use in carrying out projects to promote the integration of energy resources, and to process, use, or develop those energy resources, on Indian land; and (C) provide low-interest loans to Indian tribes and tribal energy resource development organizations for use in the promotion of energy resource development on Indian land and integration of energy resources. (3) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2004 through 2014. (b) Department of energy Indian energy education planning and management assistance Program \n(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research and development, planning, and management needs. (2) In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe or tribal energy resource development organization for use in carrying out— (A) energy, energy efficiency, and energy conservation programs; (B) studies and other activities supporting tribal acquisitions of energy supplies, services, and facilities; (C) planning, construction, development, operation, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and (D) development, construction, and interconnection of electric power transmission facilities located on Indian land with other electric transmission facilities. (3) (A) The Director may develop, in consultation with Indian tribes, a formula for providing grants under this subsection. (B) In providing a grant under this subsection, the Director shall give priority to an application received from an Indian tribe with inadequate electric service (as determined by the Director). (4) The Secretary of Energy may issue such regulations as necessary to carry out this subsection. (5) There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2004 through 2014. (c) Department of energy loan guarantee Program \n(1) Subject to paragraph (3), the Secretary of Energy may provide loan guarantees (as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a )) for not more than 90 percent of the unpaid principal and interest due on any loan made to any Indian tribe for energy development. (2) A loan guarantee under this subsection shall be made by— (A) a financial institution subject to examination by the Secretary of Energy; or (B) an Indian tribe, from funds of the Indian tribe. (3) The aggregate outstanding amount guaranteed by the Secretary of Energy at any time under this subsection shall not exceed $2,000,000,000. (4) The Secretary of Energy may issue such regulations as the Secretary of Energy determines are necessary to carry out this subsection. (5) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended. (6) Not later than 1 year from the date of enactment of this section, the Secretary of Energy shall report to Congress on the financing requirements of Indian tribes for energy development on Indian land. (d) Federal agencies-indian energy preference \n(1) In purchasing electricity or any other energy product or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business organization the majority of the interest in which is owned and controlled by 1 or more Indian tribes. (2) In carrying out this subsection, a Federal agency or department shall not— (A) pay more than the prevailing market price for an energy product or byproduct; or (B) obtain less than prevailing market terms and conditions. 2603. Indian tribal energy resource regulation \n(a) Grants \nThe Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b). (b) Use of funds \nFunds from a grant provided under this section may be used— (1) by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land; (2) by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land; (3) by an Indian tribe (other than an Indian Tribe in Alaska except the Metlakatla Indian Community) for the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development and the development of technical infrastructure to protect the environment under applicable law; or (4) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and (5) by an Indian tribe for the training of employees that— (A) are engaged in the development of energy resources on Indian land; or (B) are responsible for protecting the environment. (c) Other assistance \nIn carrying out the obligations of the United States under this title, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that upon the request of an Indian tribe, the Indian tribe shall have available scientific and technical information and expertise, for use in the Indian tribe’s regulation, development, and management of energy resources on Indian land. The Secretary may fulfill this responsibility either directly, through the use of Federal officials, or indirectly, by providing financial assistance to the Indian tribe to secure independent assistance. 2604. Leases, business agreements, and rights-of-way involving energy development or transmission \n(a) Leases and business agreements \nSubject to the provisions of this section— (1) an Indian tribe may, at its discretion, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, processing of, or other development of the Indian tribe’s energy mineral resources located on tribal land; and (B) construction or operation of an electric generation, transmission, or distribution facility located on tribal land or a facility to process or refine energy resources developed on tribal land; and (2) such lease or business agreement described in paragraph (1) shall not require the approval of the Secretary under section 2103 of the Revised Statutes ( 25 U.S.C. 81 ) or any other provision of law, if— (A) the lease or business agreement is executed pursuant to a tribal energy resource agreement approved by the Secretary under subsection (e); (B) the term of the lease or business agreement does not exceed— (i) 30 years; or (ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities; and (C) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to the provisions required by subsection (e)(2)(D)(i)). (b) Rights-of-way for pipelines or electric transmission or distribution lines \nAn Indian tribe may grant a right-of-way over tribal land for a pipeline or an electric transmission or distribution line without approval by the Secretary if— (1) the right-of-way is executed in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e); (2) the term of the right-of-way does not exceed 30 years; (3) the pipeline or electric transmission or distribution line serves— (A) an electric generation, transmission, or distribution facility located on tribal land; or (B) a facility located on tribal land that processes or refines energy resources developed on tribal land; and (4) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including the periodic review and evaluation of the Indian tribe’s activities under such agreement described in subparagraphs (D) and (E) of subsection (e)(2)). (c) Renewals \nA lease or business agreement entered into or a right-of-way granted by an Indian tribe under this section may be renewed at the discretion of the Indian tribe in accordance with this section. (d) Validity \nNo lease, business agreement, or right-of-way relating to the development of tribal energy resources pursuant to the provisions of this section shall be valid unless the lease, business agreement, or right-of-way is authorized by the provisions of a tribal energy resource agreement approved by the Secretary under subsection (e)(2). (e) Tribal energy resource agreements \n(1) On issuance of regulations under paragraph (8), an Indian tribe may submit to the Secretary for approval a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section. (2) (A) Not later than 180 days after the date on which the Secretary receives a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), or not later than 60 days after the Secretary receives a revised tribal energy resource agreement submitted by an Indian tribe under paragraph (4)(C), (or such later date as may be agreed to by the Secretary and the Indian tribe), the Secretary shall approve or disapprove the tribal energy resource agreement. (B) The Secretary shall approve a tribal energy resource agreement submitted under paragraph (1) if— (i) the Secretary determines that the Indian tribe has demonstrated that the Indian tribe has sufficient capacity to regulate the development of energy resources of the Indian tribe; (ii) the tribal energy resource agreement includes provisions required under subparagraph (D); and (iii) the tribal energy resource agreement includes provisions that, with respect to a lease, business agreement, or right-of-way under this section— (I) ensure the acquisition of necessary information from the applicant for the lease, business agreement, or right-of-way; (II) address the term of the lease or business agreement or the term of conveyance of the right-of-way; (III) address amendments and renewals; (IV) address the economic return to the Indian tribe under leases, business agreements, and rights-of-way; (V) address technical or other relevant requirements; (VI) establish requirements for environmental review in accordance with subparagraph (C); (VII) ensure compliance with all applicable environmental laws; (VIII) identify final approval authority; (IX) provide for public notification of final approvals; (X) establish a process for consultation with any affected States concerning off-reservation impacts, if any, identified pursuant to the provisions required under subparagraph (C)(i); (XI) describe the remedies for breach of the lease, business agreement, or right-of-way; (XII) require each lease, business agreement, and right-of-way to include a statement that, in the event that any of its provisions violates an express term or requirement set forth in the tribal energy resource agreement pursuant to which it was executed— (aa) such provision shall be null and void; and (bb) if the Secretary determines such provision to be material, the Secretary shall have the authority to suspend or rescind the lease, business agreement, or right-of-way or take other appropriate action that the Secretary determines to be in the best interest of the Indian tribe; (XIII) require each lease, business agreement, and right-of-way to provide that it will become effective on the date on which a copy of the executed lease, business agreement, or right-of-way is delivered to the Secretary in accordance with regulations adopted pursuant to this subsection; and (XIV) include citations to tribal laws, regulations, or procedures, if any, that set out tribal remedies that must be exhausted before a petition may be submitted to the Secretary pursuant to paragraph (7)(B). (C) Tribal energy resource agreements submitted under paragraph (1) shall establish, and include provisions to ensure compliance with, an environmental review process that, with respect to a lease, business agreement, or right-of-way under this section, provides for— (i) the identification and evaluation of all significant environmental impacts (as compared with a no-action alternative), including effects on cultural resources; (ii) the identification of proposed mitigation; (iii) a process for ensuring that the public is informed of and has an opportunity to comment on the environmental impacts of the proposed action before tribal approval of the lease, business agreement, or right-of-way; and (iv) sufficient administrative support and technical capability to carry out the environmental review process. (D) A tribal energy resource agreement negotiated between the Secretary and an Indian tribe in accordance with this subsection shall include— (i) provisions requiring the Secretary to conduct a periodic review and evaluation to monitor the performance of the Indian tribe’s activities associated with the development of energy resources under the tribal energy resource agreement; and (ii) when such review and evaluation result in a finding by the Secretary of imminent jeopardy to a physical trust asset arising from a violation of the tribal energy resource agreement or applicable Federal laws, provisions authorizing the Secretary to take appropriate actions determined by the Secretary to be necessary to protect such asset, which actions may include reassumption of responsibility for activities associated with the development of energy resources on tribal land until the violation and conditions that gave rise to such jeopardy have been corrected. (E) The periodic review and evaluation described in subparagraph (D) shall be conducted on an annual basis, except that, after the third such annual review and evaluation, the Secretary and the Indian tribe may mutually agree to amend the tribal energy resource agreement to authorize the review and evaluation required by subparagraph (D) to be conducted once every 2 years. (3) The Secretary shall provide notice and opportunity for public comment on tribal energy resource agreements submitted for approval under paragraph (1). The Secretary’s review of a tribal energy resource agreement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be limited to the direct effects of that approval. (4) If the Secretary disapproves a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), the Secretary shall, not later than 10 days after the date of disapproval— (A) notify the Indian tribe in writing of the basis for the disapproval; (B) identify what changes or other actions are required to address the concerns of the Secretary; and (C) provide the Indian tribe with an opportunity to revise and resubmit the tribal energy resource agreement. (5) If an Indian tribe executes a lease or business agreement or grants a right-of-way in accordance with a tribal energy resource agreement approved under this subsection, the Indian tribe shall, in accordance with the process and requirements set forth in the Secretary’s regulations adopted pursuant to paragraph (8), provide to the Secretary— (A) a copy of the lease, business agreement, or right-of-way document (including all amendments to and renewals of the document); and (B) in the case of a tribal energy resource agreement or a lease, business agreement, or right-of-way that permits payments to be made directly to the Indian tribe, information and documentation of those payments sufficient to enable the Secretary to discharge the trust responsibility of the United States to enforce the terms of, and protect the Indian tribe’s rights under, the lease, business agreement, or right-of-way. (6) (A) For purposes of the activities to be undertaken by the Secretary pursuant to this section, the Secretary shall— (i) carry out such activities in a manner consistent with the trust responsibility of the United States relating to mineral and other trust resources; and (ii) act in good faith and in the best interests of the Indian tribes. (B) Subject to the provisions of subsections (a)(2), (b), and (c) waiving the requirement of Secretarial approval of leases, business agreements, and rights-of-way executed pursuant to tribal energy resource agreements approved under this section, and the provisions of subparagraph (D), nothing in this section shall absolve the United States from any responsibility to Indians or Indian tribes, including, but not limited to, those which derive from the trust relationship or from any treaties, statutes, and other laws of the United States, Executive Orders, or agreements between the United States and any Indian tribe. (C) The Secretary shall continue to have a trust obligation to ensure that the rights and interests of an Indian tribe are protected in the event that— (i) any other party to any such lease, business agreement, or right-of-way violates any applicable provision of Federal law or the terms of any lease, business agreement, or right-of-way under this section; or (ii) any provision in such lease, business agreement, or right-of-way violates any express provision or requirement set forth in the tribal energy resource agreement pursuant to which the lease, business agreement, or right-of-way was executed. (D) Notwithstanding subparagraph (B), the United States shall not be liable to any party (including any Indian tribe) for any of the negotiated terms of, or any losses resulting from the negotiated terms of, a lease, business agreement, or right-of-way executed pursuant to and in accordance with a tribal energy resource agreement approved by the Secretary under paragraph (2). For the purpose of this subparagraph, the term negotiated terms means any terms or provisions that are negotiated by an Indian tribe and any other party or parties to a lease, business agreement, or right-of-way entered into pursuant to an approved tribal energy resource agreement. (7) (A) In this paragraph, the term interested party means any person or entity the interests of which have sustained or will sustain a significant adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). (B) After exhaustion of tribal remedies, and in accordance with the process and requirements set forth in regulations adopted by the Secretary pursuant to paragraph (8), an interested party may submit to the Secretary a petition to review compliance of an Indian tribe with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). (C) (i) Not later than 120 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall determine whether the Indian tribe is not in compliance with the tribal energy resource agreement, as alleged in the petition. (ii) The Secretary may adopt procedures under paragraph (8) authorizing an extension of time, not to exceed 120 days, for making the determination under clause (i) in any case in which the Secretary determines that additional time is necessary to evaluate the allegations of the petition. (iii) Subject to subparagraph (D), if the Secretary determines that the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition, the Secretary shall take such action as is necessary to ensure compliance with the provisions of the tribal energy resource agreement, which action may include— (I) temporarily suspending some or all activities under a lease, business agreement, or right-of-way under this section until the Indian tribe or such activities are in compliance with the provisions of the approved tribal energy resource agreement; or (II) rescinding approval of all or part of the tribal energy resource agreement, and if all of such agreement is rescinded, reassuming the responsibility for approval of any future leases, business agreements, or rights-of-way described in subsections (a) and (b). (D) Prior to seeking to ensure compliance with the provisions of the tribal energy resource agreement of an Indian tribe under subparagraph (C)(iii), the Secretary shall— (i) make a written determination that describes the manner in which the tribal energy resource agreement has been violated; (ii) provide the Indian tribe with a written notice of the violations together with the written determination; and (iii) before taking any action described in subparagraph (C)(iii) or seeking any other remedy, provide the Indian tribe with a hearing and a reasonable opportunity to attain compliance with the tribal energy resource agreement. (E) An Indian tribe described in subparagraph (D) shall retain all rights to appeal as provided in regulations issued by the Secretary. (8) Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary shall issue regulations that implement the provisions of this subsection, including— (A) criteria to be used in determining the capacity of an Indian tribe described in paragraph (2)(B)(i), including the experience of the Indian tribe in managing natural resources and financial and administrative resources available for use by the Indian tribe in implementing the approved tribal energy resource agreement of the Indian tribe; (B) a process and requirements in accordance with which an Indian tribe may— (i) voluntarily rescind a tribal energy resource agreement approved by the Secretary under this subsection; and (ii) return to the Secretary the responsibility to approve any future leases, business agreements, and rights-of-way described in this subsection; (C) provisions setting forth the scope of, and procedures for, the periodic review and evaluation described in subparagraphs (D) and (E) of paragraph (2), including provisions for review of transactions, reports, site inspections, and any other review activities the Secretary determines to be appropriate; and (D) provisions defining final agency actions after exhaustion of administrative appeals from determinations of the Secretary under paragraph (7). (f) No effect on other law \nNothing in this section affects the application of— (1) any Federal environment law; (2) the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ); or (3) except as otherwise provided in this title, the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 et seq. ) and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (g) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2004 through 2014 to implement the provisions of this section and to make grants or provide other appropriate assistance to Indian tribes to assist the Indian tribes in developing and implementing tribal energy resource agreements in accordance with the provisions of this section. 2605. Indian mineral development review \n(a) In general \nThe Secretary shall conduct a review of all activities being conducted under the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 et seq. ) as of that date. (b) Report \nNot later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary shall submit to Congress a report that includes— (1) the results of the review; (2) recommendations to ensure that Indian tribes have the opportunity to develop Indian energy resources; and (3) an analysis of the barriers to the development of energy resources on Indian land (including legal, fiscal, market, and other barriers), along with recommendations for the removal of those barriers. 2606. Federal Power Marketing Administrations \n(a) Definitions \nIn this section: (1) The term Administrator means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration. (2) The term power marketing administration means— (A) the Bonneville Power Administration; (B) the Western Area Power Administration; and (C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration. (b) Encouragement of Indian tribal energy development \nEach Administrator shall encourage Indian tribal energy development by taking such actions as are appropriate, including administration of programs of the Bonneville Power Administration and the Western Area Power Administration, in accordance with this section. (c) Action by the Administrator \nIn carrying out this section, and in accordance with existing law— (1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes; (2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land; (3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and (4) each Administrator shall not pay more than the prevailing market price for an energy product nor obtain less than prevailing market terms and conditions. (d) Assistance for transmission system use \n(1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power. (2) The costs of technical assistance provided under paragraph (1) shall be funded by the Secretary of Energy using nonreimbursable funds appropriated for that purpose, or by the applicable Indian tribes. (e) Power allocation study \nNot later than 2 years after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary of Energy shall submit to Congress a report that— (1) describes the use by Indian tribes of Federal power allocations of the Western Area Power Administration (or power sold by the Southwestern Power Administration) and the Bonneville Power Administration to or for the benefit of Indian tribes in service areas of those administrations; and (2) identifies— (A) the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration; (B) the quantity of power sold to Indian tribes by other power marketing administrations; and (C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $750,000, which shall remain available until expended and shall not be reimbursable. 2607. Wind and hydropower feasibility study \n(a) Study \nThe Secretary of Energy, in coordination with the Secretary of the Army and the Secretary, shall conduct a study of the cost and feasibility of developing a demonstration project that would use wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration. (b) Scope of study \nThe study shall— (1) determine the feasibility of the blending of wind energy and hydropower generated from the Missouri River dams operated by the Army Corps of Engineers; (2) review historical and projected requirements for firming power and the patterns of availability and use of firming power; (3) assess the wind energy resource potential on tribal land and projected cost savings through a blend of wind and hydropower over a 30-year period; (4) determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation; and (5) include an independent tribal engineer as a study team member. (c) Report \nNot later than 1 year after the date of enactment of the Energy Policy Act of 2003, the Secretary and Secretary of the Army shall submit to Congress a report that describes the results of the study, including— (1) an analysis of the potential energy cost or benefits to the customers of the Western Area Power Administration through the use of combined wind and hydropower; (2) an evaluation of whether a combined wind and hydropower system can reduce reservoir fluctuation, enhance efficient and reliable energy production, and provide Missouri River management flexibility; (3) recommendations for a demonstration project that could be carried out by the Western Area Power Administration in partnership with an Indian tribal government or tribal energy resource development organization to demonstrate the feasibility and potential of using wind energy produced on Indian land to supply firming energy to the Western Area Power Administration or any other Federal power marketing agency; and (4) an identification of— (A) the economic and environmental costs or benefits to be realized through such a Federal-tribal partnership; and (B) the manner in which such a partnership could contribute to the energy security of the United States. (d) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $500,000, to remain available until expended. (2) Nonreimbursability \nCosts incurred by the Secretary in carrying out this section shall be nonreimbursable.. (b) Conforming amendments \nThe table of contents for the Energy Policy Act of 1992 is amended by striking the items relating to title XXVI and inserting the following: Sec. 2601. Definitions Sec. 2602. Indian tribal energy resource development Sec. 2603. Indian tribal energy resource regulation Sec. 2604. Leases, business agreements, and rights-of-way involving energy development or transmission Sec. 2605. Indian mineral development review Sec. 2606. Federal Power Marketing Administrations Sec. 2607. Wind and hydropower feasibility study.", "id": "HD8AE9E72ED75461E8B74C0EA971C00D4", "header": "Indian energy" }, { "text": "2601. Definitions \nFor purposes of this title: (1) The term Director means the Director of the Office of Indian Energy Policy and Programs, Department of Energy. (2) The term Indian land means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; and (C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), or that was conveyed by the United States to a Native Corporation in exchange for such land. (3) The term Indian reservation includes— (A) an Indian reservation in existence in any State or States as of the date of enactment of this paragraph; (B) a public domain Indian allotment; and (C) a dependent Indian community located within the borders of the United States, regardless of whether the community is located— (i) on original or acquired territory of the community; or (ii) within or outside the boundaries of any particular State. (4) The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), except that the term Indian tribe , for the purpose of paragraph (11) and sections 2603(b)(3) and 2604, shall not include any Native Corporation. (5) The term integration of energy resources means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land. (6) The term Native Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (7) The term organization means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources. (8) The term Program means the Indian energy resource development program established under section 2602(a). (9) The term Secretary means the Secretary of the Interior. (10) The term tribal energy resource development organization means an organization of 2 or more entities, at least 1 of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance authorized by section 2602. (11) The term tribal land means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States or which is subject to a restriction against alienation under laws of the United States.", "id": "HCF29374C0CF44060B6596374EEA5DF19", "header": "Definitions" }, { "text": "2602. Indian tribal energy resource development \n(a) Department of the interior Program \n(1) To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program to assist consenting Indian tribes and tribal energy resource development organizations in achieving the purposes of this title. (2) In carrying out the Program, the Secretary shall— (A) provide development grants to Indian tribes and tribal energy resource development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues; (B) provide grants to Indian tribes and tribal energy resource development organizations for use in carrying out projects to promote the integration of energy resources, and to process, use, or develop those energy resources, on Indian land; and (C) provide low-interest loans to Indian tribes and tribal energy resource development organizations for use in the promotion of energy resource development on Indian land and integration of energy resources. (3) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2004 through 2014. (b) Department of energy Indian energy education planning and management assistance Program \n(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research and development, planning, and management needs. (2) In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe or tribal energy resource development organization for use in carrying out— (A) energy, energy efficiency, and energy conservation programs; (B) studies and other activities supporting tribal acquisitions of energy supplies, services, and facilities; (C) planning, construction, development, operation, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and (D) development, construction, and interconnection of electric power transmission facilities located on Indian land with other electric transmission facilities. (3) (A) The Director may develop, in consultation with Indian tribes, a formula for providing grants under this subsection. (B) In providing a grant under this subsection, the Director shall give priority to an application received from an Indian tribe with inadequate electric service (as determined by the Director). (4) The Secretary of Energy may issue such regulations as necessary to carry out this subsection. (5) There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2004 through 2014. (c) Department of energy loan guarantee Program \n(1) Subject to paragraph (3), the Secretary of Energy may provide loan guarantees (as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a )) for not more than 90 percent of the unpaid principal and interest due on any loan made to any Indian tribe for energy development. (2) A loan guarantee under this subsection shall be made by— (A) a financial institution subject to examination by the Secretary of Energy; or (B) an Indian tribe, from funds of the Indian tribe. (3) The aggregate outstanding amount guaranteed by the Secretary of Energy at any time under this subsection shall not exceed $2,000,000,000. (4) The Secretary of Energy may issue such regulations as the Secretary of Energy determines are necessary to carry out this subsection. (5) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended. (6) Not later than 1 year from the date of enactment of this section, the Secretary of Energy shall report to Congress on the financing requirements of Indian tribes for energy development on Indian land. (d) Federal agencies-indian energy preference \n(1) In purchasing electricity or any other energy product or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business organization the majority of the interest in which is owned and controlled by 1 or more Indian tribes. (2) In carrying out this subsection, a Federal agency or department shall not— (A) pay more than the prevailing market price for an energy product or byproduct; or (B) obtain less than prevailing market terms and conditions.", "id": "HB8528F7D6B6842D0A8D437DD07CB58A4", "header": "Indian tribal energy resource development" }, { "text": "2603. Indian tribal energy resource regulation \n(a) Grants \nThe Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b). (b) Use of funds \nFunds from a grant provided under this section may be used— (1) by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land; (2) by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land; (3) by an Indian tribe (other than an Indian Tribe in Alaska except the Metlakatla Indian Community) for the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development and the development of technical infrastructure to protect the environment under applicable law; or (4) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and (5) by an Indian tribe for the training of employees that— (A) are engaged in the development of energy resources on Indian land; or (B) are responsible for protecting the environment. (c) Other assistance \nIn carrying out the obligations of the United States under this title, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that upon the request of an Indian tribe, the Indian tribe shall have available scientific and technical information and expertise, for use in the Indian tribe’s regulation, development, and management of energy resources on Indian land. The Secretary may fulfill this responsibility either directly, through the use of Federal officials, or indirectly, by providing financial assistance to the Indian tribe to secure independent assistance.", "id": "HF37EDC5EFEBA4425BC75E301EF9FDEA9", "header": "Indian tribal energy resource regulation" }, { "text": "2604. Leases, business agreements, and rights-of-way involving energy development or transmission \n(a) Leases and business agreements \nSubject to the provisions of this section— (1) an Indian tribe may, at its discretion, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, processing of, or other development of the Indian tribe’s energy mineral resources located on tribal land; and (B) construction or operation of an electric generation, transmission, or distribution facility located on tribal land or a facility to process or refine energy resources developed on tribal land; and (2) such lease or business agreement described in paragraph (1) shall not require the approval of the Secretary under section 2103 of the Revised Statutes ( 25 U.S.C. 81 ) or any other provision of law, if— (A) the lease or business agreement is executed pursuant to a tribal energy resource agreement approved by the Secretary under subsection (e); (B) the term of the lease or business agreement does not exceed— (i) 30 years; or (ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities; and (C) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to the provisions required by subsection (e)(2)(D)(i)). (b) Rights-of-way for pipelines or electric transmission or distribution lines \nAn Indian tribe may grant a right-of-way over tribal land for a pipeline or an electric transmission or distribution line without approval by the Secretary if— (1) the right-of-way is executed in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e); (2) the term of the right-of-way does not exceed 30 years; (3) the pipeline or electric transmission or distribution line serves— (A) an electric generation, transmission, or distribution facility located on tribal land; or (B) a facility located on tribal land that processes or refines energy resources developed on tribal land; and (4) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including the periodic review and evaluation of the Indian tribe’s activities under such agreement described in subparagraphs (D) and (E) of subsection (e)(2)). (c) Renewals \nA lease or business agreement entered into or a right-of-way granted by an Indian tribe under this section may be renewed at the discretion of the Indian tribe in accordance with this section. (d) Validity \nNo lease, business agreement, or right-of-way relating to the development of tribal energy resources pursuant to the provisions of this section shall be valid unless the lease, business agreement, or right-of-way is authorized by the provisions of a tribal energy resource agreement approved by the Secretary under subsection (e)(2). (e) Tribal energy resource agreements \n(1) On issuance of regulations under paragraph (8), an Indian tribe may submit to the Secretary for approval a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section. (2) (A) Not later than 180 days after the date on which the Secretary receives a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), or not later than 60 days after the Secretary receives a revised tribal energy resource agreement submitted by an Indian tribe under paragraph (4)(C), (or such later date as may be agreed to by the Secretary and the Indian tribe), the Secretary shall approve or disapprove the tribal energy resource agreement. (B) The Secretary shall approve a tribal energy resource agreement submitted under paragraph (1) if— (i) the Secretary determines that the Indian tribe has demonstrated that the Indian tribe has sufficient capacity to regulate the development of energy resources of the Indian tribe; (ii) the tribal energy resource agreement includes provisions required under subparagraph (D); and (iii) the tribal energy resource agreement includes provisions that, with respect to a lease, business agreement, or right-of-way under this section— (I) ensure the acquisition of necessary information from the applicant for the lease, business agreement, or right-of-way; (II) address the term of the lease or business agreement or the term of conveyance of the right-of-way; (III) address amendments and renewals; (IV) address the economic return to the Indian tribe under leases, business agreements, and rights-of-way; (V) address technical or other relevant requirements; (VI) establish requirements for environmental review in accordance with subparagraph (C); (VII) ensure compliance with all applicable environmental laws; (VIII) identify final approval authority; (IX) provide for public notification of final approvals; (X) establish a process for consultation with any affected States concerning off-reservation impacts, if any, identified pursuant to the provisions required under subparagraph (C)(i); (XI) describe the remedies for breach of the lease, business agreement, or right-of-way; (XII) require each lease, business agreement, and right-of-way to include a statement that, in the event that any of its provisions violates an express term or requirement set forth in the tribal energy resource agreement pursuant to which it was executed— (aa) such provision shall be null and void; and (bb) if the Secretary determines such provision to be material, the Secretary shall have the authority to suspend or rescind the lease, business agreement, or right-of-way or take other appropriate action that the Secretary determines to be in the best interest of the Indian tribe; (XIII) require each lease, business agreement, and right-of-way to provide that it will become effective on the date on which a copy of the executed lease, business agreement, or right-of-way is delivered to the Secretary in accordance with regulations adopted pursuant to this subsection; and (XIV) include citations to tribal laws, regulations, or procedures, if any, that set out tribal remedies that must be exhausted before a petition may be submitted to the Secretary pursuant to paragraph (7)(B). (C) Tribal energy resource agreements submitted under paragraph (1) shall establish, and include provisions to ensure compliance with, an environmental review process that, with respect to a lease, business agreement, or right-of-way under this section, provides for— (i) the identification and evaluation of all significant environmental impacts (as compared with a no-action alternative), including effects on cultural resources; (ii) the identification of proposed mitigation; (iii) a process for ensuring that the public is informed of and has an opportunity to comment on the environmental impacts of the proposed action before tribal approval of the lease, business agreement, or right-of-way; and (iv) sufficient administrative support and technical capability to carry out the environmental review process. (D) A tribal energy resource agreement negotiated between the Secretary and an Indian tribe in accordance with this subsection shall include— (i) provisions requiring the Secretary to conduct a periodic review and evaluation to monitor the performance of the Indian tribe’s activities associated with the development of energy resources under the tribal energy resource agreement; and (ii) when such review and evaluation result in a finding by the Secretary of imminent jeopardy to a physical trust asset arising from a violation of the tribal energy resource agreement or applicable Federal laws, provisions authorizing the Secretary to take appropriate actions determined by the Secretary to be necessary to protect such asset, which actions may include reassumption of responsibility for activities associated with the development of energy resources on tribal land until the violation and conditions that gave rise to such jeopardy have been corrected. (E) The periodic review and evaluation described in subparagraph (D) shall be conducted on an annual basis, except that, after the third such annual review and evaluation, the Secretary and the Indian tribe may mutually agree to amend the tribal energy resource agreement to authorize the review and evaluation required by subparagraph (D) to be conducted once every 2 years. (3) The Secretary shall provide notice and opportunity for public comment on tribal energy resource agreements submitted for approval under paragraph (1). The Secretary’s review of a tribal energy resource agreement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be limited to the direct effects of that approval. (4) If the Secretary disapproves a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), the Secretary shall, not later than 10 days after the date of disapproval— (A) notify the Indian tribe in writing of the basis for the disapproval; (B) identify what changes or other actions are required to address the concerns of the Secretary; and (C) provide the Indian tribe with an opportunity to revise and resubmit the tribal energy resource agreement. (5) If an Indian tribe executes a lease or business agreement or grants a right-of-way in accordance with a tribal energy resource agreement approved under this subsection, the Indian tribe shall, in accordance with the process and requirements set forth in the Secretary’s regulations adopted pursuant to paragraph (8), provide to the Secretary— (A) a copy of the lease, business agreement, or right-of-way document (including all amendments to and renewals of the document); and (B) in the case of a tribal energy resource agreement or a lease, business agreement, or right-of-way that permits payments to be made directly to the Indian tribe, information and documentation of those payments sufficient to enable the Secretary to discharge the trust responsibility of the United States to enforce the terms of, and protect the Indian tribe’s rights under, the lease, business agreement, or right-of-way. (6) (A) For purposes of the activities to be undertaken by the Secretary pursuant to this section, the Secretary shall— (i) carry out such activities in a manner consistent with the trust responsibility of the United States relating to mineral and other trust resources; and (ii) act in good faith and in the best interests of the Indian tribes. (B) Subject to the provisions of subsections (a)(2), (b), and (c) waiving the requirement of Secretarial approval of leases, business agreements, and rights-of-way executed pursuant to tribal energy resource agreements approved under this section, and the provisions of subparagraph (D), nothing in this section shall absolve the United States from any responsibility to Indians or Indian tribes, including, but not limited to, those which derive from the trust relationship or from any treaties, statutes, and other laws of the United States, Executive Orders, or agreements between the United States and any Indian tribe. (C) The Secretary shall continue to have a trust obligation to ensure that the rights and interests of an Indian tribe are protected in the event that— (i) any other party to any such lease, business agreement, or right-of-way violates any applicable provision of Federal law or the terms of any lease, business agreement, or right-of-way under this section; or (ii) any provision in such lease, business agreement, or right-of-way violates any express provision or requirement set forth in the tribal energy resource agreement pursuant to which the lease, business agreement, or right-of-way was executed. (D) Notwithstanding subparagraph (B), the United States shall not be liable to any party (including any Indian tribe) for any of the negotiated terms of, or any losses resulting from the negotiated terms of, a lease, business agreement, or right-of-way executed pursuant to and in accordance with a tribal energy resource agreement approved by the Secretary under paragraph (2). For the purpose of this subparagraph, the term negotiated terms means any terms or provisions that are negotiated by an Indian tribe and any other party or parties to a lease, business agreement, or right-of-way entered into pursuant to an approved tribal energy resource agreement. (7) (A) In this paragraph, the term interested party means any person or entity the interests of which have sustained or will sustain a significant adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). (B) After exhaustion of tribal remedies, and in accordance with the process and requirements set forth in regulations adopted by the Secretary pursuant to paragraph (8), an interested party may submit to the Secretary a petition to review compliance of an Indian tribe with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). (C) (i) Not later than 120 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall determine whether the Indian tribe is not in compliance with the tribal energy resource agreement, as alleged in the petition. (ii) The Secretary may adopt procedures under paragraph (8) authorizing an extension of time, not to exceed 120 days, for making the determination under clause (i) in any case in which the Secretary determines that additional time is necessary to evaluate the allegations of the petition. (iii) Subject to subparagraph (D), if the Secretary determines that the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition, the Secretary shall take such action as is necessary to ensure compliance with the provisions of the tribal energy resource agreement, which action may include— (I) temporarily suspending some or all activities under a lease, business agreement, or right-of-way under this section until the Indian tribe or such activities are in compliance with the provisions of the approved tribal energy resource agreement; or (II) rescinding approval of all or part of the tribal energy resource agreement, and if all of such agreement is rescinded, reassuming the responsibility for approval of any future leases, business agreements, or rights-of-way described in subsections (a) and (b). (D) Prior to seeking to ensure compliance with the provisions of the tribal energy resource agreement of an Indian tribe under subparagraph (C)(iii), the Secretary shall— (i) make a written determination that describes the manner in which the tribal energy resource agreement has been violated; (ii) provide the Indian tribe with a written notice of the violations together with the written determination; and (iii) before taking any action described in subparagraph (C)(iii) or seeking any other remedy, provide the Indian tribe with a hearing and a reasonable opportunity to attain compliance with the tribal energy resource agreement. (E) An Indian tribe described in subparagraph (D) shall retain all rights to appeal as provided in regulations issued by the Secretary. (8) Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary shall issue regulations that implement the provisions of this subsection, including— (A) criteria to be used in determining the capacity of an Indian tribe described in paragraph (2)(B)(i), including the experience of the Indian tribe in managing natural resources and financial and administrative resources available for use by the Indian tribe in implementing the approved tribal energy resource agreement of the Indian tribe; (B) a process and requirements in accordance with which an Indian tribe may— (i) voluntarily rescind a tribal energy resource agreement approved by the Secretary under this subsection; and (ii) return to the Secretary the responsibility to approve any future leases, business agreements, and rights-of-way described in this subsection; (C) provisions setting forth the scope of, and procedures for, the periodic review and evaluation described in subparagraphs (D) and (E) of paragraph (2), including provisions for review of transactions, reports, site inspections, and any other review activities the Secretary determines to be appropriate; and (D) provisions defining final agency actions after exhaustion of administrative appeals from determinations of the Secretary under paragraph (7). (f) No effect on other law \nNothing in this section affects the application of— (1) any Federal environment law; (2) the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ); or (3) except as otherwise provided in this title, the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 et seq. ) and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (g) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2004 through 2014 to implement the provisions of this section and to make grants or provide other appropriate assistance to Indian tribes to assist the Indian tribes in developing and implementing tribal energy resource agreements in accordance with the provisions of this section.", "id": "HDC6DB04E13E644EF8116E9536382EEFA", "header": "Leases, business agreements, and rights-of-way involving energy development or transmission" }, { "text": "2605. Indian mineral development review \n(a) In general \nThe Secretary shall conduct a review of all activities being conducted under the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 et seq. ) as of that date. (b) Report \nNot later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary shall submit to Congress a report that includes— (1) the results of the review; (2) recommendations to ensure that Indian tribes have the opportunity to develop Indian energy resources; and (3) an analysis of the barriers to the development of energy resources on Indian land (including legal, fiscal, market, and other barriers), along with recommendations for the removal of those barriers.", "id": "H708A861F58CF4F1FAFF3E6636968C500", "header": "Indian mineral development review" }, { "text": "2606. Federal Power Marketing Administrations \n(a) Definitions \nIn this section: (1) The term Administrator means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration. (2) The term power marketing administration means— (A) the Bonneville Power Administration; (B) the Western Area Power Administration; and (C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration. (b) Encouragement of Indian tribal energy development \nEach Administrator shall encourage Indian tribal energy development by taking such actions as are appropriate, including administration of programs of the Bonneville Power Administration and the Western Area Power Administration, in accordance with this section. (c) Action by the Administrator \nIn carrying out this section, and in accordance with existing law— (1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes; (2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land; (3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and (4) each Administrator shall not pay more than the prevailing market price for an energy product nor obtain less than prevailing market terms and conditions. (d) Assistance for transmission system use \n(1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power. (2) The costs of technical assistance provided under paragraph (1) shall be funded by the Secretary of Energy using nonreimbursable funds appropriated for that purpose, or by the applicable Indian tribes. (e) Power allocation study \nNot later than 2 years after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2004 , the Secretary of Energy shall submit to Congress a report that— (1) describes the use by Indian tribes of Federal power allocations of the Western Area Power Administration (or power sold by the Southwestern Power Administration) and the Bonneville Power Administration to or for the benefit of Indian tribes in service areas of those administrations; and (2) identifies— (A) the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration; (B) the quantity of power sold to Indian tribes by other power marketing administrations; and (C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $750,000, which shall remain available until expended and shall not be reimbursable.", "id": "H6D57944411DC4D22A09C18599D98469F", "header": "Federal Power Marketing Administrations" }, { "text": "2607. Wind and hydropower feasibility study \n(a) Study \nThe Secretary of Energy, in coordination with the Secretary of the Army and the Secretary, shall conduct a study of the cost and feasibility of developing a demonstration project that would use wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration. (b) Scope of study \nThe study shall— (1) determine the feasibility of the blending of wind energy and hydropower generated from the Missouri River dams operated by the Army Corps of Engineers; (2) review historical and projected requirements for firming power and the patterns of availability and use of firming power; (3) assess the wind energy resource potential on tribal land and projected cost savings through a blend of wind and hydropower over a 30-year period; (4) determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation; and (5) include an independent tribal engineer as a study team member. (c) Report \nNot later than 1 year after the date of enactment of the Energy Policy Act of 2003, the Secretary and Secretary of the Army shall submit to Congress a report that describes the results of the study, including— (1) an analysis of the potential energy cost or benefits to the customers of the Western Area Power Administration through the use of combined wind and hydropower; (2) an evaluation of whether a combined wind and hydropower system can reduce reservoir fluctuation, enhance efficient and reliable energy production, and provide Missouri River management flexibility; (3) recommendations for a demonstration project that could be carried out by the Western Area Power Administration in partnership with an Indian tribal government or tribal energy resource development organization to demonstrate the feasibility and potential of using wind energy produced on Indian land to supply firming energy to the Western Area Power Administration or any other Federal power marketing agency; and (4) an identification of— (A) the economic and environmental costs or benefits to be realized through such a Federal-tribal partnership; and (B) the manner in which such a partnership could contribute to the energy security of the United States. (d) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $500,000, to remain available until expended. (2) Nonreimbursability \nCosts incurred by the Secretary in carrying out this section shall be nonreimbursable.", "id": "H77FA6CF0E6284A2D8DAAE65C4BEAE677", "header": "Wind and hydropower feasibility study" }, { "text": "504. Four corners transmission line project \nThe Dine Power Authority, an enterprise of the Navajo Nation, shall be eligible to receive grants and other assistance as authorized by section 217 of the Department of Energy Organization Act, as added by section 502 of this title, and section 2602 of the Energy Policy Act of 1992, as amended by this title, for activities associated with the development of a transmission line from the Four Corners Area to southern Nevada, including related power generation opportunities.", "id": "H68B8E0C39F2543A2A8E40087AFA692A9", "header": "Four corners transmission line project" }, { "text": "505. Energy efficiency in federally assisted housing \n(a) In general \nThe Secretary of Housing and Urban Development shall promote energy conservation in housing that is located on Indian land and assisted with Federal resources through— (1) the use of energy-efficient technologies and innovations (including the procurement of energy-efficient refrigerators and other appliances); (2) the promotion of shared savings contracts; and (3) the use and implementation of such other similar technologies and innovations as the Secretary of Housing and Urban Development considers to be appropriate. (b) Amendment \nSection 202(2) of the Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4132(2) ) is amended by inserting improvement to achieve greater energy efficiency, after planning,.", "id": "HE46A3A969C55467AA0B3937325FE68C1", "header": "Energy efficiency in federally assisted housing" }, { "text": "506. Consultation with Indian tribes \nIn carrying out this title and the amendments made by this title, the Secretary of Energy and the Secretary shall, as appropriate and to the maximum extent practicable, involve and consult with Indian tribes in a manner that is consistent with the Federal trust and the government-to-government relationships between Indian tribes and the United States.", "id": "HFDC0C182D4E54E788FCECF00541E225C", "header": "Consultation with Indian tribes" }, { "text": "601. Short title \nThis subtitle may be cited as the Price-Anderson Amendments Act of 2003.", "id": "HF039F562B82D4E8D8933F7877111448F", "header": "Short title" }, { "text": "602. Extension of indemnification authority \n(a) Indemnification of nuclear regulatory commission licensees \nSection 170 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(c) ) is amended— (1) in the subsection heading, by striking Licenses and inserting Licensees ; and (2) by striking December 31, 2003 each place it appears and inserting December 31, 2023. (b) Indemnification of Department of Energy contractors \nSection 170 d.(1)(A) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(d)(1)(A) ) is amended by striking December 31, 2004 and inserting December 31, 2023. (c) Indemnification of nonprofit educational institutions \nSection 170 k. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(k) ) is amended by striking August 1, 2002 each place it appears and inserting December 31, 2023.", "id": "H017B438A1B314A3100FA34ED73F540F8", "header": "Extension of indemnification authority" }, { "text": "603. Maximum assessment \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) is amended— (1) in the second proviso of the third sentence of subsection b.(1)— (A) by striking $63,000,000 and inserting $95,800,000 ; and (B) by striking $10,000,000 in any 1 year and inserting $15,000,000 in any 1 year (subject to adjustment for inflation under subsection t.) ; and (2) in subsection t.(1)— (A) by inserting total and annual after amount of the maximum ; (B) by striking the date of the enactment of the Price-Anderson Amendments Act of 1988 and inserting August 20, 2003 ; and (C) in subparagraph (A), by striking such date of enactment and inserting August 20, 2003.", "id": "HF07BC09906424FDFBA2380A79CC1FAB6", "header": "Maximum assessment" }, { "text": "604. Department of energy liability limit \n(a) Indemnification of Department of Energy contractors \nSection 170 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(d) ) is amended by striking paragraph (2) and inserting the following: (2) In an agreement of indemnification entered into under paragraph (1), the Secretary— (A) may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity; and (B) shall indemnify the persons indemnified against such liability above the amount of the financial protection required, in the amount of $10,000,000,000 (subject to adjustment for inflation under subsection t.), in the aggregate, for all persons indemnified in connection with the contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary.. (b) Contract amendments \nSection 170 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(d) ) is further amended by striking paragraph (3) and inserting the following— (3) All agreements of indemnification under which the Department of Energy (or its predecessor agencies) may be required to indemnify any person under this section shall be deemed to be amended, on the date of enactment of the Price-Anderson Amendments Act of 2003, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection.. (c) Liability limit \nSection 170 e.(1)(B) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(e)(1)(B) ) is amended— (1) by striking the maximum amount of financial protection required under subsection b. or ; and (2) by striking paragraph (3) of subsection d., whichever amount is more and inserting paragraph (2) of subsection d..", "id": "H36A8D42C37AF4D07BDF7BF927C08FF1C", "header": "Department of energy liability limit" }, { "text": "605. Incidents outside the United States \n(a) Amount of indemnification \nSection 170 d.(5) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(d)(5) ) is amended by striking $100,000,000 and inserting $500,000,000. (b) Liability limit \nSection 170 e.(4) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(e)(4) ) is amended by striking $100,000,000 and inserting $500,000,000.", "id": "HCA88DF6A49074A2500E500C8CF5F1EBD", "header": "Incidents outside the United States" }, { "text": "606. Reports \nSection 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) is amended by striking August 1, 1998 and inserting December 31, 2019.", "id": "H75DB997C78E1440E8E3282DD4B7700E5", "header": "Reports" }, { "text": "607. Inflation adjustment \nSection 170 t. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(t) ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) The Secretary shall adjust the amount of indemnification provided under an agreement of indemnification under subsection d. not less than once during each 5-year period following July 1, 2003, in accordance with the aggregate percentage change in the Consumer Price Index since— (A) that date, in the case of the first adjustment under this paragraph; or (B) the previous adjustment under this paragraph..", "id": "H8486BE06007C49139FFB8CB200D898A8", "header": "Inflation adjustment" }, { "text": "608. Treatment of modular reactors \nSection 170 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(b) ) is amended by adding at the end the following: (5) (A) For purposes of this section only, the Commission shall consider a combination of facilities described in subparagraph (B) to be a single facility having a rated capacity of 100,000 electrical kilowatts or more. (B) A combination of facilities referred to in subparagraph (A) is 2 or more facilities located at a single site, each of which has a rated capacity of 100,000 electrical kilowatts or more but not more than 300,000 electrical kilowatts, with a combined rated capacity of not more than 1,300,000 electrical kilowatts..", "id": "HF732B24EE8E44172B6DE337EC315DF9", "header": "Treatment of modular reactors" }, { "text": "609. Applicability \nThe amendments made by sections 603, 604, and 605 do not apply to a nuclear incident that occurs before the date of the enactment of this Act.", "id": "H02453620FD68483096A4BF1900B7DF76", "header": "Applicability" }, { "text": "610. Prohibition on assumption by United States government of liability for certain foreign incidents \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) is amended by adding at the end the following new subsection: u. Prohibition on assumption of liability for certain foreign incidents \nNotwithstanding this section or any other provision of law, no officer of the United States or of any department, agency, or instrumentality of the United States Government may enter into any contract or other arrangement, or into any amendment or modification of a contract or other arrangement, the purpose or effect of which would be to directly or indirectly impose liability on the United States Government, or any department, agency, or instrumentality of the United States Government, or to otherwise directly or indirectly require an indemnity by the United States Government, for nuclear incidents occurring in connection with the design, construction, or operation of a production facility or utilization facility in any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) to have repeatedly provided support for acts of international terrorism). This subsection shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary of Energy, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes..", "id": "H4FF2F38F866243E7ADC92A2988DF1C6", "header": "Prohibition on assumption by United States government of liability for certain foreign incidents" }, { "text": "611. Civil penalties \n(a) Repeal of automatic remission \nSection 234A b.(2) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2282a(b)(2) ) is amended by striking the last sentence. (b) Limitation for not-for-profit institutions \nSubsection d. of section 234A of the Atomic Energy Act of 1954 ( 42 U.S.C. 2282a(d) ) is amended to read as follows: d. (1) Notwithstanding subsection a., in the case of any not-for-profit contractor, subcontractor, or supplier, the total amount of civil penalties paid under subsection a. may not exceed the total amount of fees paid within any 1-year period (as determined by the Secretary) under the contract under which the violation occurs. (2) For purposes of this section, the term not-for-profit means that no part of the net earnings of the contractor, subcontractor, or supplier inures to the benefit of any natural person or for-profit artificial person.. (c) Effective date \nThe amendments made by this section shall not apply to any violation of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) occurring under a contract entered into before the date of enactment of this section.", "id": "HD42ADE60E6B142C5001FC800FB1F491B", "header": "Civil penalties" }, { "text": "621. Licenses \nSection 103 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(c) ) is amended by inserting from the authorization to commence operations after forty years.", "id": "HDFE07736255B438CAFDAF49F22801FD7", "header": "Licenses" }, { "text": "622. NRC training program \n(a) In general \nIn order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Nuclear Regulatory Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical nuclear safety regulatory skills. (b) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Nuclear Regulatory Commission to carry out this section $1,000,000 for each of fiscal years 2004 through 2008. (2) Availability \nFunds made available under paragraph (1) shall remain available until expended.", "id": "H67C84C20F38D4C7AADF4EF9565FE1D9E", "header": "NRC training program" }, { "text": "623. Cost recovery from government agencies \nSection 161 w. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(w) ) is amended— (1) by striking for or is issued and all that follows through 1702 and inserting to the Commission for, or is issued by the Commission, a license or certificate ; (2) by striking 483a and inserting 9701 ; and (3) by striking , of applicants for, or holders of, such licenses or certificates.", "id": "HB853E1764B4D47EF80A59BBFB62F3E2B", "header": "Cost recovery from government agencies" }, { "text": "624. Elimination of pension offset \nSection 161 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201 ) is amended by adding at the end the following: y. Exempt from the application of sections 8344 and 8468 of title 5, United States Code, an annuitant who was formerly an employee of the Commission who is hired by the Commission as a consultant, if the Commission finds that the annuitant has a skill that is critical to the performance of the duties of the Commission..", "id": "H49ABCA5B86174707B96300BF2C507D57", "header": "Elimination of pension offset" }, { "text": "625. Antitrust review \nSection 105 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2135(c) ) is amended by adding at the end the following: (9) Applicability \nThis subsection does not apply to an application for a license to construct or operate a utilization facility or production facility under section 103 or 104 b. that is filed on or after the date of enactment of this paragraph..", "id": "HA23427BBA8A54CC9B5BD8FF5A124D085", "header": "Antitrust review" }, { "text": "626. Decommissioning \nSection 161 i. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(i) ) is amended— (1) by striking and (3) and inserting (3) ; and (2) by inserting before the semicolon at the end the following: , and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104 b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility.", "id": "HB118AC5B366D476E9E9CDD51B0F9AAF", "header": "Decommissioning" }, { "text": "627. Limitation on legal fee reimbursement \nThe Department of Energy shall not, except as required under a contract entered into before the date of enactment of this Act, reimburse any contractor or subcontractor of the Department for any legal fees or expenses incurred with respect to a complaint subsequent to— (1) an adverse determination on the merits with respect to such complaint against the contractor or subcontractor by the Director of the Department of Energy’s Office of Hearings and Appeals pursuant to part 708 of title 10, Code of Federal Regulations, or by a Department of Labor Administrative Law Judge pursuant to section 211 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5851 ); or (2) an adverse final judgment by any State or Federal court with respect to such complaint against the contractor or subcontractor for wrongful termination or retaliation due to the making of disclosures protected under chapter 12 of title 5, United States Code, section 211 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5851 ), or any comparable State law, unless the adverse determination or final judgment is reversed upon further administrative or judicial review.", "id": "H7541086302C74B5A977C7D5738CF41F4", "header": "Limitation on legal fee reimbursement" }, { "text": "628. Decommissioning pilot program \n(a) Pilot program \nThe Secretary of Energy shall establish a decommissioning pilot program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas in accordance with the decommissioning activities contained in the August 31, 1998, Department of Energy report on the reactor. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out this section $16,000,000.", "id": "HDF0E182F1F4F4DCB9DA9D72547D86DDD", "header": "Decommissioning pilot program" }, { "text": "629. Report on feasibility of developing commercial nuclear energy generation facilities at existing Department of Energy sites \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a report on the feasibility of developing commercial nuclear energy generation facilities at Department of Energy sites in existence on the date of enactment of this Act.", "id": "H7F4691CF762A46418EBDCDA148CBC43", "header": "Report on feasibility of developing commercial nuclear energy generation facilities at existing Department of Energy sites" }, { "text": "630. Uranium sales \n(a) Sales, transfers, and services \nSection 3112 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ) is amended by striking subsections (d), (e), and (f) and inserting the following: (3) The Secretary may transfer to the Corporation, notwithstanding subsections (b)(2) and (d), natural uranium in amounts sufficient to fulfill the Department of Energy’s commitments under Article 4(B) of the Agreement between the Department and the Corporation dated June 17, 2002. (d) Inventory Sales \n(1) In addition to the transfers and sales authorized under subsections (b) and (c) and under paragraph (5) of this subsection, the United States Government may transfer or sell uranium in any form subject to paragraphs (2), (3), and (4). (2) Except as provided in subsections (b) and (c) and paragraph (5) of this subsection, no sale or transfer of uranium shall be made under this subsection by the United States Government unless— (A) the President determines that the material is not necessary for national security needs and the sale or transfer has no adverse impact on implementation of existing government-to-government agreements; (B) the price paid to the appropriate Federal agency, if the transaction is a sale, will not be less than the fair market value of the material; and (C) the sale or transfer to commercial nuclear power end users is made pursuant to a contract of at least 3 years' duration. (3) Except as provided in paragraph (5), the United States Government shall not make any transfer or sale of uranium in any form under this subsection that would cause the total amount of uranium transferred or sold pursuant to this subsection that is delivered for consumption by commercial nuclear power end users to exceed— (A) 3,000,000 pounds of U 3 O 8 equivalent in fiscal year 2004, 2005, 2006, 2007, 2008, or 2009; (B) 5,000,000 pounds of U 3 O 8 equivalent in fiscal year 2010 or 2011; (C) 7,000,000 pounds of U 3 O 8 equivalent in fiscal year 2012; and (D) 10,000,000 pounds of U 3 O 8 equivalent in fiscal year 2013 or any fiscal year thereafter. (4) Except for sales or transfers under paragraph (5), for the purposes of this subsection, the recovery of uranium from uranium bearing materials transferred or sold by the United States Government to the domestic uranium industry shall be the preferred method of making uranium available. The recovered uranium shall be counted against the annual maximum deliveries set forth in this section, when such uranium is sold to end users. (5) The United States Government may make the following sales and transfers: (A) Sales or transfers to a Federal agency if the material is transferred for the use of the receiving agency without any resale or transfer to another entity and the material does not meet commercial specifications. (B) Sales or transfers to any person for national security purposes, as determined by the Secretary. (C) Sales or transfers to any State or local agency or nonprofit, charitable, or educational institution for use other than the generation of electricity for commercial use. (D) Sales or transfers to the Department of Energy research reactor sales program. (E) Sales or transfers, at fair market value, for emergency purposes in the event of a disruption in supply to commercial nuclear power end users in the United States. (F) Sales or transfers, at fair market value, for use in a commercial reactor in the United States with nonstandard fuel requirements. (G) Sales or transfers provided for under law for use by the Tennessee Valley Authority in relation to the Department of Energy’s highly enriched uranium or tritium programs. (6) For purposes of this subsection, the term United States Government does not include the Tennessee Valley Authority. (e) Savings provision \nNothing in this subchapter modifies the terms of the Russian HEU Agreement. (f) Services \nNotwithstanding any other provision of this section, if the Secretary determines that the Corporation has failed, or may fail, to perform any obligation under the Agreement between the Department of Energy and the Corporation dated June 17, 2002, and as amended thereafter, which failure could result in termination of the Agreement, the Secretary shall notify Congress, in such a manner that affords Congress an opportunity to comment, prior to a determination by the Secretary whether termination, waiver, or modification of the Agreement is required. The Secretary is authorized to take such action as he determines necessary under the Agreement to terminate, waive, or modify provisions of the Agreement to achieve its purposes.. (b) Report \nNot later than 3 years after the date of enactment of this Act, the Secretary of Energy shall report to Congress on the implementation of this section. The report shall include a discussion of available excess uranium inventories; all sales or transfers made by the United States Government; the impact of such sales or transfers on the domestic uranium industry, the spot market uranium price, and the national security interests of the United States; and any steps taken to remediate any adverse impacts of such sales or transfers.", "id": "HD8031AE55E2241FA999F5CA70982D06B", "header": "Uranium sales" }, { "text": "631. Cooperative research and development and special demonstration projects for the uranium mining industry \n(a) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy $10,000,000 for each of fiscal years 2004, 2005, and 2006 for— (1) cooperative, cost-shared agreements between the Department of Energy and domestic uranium producers to identify, test, and develop improved in situ leaching mining technologies, including low-cost environmental restoration technologies that may be applied to sites after completion of in situ leaching operations; and (2) funding for competitively selected demonstration projects with domestic uranium producers relating to— (A) enhanced production with minimal environmental impacts; (B) restoration of well fields; and (C) decommissioning and decontamination activities. (b) Domestic uranium producer \nFor purposes of this section, the term domestic uranium producer has the meaning given that term in section 1018(4) of the Energy Policy Act of 1992 ( 42 U.S.C. 2296b–7(4) ), except that the term shall not include any producer that has not produced uranium from domestic reserves on or after July 30, 1998. (c) Limitation \nNo activities funded under this section may be carried out in the State of New Mexico.", "id": "HDA8761D965FF4A60A566C283F43E2221", "header": "Cooperative research and development and special demonstration projects for the uranium mining industry" }, { "text": "632. Whistleblower protection \n(a) Definition of employer \nSection 211(a)(2) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5851(a)(2) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and and (3) by adding at the end the following: (E) a contractor or subcontractor of the Commission.. (b) De novo review \nSubsection (b) of such section 211 is amended by adding at the end the following new paragraph: (4) If the Secretary has not issued a final decision within 540 days after the filing of a complaint under paragraph (1), and there is no showing that such delay is due to the bad faith of the person seeking relief under this paragraph, such person may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy..", "id": "H06B1667422DA450500F10006EE530D7", "header": "Whistleblower protection" }, { "text": "633. Medical isotope production \nSection 134 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160d ) is amended— (1) in subsection a., by striking a. The Commission and inserting a. In General.—Except as provided in subsection b., the Commission ; (2) by redesignating subsection b. as subsection c.; and (3) by inserting after subsection a. the following: b. Medical Isotope Production \n(1) Definitions \nIn this subsection: (A) Highly enriched uranium \nThe term highly enriched uranium means uranium enriched to include concentration of U–235 above 20 percent. (B) Medical isotope \nThe term medical isotope includes Molybdenum 99, Iodine 131, Xenon 133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic, therapeutic procedures or for research and development. (C) Radiopharmaceutical \nThe term radiopharmaceutical means a radioactive isotope that— (i) contains byproduct material combined with chemical or biological material; and (ii) is designed to accumulate temporarily in a part of the body for therapeutic purposes or for enabling the production of a useful image for use in a diagnosis of a medical condition. (D) Recipient country \nThe term recipient country means Canada, Belgium, France, Germany, and the Netherlands. (2) Licenses \nThe Commission may issue a license authorizing the export (including shipment to and use at intermediate and ultimate consignees specified in the license) to a recipient country of highly enriched uranium for medical isotope production if, in addition to any other requirements of this Act (except subsection a.), the Commission determines that— (A) a recipient country that supplies an assurance letter to the United States Government in connection with the consideration by the Commission of the export license application has informed the United States Government that any intermediate consignees and the ultimate consignee specified in the application are required to use the highly enriched uranium solely to produce medical isotopes; and (B) the highly enriched uranium for medical isotope production will be irradiated only in a reactor in a recipient country that— (i) uses an alternative nuclear reactor fuel; or (ii) is the subject of an agreement with the United States Government to convert to an alternative nuclear reactor fuel when alternative nuclear reactor fuel can be used in the reactor. (3) Review of physical protection requirements \n(A) In general \nThe Commission shall review the adequacy of physical protection requirements that, as of the date of an application under paragraph (2), are applicable to the transportation and storage of highly enriched uranium for medical isotope production or control of residual material after irradiation and extraction of medical isotopes. (B) Imposition of additional requirements \nIf the Commission determines that additional physical protection requirements are necessary (including a limit on the quantity of highly enriched uranium that may be contained in a single shipment), the Commission shall impose such requirements as license conditions or through other appropriate means. (4) First report to Congress \n(A) NAS study \nThe Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to determine— (i) the feasibility of procuring supplies of medical isotopes from commercial sources that do not use highly enriched uranium; (ii) the current and projected demand and availability of medical isotopes in regular current domestic use; (iii) the progress that is being made by the Department of Energy and others to eliminate all use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities; and (iv) the potential cost differential in medical isotope production in the reactors and target processing facilities if the products were derived from production systems that do not involve fuels and targets with highly enriched uranium. (B) Feasibility \nFor the purpose of this subsection, the use of low enriched uranium to produce medical isotopes shall be determined to be feasible if— (i) low enriched uranium targets have been developed and demonstrated for use in the reactors and target processing facilities that produce significant quantities of medical isotopes to serve United States needs for such isotopes; (ii) sufficient quantities of medical isotopes are available from low enriched uranium targets and fuel to meet United States domestic needs; and (iii) the average anticipated total cost increase from production of medical isotopes in such facilities without use of highly enriched uranium is less than 10 percent. (C) Report by the Secretary \nNot later than 5 years after the date of enactment of the Energy Policy Act of 2003, the Secretary shall submit to Congress a report that— (i) contains the findings of the National Academy of Sciences made in the study under subparagraph (A); and (ii) discloses the existence of any commitments from commercial producers to provide domestic requirements for medical isotopes without use of highly enriched uranium consistent with the feasibility criteria described in subparagraph (B) not later than the date that is 4 years after the date of submission of the report. (5) Second report to Congress \nIf the study of the National Academy of Sciences determines under paragraph (4)(A)(i) that the procurement of supplies of medical isotopes from commercial sources that do not use highly enriched uranium is feasible, but the Secretary is unable to report the existence of commitments under paragraph (4)(C)(ii), not later than the date that is 6 years after the date of enactment of the Energy Policy Act of 2003, the Secretary shall submit to Congress a report that describes options for developing domestic supplies of medical isotopes in quantities that are adequate to meet domestic demand without the use of highly enriched uranium consistent with the cost increase described in paragraph (4)(B)(iii). (6) Certification \nAt such time as commercial facilities that do not use highly enriched uranium are capable of meeting domestic requirements for medical isotopes, within the cost increase described in paragraph (4)(B)(iii) and without impairing the reliable supply of medical isotopes for domestic utilization, the Secretary shall submit to Congress a certification to that effect. (7) Sunset provision \nAfter the Secretary submits a certification under paragraph (6), the Commission shall, by rule, terminate its review of export license applications under this subsection..", "id": "H437CF1281E5A46348FA4AB8FAD137DC5", "header": "Medical isotope production" }, { "text": "634. Fernald byproduct material \nNotwithstanding any other law, the material in the concrete silos at the Fernald uranium processing facility managed on the date of enactment of this Act by the Department of Energy shall be considered byproduct material (as defined by section 11 e.(2) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(e)(2) )). The Department of Energy may dispose of the material in a facility regulated by the Nuclear Regulatory Commission or by an Agreement State. If the Department of Energy disposes of the material in such a facility, the Nuclear Regulatory Commission or the Agreement State shall regulate the material as byproduct material under that Act. This material shall remain subject to the jurisdiction of the Department of Energy until it is received at a commercial, Nuclear Regulatory Commission-licensed, or Agreement State-licensed facility, at which time the material shall be subject to the health and safety requirements of the Nuclear Regulatory Commission or the Agreement State with jurisdiction over the disposal site.", "id": "H69B2986468DD42ED935105B9FB10E518", "header": "Fernald byproduct material" }, { "text": "635. Safe disposal of greater-than-class c radioactive waste \n(a) Designation of responsibility \nThe Secretary of Energy shall designate an Office within the Department of Energy to have the responsibility for activities needed to develop a new, or use an existing, facility for safely disposing of all low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Nuclear Regulatory Commission for Class C radioactive waste (referred to in this section as GTCC waste ). (b) Comprehensive plan \nThe Secretary of Energy shall develop a comprehensive plan for permanent disposal of GTCC waste which includes plans for a disposal facility. This plan shall be transmitted to Congress in a series of reports, including the following: (1) Report on short-term plan \nNot later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a plan describing the Secretary’s operational strategy for continued recovery and storage of GTCC waste until a permanent disposal facility is available. (2) Update of 1987 report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to Congress an update of the Secretary’s February 1987 report submitted to Congress that made comprehensive recommendations for the disposal of GTCC waste. (B) Contents \nThe update under this paragraph shall contain— (i) a detailed description and identification of the GTCC waste that is to be disposed; (ii) a description of current domestic and international programs, both Federal and commercial, for management and disposition of GTCC waste; (iii) an identification of the Federal and private options and costs for the safe disposal of GTCC waste; (iv) an identification of the options for ensuring that, wherever possible, generators and users of GTCC waste bear all reasonable costs of waste disposal; (v) an identification of any new statutory authority required for disposal of GTCC waste; and (vi) in coordination with the Environmental Protection Agency and the Nuclear Regulatory Commission, an identification of any new regulatory guidance needed for the disposal of GTCC waste. (3) Report on cost and schedule for completion of environmental impact statement and record of decision \nNot later than 180 days after the date of submission of the update required under paragraph (2), the Secretary of Energy shall submit to Congress a report containing an estimate of the cost and schedule to complete a draft and final environmental impact statement and to issue a record of decision for a permanent disposal facility, utilizing either a new or existing facility, for GTCC waste.", "id": "HF8D12F0646DC4A569D49A8E21433F8BA", "header": "Safe disposal of greater-than-class c radioactive waste" }, { "text": "636. Prohibition on nuclear exports to countries that sponsor terrorism \n(a) In general \nSection 129 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2158 ) is amended— (1) by inserting a. before No nuclear materials and equipment ; and (2) by adding at the end the following new subsection: b. (1) Notwithstanding any other provision of law, including specifically section 121 of this Act, and except as provided in paragraphs (2) and (3), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of this Act and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List maintained under part 774 of title 15 of the Code of Federal Regulations, shall be exported or reexported, or transferred or retransferred whether directly or indirectly, and no Federal agency shall issue any license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of these items or assistance (as defined in this paragraph) to any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which has been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) to have repeatedly provided support for acts of international terrorism). (2) This subsection shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. (3) The President may waive the application of paragraph (1) to a country if the President determines and certifies to Congress that the waiver will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and— (A) the government of such country has not within the preceding 12-month period willfully aided or abetted the international proliferation of nuclear explosive devices to individuals or groups or willfully aided and abetted an individual or groups in acquiring unsafeguarded nuclear materials; (B) in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease its support for acts of international terrorism; (C) the waiver of that paragraph is in the vital national security interest of the United States; or (D) such a waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety.. (b) Applicability to exports approved for transfer but Not transferred \nSubsection b. of section 129 of Atomic Energy Act of 1954, as added by subsection (a) of this section, shall apply with respect to exports that have been approved for transfer as of the date of the enactment of this Act but have not yet been transferred as of that date.", "id": "HC4CAFDE65DD641968E39EFEBA0C45D36", "header": "Prohibition on nuclear exports to countries that sponsor terrorism" }, { "text": "637. Uranium enrichment facilities \n(a) Nuclear regulatory commission review of applications \n(1) In general \nIn order to facilitate a timely review and approval of an application in a proceeding for a license for the construction and operation of a uranium enrichment facility under sections 53 and 63 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 , 2093) (referred to in this subsection as a covered proceeding ), the Nuclear Regulatory Commission shall, not later than 30 days after the receipt of the application, establish, by order, the schedule for the conduct of any hearing that may be requested by any person whose interest may be affected by the covered proceeding. (2) Final agency decision \nThe schedule shall provide that a final decision by the Commission on the application shall be made not later than the date that is 2 years after the date of submission of the application by the applicant. (3) Compliance with schedule \n(A) In general \nThe Commission shall establish a process to assess compliance with the schedule established under paragraph (1) on an ongoing basis during the course of the review of the application, including ensuring compliance with schedules and milestones that are established for the conduct of any covered proceeding by the Atomic Safety and Licensing Board. (B) Report \nThe Commission shall submit to Congress on a bimonthly basis a report describing the status of compliance with the schedule established under paragraph (1), including a description of the status of actions required to be completed pursuant to the schedule by officers and employees of— (i) the Commission in undertaking the safety and environmental review of applications; and (ii) the Atomic Safety and Licensing Board in the conduct of any covered proceeding. (4) Environmental review \n(A) In general \nIn evaluating an application under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for licensing of a facility in a covered proceeding, the Commission shall limit the consideration of need to whether the licensing of the facility would advance the national interest of encouraging in the United States— (i) additional secure, reliable uranium enrichment capacity; (ii) diverse supplies and suppliers of uranium enrichment capacity; and (iii) the deployment of advanced centrifuge enrichment technology. (B) Comment \nIn carrying out subparagraph (A), the Commission shall consider and solicit the views of other affected Federal agencies. (C) Atomic safety and licensing board \n(i) In general \nExcept as provided in clause (ii), in any covered proceeding, the Commission shall allow the litigation and resolution by the Atomic Safety and Licensing Board of issues arising under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), on the basis of information submitted by the applicant in its environmental report, prior to publication of any required environmental impact statement. (ii) Exceptions \nOn the publication of any required environmental impact statement, issues may be proffered for resolution by the Atomic Safety and Licensing Board only if information or conclusions in the environmental impact statement differ significantly from the information or conclusions in the environmental report submitted by the applicant. (D) Environmental justice \nIn a covered proceeding, the Commission shall apply the criteria in Appendix C of the final report entitled Environmental Review Guidance for Licensing Actions Associated with NMSS Programs (NUREG-1748), published in August 2003, in any required review of environmental justice. (5) Low-level waste \nIn any covered proceeding, the Commission shall— (A) deem the obligation of the Secretary of Energy pursuant to section 3113 of the USEC Privitization Act (42 U.S.C. 2297 h-11) to constitute a plausible strategy with regard to the disposition of depleted uranium generated by such facility; and (B) treat any residual material that remains following the extraction of any usable resource value from depleted uranium as low-level radioactive waste under part 61 of title 10, Code of Federal Regulations. (6) Adjudicatory hearing on licensing of uranium enrichment facilities \nSection 193(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2243(b) ) is amended by striking paragraph (2) and inserting the following: (2) Timing \nOn the issuance of a final decision on the application by the Atomic Safety and Licensing Board, the Commission shall issue and make immediately effective any license for the construction and operation of a uranium enrichment facility under sections 53 and 63, on a determination by the Commission that the issuance of the license would not cause irreparable injury to the public health and safety or the common defense and security, notwithstanding the pendency before the Commission of any appeal or petition for review of any decision of the Atomic Safety and Licensing Board.. (b) Department of energy responsibilities \n(1) In general \nNot later than 180 days after a request is made to the Secretary of Energy by an applicant for or recipient of a license for a uranium enrichment facility under section 53, 63, or 193 of the Atomic Energy Act of 1954 (( 42 U.S.C. 2073 , 2093, 2243), the Secretary shall enter into a memorandum of agreement with the applicant or licensee that provides a schedule for the transfer to the Secretary, not later than 5 years after the generation of any depleted uranium hexafluoride, of title and possession of the depleted uranium hexafluoride to be generated by the applicant or licensee. (2) Cost \n(A) In general \nSubject to subparagraphs (B) and (C), the memorandum of agreement shall specify the cost to be assessed by the Secretary for the transfer to the Secretary of the depleted uranium hexafluoride. (B) Nondiscriminatory basis \nThe cost shall be determined by the Secretary on a nondiscriminatory basis. (C) Cost \nTaking into account the physical and chemical characteristics of such depleted uranium hexafluoride, the cost shall not exceed the cost assessed by the Secretary for the acceptance of depleted uranium hexafluoride under— (i) the memorandum of agreement between the United States Department of Energy and the United States Enrichment Corporation Relating to Depleted Uranium, dated June 30, 1998; and (ii) the Agreement Between the U.S. Department of Energy and USEC Inc., dated June 17, 2002.", "id": "HA116AC3360B848B900B9CBCAE06BFE2", "header": "Uranium enrichment facilities" }, { "text": "638. National uranium stockpile \n(a) Stockpile creation \nThe Secretary of Energy may create a national low-enriched uranium stockpile with the goals to— (1) enhance national energy security; and (2) reduce global proliferation threats. (b) Source of material \nThe Secretary shall obtain material for the stockpile from— (1) material derived from blend-down of Russian highly enriched uranium derived from weapons materials; and (2) domestically mined and enriched uranium. (c) Limitation on sales or transfers \nSales or transfer of materials in the stockpile shall occur pursuant to section 3112 of the USEC Privitization Act ( 42 U.S.C. 2297h–10 ), as amended by section 630 of this Act.", "id": "H95CCCFEA69D24B99ABE25CF9E414CDA7", "header": "National uranium stockpile" }, { "text": "651. Project establishment \nThe Secretary of Energy (in this subtitle referred to as the Secretary ) is directed to establish an Advanced Reactor Hydrogen Cogeneration Project.", "id": "HA5750DBB0EE342E08438E1F4DD477FD", "header": "Project establishment" }, { "text": "652. Project definition \nThe project shall consist of the research, development, design, construction, and operation of a hydrogen production cogeneration research facility that, relative to the current commercial reactors, enhances safety features, reduces waste production, enhances thermal efficiencies, increases proliferation resistance, and has the potential for improved economics and physical security in reactor siting. This facility shall be constructed so as to enable research and development on advanced reactors of the type selected and on alternative approaches for reactor-based production of hydrogen.", "id": "H68C003D2B2724266ABE02B9CFBFE2082", "header": "Project definition" }, { "text": "653. Project management \n(a) Management \nThe project shall be managed within the Department by the Office of Nuclear Energy, Science, and Technology. (b) Lead laboratory \nThe lead laboratory for the project, providing the site for the reactor construction, shall be the Idaho National Engineering and Environmental Laboratory (in this subtitle referred to as INEEL ). (c) Steering committee \nThe Secretary shall establish a national steering committee with membership from the national laboratories, universities, and industry to provide advice to the Secretary and the Director of the Office of Nuclear Energy, Science, and Technology on technical and program management aspects of the project. (d) Collaboration \nProject activities shall be conducted at INEEL, other national laboratories, universities, domestic industry, and international partners.", "id": "HF833299304E24C4A8E87D900004E0076", "header": "Project management" }, { "text": "654. Project requirements \n(a) Research and development \n(1) In general \nThe project shall include planning, research and development, design, and construction of an advanced, next-generation, nuclear energy system suitable for enabling further research and development on advanced reactor technologies and alternative approaches for reactor-based generation of hydrogen. (2) Reactor test capabilities at ineel \nThe project shall utilize, where appropriate, extensive reactor test capabilities resident at INEEL. (3) Alternatives \nThe project shall be designed to explore technical, environmental, and economic feasibility of alternative approaches for reactor-based hydrogen production. (4) Industrial lead \nThe industrial lead for the project shall be a company incorporated in the United States. (b) International collaboration \n(1) In general \nThe Secretary shall seek international cooperation, participation, and financial contribution in this project. (2) Assistance from international partners \nThe Secretary may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners where such specialists or facilities provide access to cost-effective and relevant skills or test capabilities. (3) Generation iv international forum \nInternational activities shall be coordinated with the Generation IV International Forum. (4) Generation iv nuclear energy systems program \nThe Secretary may combine this project with the Generation IV Nuclear Energy Systems Program. (c) Demonstration \nThe overall project, which may involve demonstration of selected project objectives in a partner nation, must demonstrate both electricity and hydrogen production and may provide flexibility, where technically and economically feasible in the design and construction, to enable tests of alternative reactor core and cooling configurations. (d) Partnerships \nThe Secretary shall establish cost-shared partnerships with domestic industry or international participants for the research, development, design, construction, and operation of the research facility, and preference in determining the final project structure shall be given to an overall project which retains United States leadership while maximizing cost sharing opportunities and minimizing Federal funding responsibilities. (e) Target date \nThe Secretary shall select technologies and develop the project to provide initial testing of either hydrogen production or electricity generation by 2010, or provide a report to Congress explaining why this date is not feasible. (f) Waiver of construction timelines \nThe Secretary is authorized to conduct the Advanced Reactor Hydrogen Cogeneration Project without the constraints of DOE Order 413.3, relating to program and project management for the acquisition of capital assets, as necessary to meet the specified operational date. (g) Competition \nThe Secretary may fund up to 2 teams for up to 1 year to develop detailed proposals for competitive evaluation and selection of a single proposal and concept for further progress. The Secretary shall define the format of the competitive evaluation of proposals. (h) Use of facilities \nResearch facilities in industry, national laboratories, or universities either within the United States or with cooperating international partners may be used to develop the enabling technologies for the research facility. Utilization of domestic university-based facilities shall be encouraged to provide educational opportunities for student development. (i) Role of nuclear regulatory commission \n(1) In general \nThe Nuclear Regulatory Commission shall have licensing and regulatory authority for any reactor authorized under this subtitle, pursuant to section 202 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5842 ). (2) Risk-based criteria \nThe Secretary shall seek active participation of the Nuclear Regulatory Commission throughout the project to develop risk-based criteria for any future commercial development of a similar reactor architecture. (j) Report \nThe Secretary shall develop and transmit to Congress a comprehensive project plan not later than April 30, 2004. The project plan shall be updated annually with each annual budget submission.", "id": "H1DEB580E70484ADB905F29BDFADDE100", "header": "Project requirements" }, { "text": "655. Authorization of appropriations \n(a) Research, development, and design programs \nThe following sums are authorized to be appropriated to the Secretary for all activities under this subtitle except for construction activities described in subsection (b): (1) For fiscal year 2004, $35,000,000. (2) For each of fiscal years 2005 through 2008, $150,000,000. (3) For fiscal years beyond 2008, such sums as are necessary. (b) Construction \nThere are authorized to be appropriated to the Secretary for all project-related construction activities, to be available until expended, $500,000,000.", "id": "H2D2E896D747F45A2A96DA811CDA8CE00", "header": "Authorization of appropriations" }, { "text": "661. Nuclear facility threats \n(a) Study \nThe President, in consultation with the Nuclear Regulatory Commission (referred to in this subtitle as the Commission ) and other appropriate Federal, State, and local agencies and private entities, shall conduct a study to identify the types of threats that pose an appreciable risk to the security of the various classes of facilities licensed by the Commission under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). Such study shall take into account, but not be limited to— (1) the events of September 11, 2001; (2) an assessment of physical, cyber, biochemical, and other terrorist threats; (3) the potential for attack on facilities by multiple coordinated teams of a large number of individuals; (4) the potential for assistance in an attack from several persons employed at the facility; (5) the potential for suicide attacks; (6) the potential for water-based and air-based threats; (7) the potential use of explosive devices of considerable size and other modern weaponry; (8) the potential for attacks by persons with a sophisticated knowledge of facility operations; (9) the potential for fires, especially fires of long duration; (10) the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals; (11) the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a terrorist attack against a nuclear facility; and (12) the potential for theft and diversion of nuclear materials from such facilities. (b) Summary and classification report \nNot later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress and the Commission a report— (1) summarizing the types of threats identified under subsection (a); and (2) classifying each type of threat identified under subsection (a), in accordance with existing laws and regulations, as either— (A) involving attacks and destructive acts, including sabotage, directed against the facility by an enemy of the United States, whether a foreign government or other person, or otherwise falling under the responsibilities of the Federal Government; or (B) involving the type of risks that Commission licensees should be responsible for guarding against. (c) Federal action report \nNot later than 90 days after the date on which a report is transmitted under subsection (b), the President shall transmit to Congress a report on actions taken, or to be taken, to address the types of threats identified under subsection (b)(2)(A), including identification of the Federal, State, and local agencies responsible for carrying out the obligations and authorities of the United States. Such report may include a classified annex, as appropriate. (d) Regulations \nNot later than 180 days after the date on which a report is transmitted under subsection (b), the Commission may revise, by rule, the design basis threats issued before the date of enactment of this section as the Commission considers appropriate based on the summary and classification report. (e) Physical security program \nThe Commission shall establish an operational safeguards response evaluation program that ensures that the physical protection capability and operational safeguards response for sensitive nuclear facilities, as determined by the Commission consistent with the protection of public health and the common defense and security, shall be tested periodically through Commission approved or designed, observed, and evaluated force-on-force exercises to determine whether the ability to defeat the design basis threat is being maintained. For purposes of this subsection, the term sensitive nuclear facilities includes at a minimum commercial nuclear power plants and category I fuel cycle facilities. (f) Control of information \nNotwithstanding any other provision of law, the Commission may undertake any rulemaking under this subtitle in a manner that will fully protect safeguards and classified national security information. (g) Federal security coordinators \n(1) Regional offices \nNot later than 18 months after the date of enactment of this Act, the Commission shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission. (2) Responsibilities \nThe Federal security coordinator shall be responsible for— (A) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against such classes of facilities as the Commission determines to be appropriate; (B) ensuring that such classes of facilities as the Commission determines to be appropriate maintain security consistent with the security plan in accordance with the appropriate threat level; and (C) assisting in the coordination of security measures among the private security forces at such classes of facilities as the Commission determines to be appropriate and Federal, State, and local authorities, as appropriate. (h) Training program \nThe President shall establish a program to provide technical assistance and training to Federal agencies, the National Guard, and State and local law enforcement and emergency response agencies in responding to threats against a designated nuclear facility.", "id": "HFB9C3262BD024CD48BB40041756C01C6", "header": "Nuclear facility threats" }, { "text": "662. Fingerprinting for criminal history record checks \n(a) In general \nSubsection a. of section 149 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2169(a) ) is amended— (1) by striking a. The Nuclear and all that follows through section 147. and inserting the following: a. In general \n(1) Requirements \n(A) In general \nThe Commission shall require each individual or entity— (i) that is licensed or certified to engage in an activity subject to regulation by the Commission; (ii) that has filed an application for a license or certificate to engage in an activity subject to regulation by the Commission; or (iii) that has notified the Commission, in writing, of an intent to file an application for licensing, certification, permitting, or approval of a product or activity subject to regulation by the Commission, to fingerprint each individual described in subparagraph (B) before the individual is permitted unescorted access or access, whichever is applicable, as described in subparagraph (B). (B) Individuals required to be fingerprinted \nThe Commission shall require to be fingerprinted each individual who— (i) is permitted unescorted access to— (I) a utilization facility; or (II) radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks; or (ii) is permitted access to safeguards information under section 147. ; (2) by striking All fingerprints obtained by a licensee or applicant as required in the preceding sentence and inserting the following: (2) Submission to the Attorney General \nAll fingerprints obtained by an individual or entity as required in paragraph (1) ; (3) by striking The costs of any identification and records check conducted pursuant to the preceding sentence shall be paid by the licensee or applicant. and inserting the following: (3) Costs \nThe costs of any identification and records check conducted pursuant to paragraph (1) shall be paid by the individual or entity required to conduct the fingerprinting under paragraph (1)(A). ; and (4) by striking Notwithstanding any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in accordance with regulations prescribed under this section, the Commission may provide such results to licensee or applicant submitting such fingerprints. and inserting the following: (4) Provision to individual or entity required to conduct fingerprinting \nNotwithstanding any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in accordance with regulations prescribed under this section, the Commission may provide such results to the individual or entity required to conduct the fingerprinting under paragraph (1)(A).. (b) Administration \nSubsection c. of section 149 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2169(c) ) is amended— (1) by striking , subject to public notice and comment, regulations— and inserting requirements— ; and (2) by striking, in paragraph (2)(B), unescorted access to the facility of a licensee or applicant and inserting unescorted access to a utilization facility, radioactive material, or other property described in subsection a.(1)(B). (c) Biometric methods \nSubsection d. of section 149 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2169(d) ) is redesignated as subsection e., and the following is inserted after subsection c.: d. Use of other biometric methods \nThe Commission may satisfy any requirement for a person to conduct fingerprinting under this section using any other biometric method for identification approved for use by the Attorney General, after the Commission has approved the alternative method by rule..", "id": "HB43C143B763A43D6B7AF1B51C4DA3CC5", "header": "Fingerprinting for criminal history record checks" }, { "text": "663. Use of firearms by security personnel of licensees and certificate holders of the commission \nSection 161 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201 ) is amended by adding at the end the following subsection: (z) (1) notwithstanding section 922(o), (v), and (w) of title 18, United States Code, or any similar provision of any State law or any similar rule or regulation of a State or any political subdivision of a State prohibiting the transfer or possession of a handgun, a rifle or shotgun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for the foregoing, or a large capacity ammunition feeding device, authorize security personnel of licensees and certificate holders of the Commission (including employees of contractors of licensees and certificate holders) to receive, possess, transport, import, and use 1 or more of those weapons, ammunition, or devices, if the Commission determines that— (A) such authorization is necessary to the discharge of the security personnel’s official duties; and (B) the security personnel— (i) are not otherwise prohibited from possessing or receiving a firearm under Federal or State laws pertaining to possession of firearms by certain categories of persons; (ii) have successfully completed requirements established through guidelines implementing this subsection for training in use of firearms and tactical maneuvers; (iii) are engaged in the protection of— (I) facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission; or (II) radioactive material or other property owned or possessed by a person that is a licensee or certificate holder of the Commission, or that is being transported to or from a facility owned or operated by such a licensee or certificate holder, and that has been determined by the Commission to be of significance to the common defense and security or public health and safety; and (iv) are discharging their official duties. (2) Such receipt, possession, transportation, importation, or use shall be subject to— (A) chapter 44 of title 18, United States Code, except for section 922(a)(4), (o), (v), and (w); (B) chapter 53 of title 26, United States Code, except for section 5844; and (C) a background check by the Attorney General, based on fingerprints and including a check of the system established under section 103(b) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) to determine whether the person applying for the authority is prohibited from possessing or receiving a firearm under Federal or State law. (3) This subsection shall become effective upon the issuance of guidelines by the Commission, with the approval of the Attorney General, to govern the implementation of this subsection. (4) In this subsection, the terms handgun , rifle , shotgun , firearm , ammunition , machinegun , semiautomatic assault weapon , large capacity ammunition feeding device , short-barreled shotgun , and short-barreled rifle shall have the meanings given those terms in section 921(a) of title 18, United States Code..", "id": "HDF68CD9B1B0947CF96218F00A5DEC283", "header": "Use of firearms by security personnel of licensees and certificate holders of the commission" }, { "text": "664. Unauthorized introduction of dangerous weapons \nSection 229 a. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2278a(a) ) is amended in the first sentence by inserting or subject to the licensing authority of the Commission or to certification by the Commission under this Act or any other Act before the period at the end.", "id": "H8B2C71EDDF3E41AA8DC0214E1634E3DE", "header": "Unauthorized introduction of dangerous weapons" }, { "text": "665. Sabotage of nuclear facilities or fuel \n(a) In general \nSection 236 a. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284(a) ) is amended— (1) in paragraph (2), by striking storage facility and inserting storage, treatment, or disposal facility ; (2) in paragraph (3)— (A) by striking such a utilization facility and inserting a utilization facility licensed under this Act ; and (B) by striking or at the end; (3) in paragraph (4)— (A) by striking facility licensed and inserting , uranium conversion, or nuclear fuel fabrication facility licensed or certified ; and (B) by striking the comma at the end and inserting a semicolon; and (4) by inserting after paragraph (4) the following: (5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this Act during construction of the facility, if the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility; (6) any primary facility or backup facility from which a radiological emergency preparedness alert and warning system is activated; or (7) any radioactive material or other property subject to regulation by the Nuclear Regulatory Commission that, before the date of the offense, the Nuclear Regulatory Commission determines, by order or regulation published in the Federal Register, is of significance to the public health and safety or to common defense and security,. (b) Penalties \nSection 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284 ) is amended by striking $10,000 or imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life both places it appears and inserting $1,000,000 or imprisoned for up to life without parole.", "id": "H87D6B05721E449E38C9BD12307B59095", "header": "Sabotage of nuclear facilities or fuel" }, { "text": "666. Secure transfer of nuclear materials \n(a) Amendment \nChapter 14 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201–2210b ) is amended by adding at the end the following new section: 170C. Secure transfer of nuclear materials \na. The Nuclear Regulatory Commission shall establish a system to ensure that materials described in subsection b., when transferred or received in the United States by any party pursuant to an import or export license issued pursuant to this Act, are accompanied by a manifest describing the type and amount of materials being transferred or received. Each individual receiving or accompanying the transfer of such materials shall be subject to a security background check conducted by appropriate Federal entities. b. Except as otherwise provided by the Commission by regulation, the materials referred to in subsection a. are byproduct materials, source materials, special nuclear materials, high-level radioactive waste, spent nuclear fuel, transuranic waste, and low-level radioactive waste (as defined in section 2(16) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(16) )).. (b) Regulations \nNot later than 1 year after the date of the enactment of this Act, and from time to time thereafter as it considers necessary, the Nuclear Regulatory Commission shall issue regulations identifying radioactive materials or classes of individuals that, consistent with the protection of public health and safety and the common defense and security, are appropriate exceptions to the requirements of section 170C of the Atomic Energy Act of 1954, as added by subsection (a) of this section. (c) Effective date \nThe amendment made by subsection (a) shall take effect upon the issuance of regulations under subsection (b), except that the background check requirement shall become effective on a date established by the Commission. (d) Effect on other law \nNothing in this section or the amendment made by this section shall waive, modify, or affect the application of chapter 51 of title 49, United States Code, part A of subtitle V of title 49, United States Code, part B of subtitle VI of title 49, United States Code, and title 23, United States Code. (e) Table of sections amendment \nThe table of sections for chapter 14 of the Atomic Energy Act of 1954 is amended by adding at the end the following new item: Sec. 170C. Secure transfer of nuclear materials.", "id": "H6721B93DC7284D1FBADC8DA6E9D5F677", "header": "Secure transfer of nuclear materials" }, { "text": "170C. Secure transfer of nuclear materials \na. The Nuclear Regulatory Commission shall establish a system to ensure that materials described in subsection b., when transferred or received in the United States by any party pursuant to an import or export license issued pursuant to this Act, are accompanied by a manifest describing the type and amount of materials being transferred or received. Each individual receiving or accompanying the transfer of such materials shall be subject to a security background check conducted by appropriate Federal entities. b. Except as otherwise provided by the Commission by regulation, the materials referred to in subsection a. are byproduct materials, source materials, special nuclear materials, high-level radioactive waste, spent nuclear fuel, transuranic waste, and low-level radioactive waste (as defined in section 2(16) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(16) )).", "id": "HFBE4D2CC57B9475493507CACC2F2F185", "header": "Secure transfer of nuclear materials" }, { "text": "667. Department of homeland security consultation \nBefore issuing a license for a utilization facility, the Nuclear Regulatory Commission shall consult with the Department of Homeland Security concerning the potential vulnerabilities of the location of the proposed facility to terrorist attack.", "id": "H28DDDCA30168461E97BA541EF41B31DB", "header": "Department of homeland security consultation" }, { "text": "668. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle. (b) Aggregate amount of charges \nSection 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of 1990 ( 42 U.S.C. 2214(c)(2)(A) ) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting ; and and (3) by adding at the end the following: (iii) amounts appropriated to the Commission for homeland security activities of the Commission for the fiscal year, except for the costs of fingerprinting and background checks required by section 149 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2169 ) and the costs of conducting security inspections..", "id": "HBCCEF843C22F49839CFBA641B46900F3", "header": "Authorization of appropriations" }, { "text": "701. Use of alternative fuels by dual-fueled vehicles \nSection 400AA(a)(3)(E) of the Energy Policy and Conservation Act ( 42 U.S.C. 6374(a)(3)(E) ) is amended to read as follows: (E) (i) Dual fueled vehicles acquired pursuant to this section shall be operated on alternative fuels unless the Secretary determines that an agency qualifies for a waiver of such requirement for vehicles operated by the agency in a particular geographic area in which— (I) the alternative fuel otherwise required to be used in the vehicle is not reasonably available to retail purchasers of the fuel, as certified to the Secretary by the head of the agency; or (II) the cost of the alternative fuel otherwise required to be used in the vehicle is unreasonably more expensive compared to gasoline, as certified to the Secretary by the head of the agency. (ii) The Secretary shall monitor compliance with this subparagraph by all such fleets and shall report annually to Congress on the extent to which the requirements of this subparagraph are being achieved. The report shall include information on annual reductions achieved from the use of petroleum-based fuels and the problems, if any, encountered in acquiring alternative fuels..", "id": "H50F6D0E13E4244059F4EC419004925CF", "header": "Use of alternative fuels by dual-fueled vehicles" }, { "text": "702. Neighborhood electric vehicles \n(a) Amendments \nSection 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 ) is amended— (1) in paragraph (3), by striking or a dual fueled vehicle and inserting , a dual fueled vehicle, or a neighborhood electric vehicle ; (2) in paragraph (13), by striking and at the end; (3) in paragraph (14), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (15) the term neighborhood electric vehicle means a motor vehicle that— (A) meets the definition of a low-speed vehicle (as defined in part 571 of title 49, Code of Federal Regulations); (B) meets the definition of a zero-emission vehicle (as defined in section 86.1702–99 of title 40, Code of Federal Regulations); (C) meets the requirements of Federal Motor Vehicle Safety Standard No. 500; and (D) has a maximum speed of not greater than 25 miles per hour.. (b) Credits \nNotwithstanding section 508 of the Energy Policy Act of 1992 ( 42 U.S.C. 13258 ) or any other provision of law, a neighborhood electric vehicle shall not be allocated credit as more than 1 vehicle for purposes of determining compliance with any requirement under title III or title V of such Act.", "id": "HDD78653C34AC4CC694F7120043CB2323", "header": "Neighborhood electric vehicles" }, { "text": "703. Credits for medium and heavy duty dedicated vehicles \nSection 508 of the Energy Policy Act of 1992 ( 42 U.S.C. 13258 ) is amended by adding at the end the following: (e) Credit for purchase of medium and heavy duty dedicated vehicles \n(1) Definitions \nIn this subsection: (A) Heavy duty dedicated vehicle \nThe term heavy duty dedicated vehicle means a dedicated vehicle that has a gross vehicle weight rating of more than 14,000 pounds. (B) Medium duty dedicated vehicle \nThe term medium duty dedicated vehicle means a dedicated vehicle that has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds. (2) Credits for medium duty vehicles \nThe Secretary shall issue 2 full credits to a fleet or covered person under this title, if the fleet or covered person acquires a medium duty dedicated vehicle. (3) Credits for heavy duty vehicles \nThe Secretary shall issue 3 full credits to a fleet or covered person under this title, if the fleet or covered person acquires a heavy duty dedicated vehicle. (4) Use of credits \nAt the request of a fleet or covered person allocated a credit under this subsection, the Secretary shall, for the year in which the acquisition of the dedicated vehicle is made, treat that credit as the acquisition of 1 alternative fueled vehicle that the fleet or covered person is required to acquire under this title..", "id": "H28B9D06E4834483B978F5F7F009DD9F3", "header": "Credits for medium and heavy duty dedicated vehicles" }, { "text": "704. Incremental cost allocation \nSection 303(c) of the Energy Policy Act of 1992 ( 42 U.S.C. 13212(c) ) is amended by striking may and inserting shall.", "id": "H0B6C4F6266944AD8A1322BB065CE1C27", "header": "Incremental cost allocation" }, { "text": "705. Alternative compliance and flexibility \n(a) Alternative compliance \n(1) In general \nTitle V of the Energy Policy Act of 1992 ( 42 U.S.C. 13251 et seq. ) is amended— (A) by redesignating section 514 as section 515; and (B) by inserting after section 513 the following: 514. Alternative compliance \n(a) Application for waiver \nAny covered person subject to section 501 and any State subject to section 507(o) may petition the Secretary for a waiver of the applicable requirements of section 501 or 507(o). (b) Grant of waiver \nThe Secretary may grant a waiver of the requirements of section 501 or 507(o) upon a showing that the fleet owned, operated, leased, or otherwise controlled by the State or covered person— (1) will achieve a reduction in its annual consumption of petroleum fuels equal to the reduction in consumption of petroleum that would result from 100 percent compliance with fuel use requirements in section 501, or, for entities covered under section 507(o), a reduction equal to the covered State entity’s consumption of alternative fuels if all its alternative fuel vehicles given credit under section 508 were to use alternative fuel 100 percent of the time; and (2) is in compliance with all applicable vehicle emission standards established by the Administrator under the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (c) Revocation of waiver \nThe Secretary shall revoke any waiver granted under this section if the State or covered person fails to comply with subsection (b).. (2) Table of contents amendment \nThe table of contents of the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended by striking the item relating to section 514 and inserting the following: Sec. 514. Alternative compliance Sec. 515. Authorization of appropriations. (b) Credits \nSection 508 of the Energy Policy Act of 1992 ( 42 U.S.C. 13258 ) (as amended by section 703) is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) by striking subsection (a) and inserting the following: (a) In general \nThe Secretary shall allocate a credit to a fleet or covered person that is required to acquire an alternative fueled vehicle under this title, if that fleet or person acquires an alternative fueled vehicle— (1) in excess of the number that fleet or person is required to acquire under this title; (2) before the date on which that fleet or person is required to acquire an alternative fueled vehicle under this title; or (3) that is eligible to receive credit under subsection (b). (b) Maximum available power \nThe Secretary shall allocate credit to a fleet under subsection (a)(3) for the acquisition by the fleet of a hybrid vehicle as follows: (1) For a hybrid vehicle with at least 4 percent but less than 10 percent maximum available power, the Secretary shall allocate 25 percent of 1 credit. (2) For a hybrid vehicle with at least 10 percent but less than 20 percent maximum available power, the Secretary shall allocate 50 percent of 1 credit. (3) For a hybrid vehicle with at least 20 percent but less than 30 percent maximum available power, the Secretary shall allocate 75 percent of 1 credit. (4) For a hybrid vehicle with 30 percent or more maximum available power, the Secretary shall allocate 1 credit. ; and (3) by adding at the end the following: (g) Credit for investment in alternative fuel infrastructure \n(1) Definition of qualifying infrastructure \nIn this subsection, the term qualifying infrastructure means— (A) equipment required to refuel or recharge alternative fueled vehicles; (B) facilities or equipment required to maintain, repair, or operate alternative fueled vehicles; and (C) such other activities as the Secretary considers to constitute an appropriate expenditure in support of the operation, maintenance, or further widespread adoption of or utilization of alternative fueled vehicles. (2) Issuance of credits \nThe Secretary shall issue a credit to a fleet or covered person under this title for investment in qualifying infrastructure if the qualifying infrastructure is open to the general public during regular business hours. (3) Amount \nFor the purpose of credits under this subsection— (A) 1 credit shall be equal to a minimum investment of $25,000 in cash or equivalent expenditure, as determined by the Secretary; and (B) except in the case of a Federal or State fleet, no part of the investment may be provided by Federal or State funds. (4) Use of credits \nAt the request of a fleet or covered person allocated a credit under this subsection, the Secretary shall, for the year in which the investment is made, treat that credit as the acquisition of 1 alternative fueled vehicle that the fleet or covered person is required to acquire under this title. (h) Definition of maximum available power \nIn this section, the term maximum available power means the quotient obtained by dividing— (1) the maximum power available from the energy storage device of a hybrid vehicle, during a standard 10-second pulse power or equivalent test; by (2) the sum of— (A) the maximum power described in subparagraph (A); and (B) the net power of the internal combustion or heat engine, as determined in accordance with standards established by the Society of Automobile Engineers.. (c) Lease condensate fuels \nSection 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 ) (as amended by section 702) is amended— (1) in paragraph (2), by inserting mixtures containing 50 percent or more by volume of lease condensate or fuels extracted from lease condensate; after liquefied petroleum gas; ; (2) in paragraph (14)— (A) by inserting mixtures containing 50 percent or more by volume of lease condensate or fuels extracted from lease condensate, after liquefied petroleum gas, ; and (B) by striking and at the end; (3) in paragraph (15), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (16) the term lease condensate means a mixture, primarily of pentanes and heavier hydrocarbons, that is recovered as a liquid from natural gas in lease separation facilities.. (d) Lease condensate use credits \n(1) In general \nTitle III of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 et seq. ) is amended by adding at the end the following: 313. Lease condensate use credits \n(a) In general \nSubject to subsection (d), the Secretary shall allocate 1 credit under this section to a fleet or covered person for each qualifying volume of the lease condensate component of fuel containing at least 50 percent lease condensate, or fuels extracted from lease condensate, after the date of enactment of this section for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. (b) Requirements \nA credit allocated under this section— (1) shall be subject to the same exceptions, authority, documentation, and use of credits that are specified for qualifying volumes of biodiesel in section 312; and (2) shall not be considered a credit under section 508. (c) Regulation \n(1) In general \nSubject to subsection (d), not later than January 1, 2004, after the collection of appropriate information and data that consider usage options, uses in other industries, products, or processes, potential volume capacities, costs, air emissions, and fuel efficiencies, the Secretary shall issue a regulation establishing requirements and procedures for the implementation of this section. (2) Qualifying volume \nThe regulation shall include a determination of an appropriate qualifying volume for lease condensate, except that in no case shall the Secretary determine that the qualifying volume for lease condensate is less than 1,125 gallons. (d) Applicability \nThis section applies unless the Secretary finds that the use of lease condensate as an alternative fuel would adversely affect public health or safety or ambient air quality or the environment.. (2) Table of contents amendment \nThe table of contents of the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended by adding at the end of the items relating to title III the following: Sec. 313. Lease condensate use credits. (e) Emergency exemption \nSection 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 ) (as amended by section 702 and this section) is amended in paragraph (9)(E) by inserting before the semicolon at the end , including vehicles directly used in the emergency repair of transmission lines and in the restoration of electricity service following power outages, as determined by the Secretary.", "id": "H8B15B231B3854D86A426E0BB778BCF5E", "header": "Alternative compliance and flexibility" }, { "text": "514. Alternative compliance \n(a) Application for waiver \nAny covered person subject to section 501 and any State subject to section 507(o) may petition the Secretary for a waiver of the applicable requirements of section 501 or 507(o). (b) Grant of waiver \nThe Secretary may grant a waiver of the requirements of section 501 or 507(o) upon a showing that the fleet owned, operated, leased, or otherwise controlled by the State or covered person— (1) will achieve a reduction in its annual consumption of petroleum fuels equal to the reduction in consumption of petroleum that would result from 100 percent compliance with fuel use requirements in section 501, or, for entities covered under section 507(o), a reduction equal to the covered State entity’s consumption of alternative fuels if all its alternative fuel vehicles given credit under section 508 were to use alternative fuel 100 percent of the time; and (2) is in compliance with all applicable vehicle emission standards established by the Administrator under the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (c) Revocation of waiver \nThe Secretary shall revoke any waiver granted under this section if the State or covered person fails to comply with subsection (b).", "id": "H37ABF4E5A02F488983643BDBE3D73210", "header": "Alternative compliance" }, { "text": "313. Lease condensate use credits \n(a) In general \nSubject to subsection (d), the Secretary shall allocate 1 credit under this section to a fleet or covered person for each qualifying volume of the lease condensate component of fuel containing at least 50 percent lease condensate, or fuels extracted from lease condensate, after the date of enactment of this section for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. (b) Requirements \nA credit allocated under this section— (1) shall be subject to the same exceptions, authority, documentation, and use of credits that are specified for qualifying volumes of biodiesel in section 312; and (2) shall not be considered a credit under section 508. (c) Regulation \n(1) In general \nSubject to subsection (d), not later than January 1, 2004, after the collection of appropriate information and data that consider usage options, uses in other industries, products, or processes, potential volume capacities, costs, air emissions, and fuel efficiencies, the Secretary shall issue a regulation establishing requirements and procedures for the implementation of this section. (2) Qualifying volume \nThe regulation shall include a determination of an appropriate qualifying volume for lease condensate, except that in no case shall the Secretary determine that the qualifying volume for lease condensate is less than 1,125 gallons. (d) Applicability \nThis section applies unless the Secretary finds that the use of lease condensate as an alternative fuel would adversely affect public health or safety or ambient air quality or the environment.", "id": "H8CF11B8EB528437084C075DDAC70569D", "header": "Lease condensate use credits" }, { "text": "706. Review of Energy Policy Act of 1992 programs \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary of Energy shall complete a study to determine the effect that titles III, IV, and V of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 et seq. ) have had on— (1) the development of alternative fueled vehicle technology; (2) the availability of that technology in the market; and (3) the cost of alternative fueled vehicles. (b) Topics \nAs part of the study under subsection (a), the Secretary shall specifically identify— (1) the number of alternative fueled vehicles acquired by fleets or covered persons required to acquire alternative fueled vehicles; (2) the quantity, by type, of alternative fuel actually used in alternative fueled vehicles acquired by fleets or covered persons; (3) the quantity of petroleum displaced by the use of alternative fuels in alternative fueled vehicles acquired by fleets or covered persons; (4) the direct and indirect costs of compliance with requirements under titles III, IV, and V of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 et seq. ), including— (A) vehicle acquisition requirements imposed on fleets or covered persons; (B) administrative and recordkeeping expenses; (C) fuel and fuel infrastructure costs; (D) associated training and employee expenses; and (E) any other factors or expenses the Secretary determines to be necessary to compile reliable estimates of the overall costs and benefits of complying with programs under those titles for fleets, covered persons, and the national economy; (5) the existence of obstacles preventing compliance with vehicle acquisition requirements and increased use of alternative fuel in alternative fueled vehicles acquired by fleets or covered persons; and (6) the projected impact of amendments to the Energy Policy Act of 1992 made by this title. (c) Report \nUpon completion of the study under this section, the Secretary shall submit to Congress a report that describes the results of the study and includes any recommendations of the Secretary for legislative or administrative changes concerning the alternative fueled vehicle requirements under titles III, IV and V of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 et seq. ).", "id": "HB124102E2962461A9574C9C39BDF2797", "header": "Review of Energy Policy Act of 1992 programs" }, { "text": "707. Report concerning compliance with alternative fueled vehicle purchasing requirements \nSection 310(b)(1) of the Energy Policy Act of 1992 ( 42 U.S.C. 13218(b)(1) ) is amended by striking 1 year after the date of enactment of this subsection and inserting February 15, 2004.", "id": "H21A06C48E57D4D28A43056B83FA950F", "header": "Report concerning compliance with alternative fueled vehicle purchasing requirements" }, { "text": "711. Hybrid vehicles \nThe Secretary of Energy shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles.", "id": "H139386C3558F41B69CE8F7C13878300", "header": "Hybrid vehicles" }, { "text": "721. Definitions \nIn this part: (1) Alternative fueled vehicle \n(A) In general \nThe term alternative fueled vehicle means a vehicle propelled solely on an alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 )). (B) Exclusion \nThe term alternative fueled vehicle does not include a vehicle that the Secretary determines, by regulation, does not yield substantial environmental benefits over a vehicle operating solely on gasoline or diesel derived from fossil fuels. (2) Fuel cell vehicle \nThe term fuel cell vehicle means a vehicle propelled by an electric motor powered by a fuel cell system that converts chemical energy into electricity by combining oxygen (from air) with hydrogen fuel that is stored on the vehicle or is produced onboard by reformation of a hydrocarbon fuel. Such fuel cell system may or may not include the use of auxiliary energy storage systems to enhance vehicle performance. (3) Hybrid vehicle \nThe term hybrid vehicle means a medium or heavy duty vehicle propelled by an internal combustion engine or heat engine using any combustible fuel and an onboard rechargeable energy storage device. (4) Neighborhood electric vehicle \nThe term neighborhood electric vehicle means a motor vehicle that— (A) meets the definition of a low-speed vehicle (as defined in part 571 of title 49, Code of Federal Regulations); (B) meets the definition of a zero-emission vehicle (as defined in section 86.1702–99 of title 40, Code of Federal Regulations); (C) meets the requirements of Federal Motor Vehicle Safety Standard No. 500; and (D) has a maximum speed of not greater than 25 miles per hour. (5) Pilot program \nThe term pilot program means the competitive grant program established under section 722. (6) Secretary \nThe term Secretary means the Secretary of Energy. (7) Ultra-low sulfur diesel vehicle \nThe term ultra-low sulfur diesel vehicle means a vehicle manufactured in any of model years 2003 through 2006 powered by a heavy-duty diesel engine that— (A) is fueled by diesel fuel that contains sulfur at not more than 15 parts per million; and (B) emits not more than the lesser of— (i) for vehicles manufactured in— (I) model year 2003, 3.0 grams per brake horsepower-hour of oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; and (II) model years 2004 through 2006, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; or (ii) the quantity of emissions of nonmethane hydrocarbons, oxides of nitrogen, and particulate matter of the best-performing technology of ultra-low sulfur diesel vehicles of the same class and application that are commercially available.", "id": "H3F3384644DB849DEAAE5D82DEB0017D9", "header": "Definitions" }, { "text": "722. Pilot program \n(a) Establishment \nThe Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program, to be administered through the Clean Cities Program of the Department of Energy, to provide not more than 15 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b). (b) Grant purposes \nA grant under this section may be used for the following purposes: (1) The acquisition of alternative fueled vehicles or fuel cell vehicles, including— (A) passenger vehicles (including neighborhood electric vehicles); and (B) motorized 2-wheel bicycles, scooters, or other vehicles for use by law enforcement personnel or other State or local government or metropolitan transportation authority employees. (2) The acquisition of alternative fueled vehicles, hybrid vehicles, or fuel cell vehicles, including— (A) buses used for public transportation or transportation to and from schools; (B) delivery vehicles for goods or services; and (C) ground support vehicles at public airports (including vehicles to carry baggage or push or pull airplanes toward or away from terminal gates). (3) The acquisition of ultra-low sulfur diesel vehicles. (4) Installation or acquisition of infrastructure necessary to directly support an alternative fueled vehicle, fuel cell vehicle, or hybrid vehicle project funded by the grant, including fueling and other support equipment. (5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant. (c) Applications \n(1) Requirements \n(A) In general \nThe Secretary shall issue requirements for applying for grants under the pilot program. (B) Minimum requirements \nAt a minimum, the Secretary shall require that an application for a grant— (i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department of Energy; and (ii) include— (I) a description of the project proposed in the application, including how the project meets the requirements of this part; (II) an estimate of the ridership or degree of use of the project; (III) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the project, and a plan to collect and disseminate environmental data, related to the project to be funded under the grant, over the life of the project; (IV) a description of how the project will be sustainable without Federal assistance after the completion of the term of the grant; (V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; (VI) a description of which costs of the project will be supported by Federal assistance under this part; and (VII) documentation to the satisfaction of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the project, and a commitment by the applicant to use such fuel in carrying out the project. (2) Partners \nAn applicant under paragraph (1) may carry out a project under the pilot program in partnership with public and private entities. (d) Selection criteria \nIn evaluating applications under the pilot program, the Secretary shall— (1) consider each applicant’s previous experience with similar projects; and (2) give priority consideration to applications that— (A) are most likely to maximize protection of the environment; (B) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this part is completed; and (C) exceed the minimum requirements of subsection (c)(1)(B)(ii). (e) Pilot project requirements \n(1) Maximum amount \nThe Secretary shall not provide more than $20,000,000 in Federal assistance under the pilot program to any applicant. (2) Cost sharing \nThe Secretary shall not provide more than 50 percent of the cost, incurred during the period of the grant, of any project under the pilot program. (3) Maximum period of grants \nThe Secretary shall not fund any applicant under the pilot program for more than 5 years. (4) Deployment and distribution \nThe Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites. (5) Transfer of information and knowledge \nThe Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications. (f) Schedule \n(1) Publication \nNot later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake projects under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice. (2) Selection \nNot later than 180 days after the date by which applications for grants are due, the Secretary shall select by competitive, peer reviewed proposal, all applications for projects to be awarded a grant under the pilot program. (g) Limit on funding \nThe Secretary shall provide not less than 20 nor more than 25 percent of the grant funding made available under this section for the acquisition of ultra-low sulfur diesel vehicles.", "id": "HA0FD82C30B5E431ABDE1C9001235BABC", "header": "Pilot program" }, { "text": "723. Reports to Congress \n(a) Initial report \nNot later than 60 days after the date on which grants are awarded under this part, the Secretary shall submit to Congress a report containing— (1) an identification of the grant recipients and a description of the projects to be funded; (2) an identification of other applicants that submitted applications for the pilot program; and (3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications. (b) Evaluation \nNot later than 3 years after the date of enactment of this Act, and annually thereafter until the pilot program ends, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including— (1) an assessment of the benefits to the environment derived from the projects included in the pilot program; and (2) an estimate of the potential benefits to the environment to be derived from widespread application of alternative fueled vehicles and ultra-low sulfur diesel vehicles.", "id": "HC49E75EB366F4BF481694E2565280544", "header": "Reports to Congress" }, { "text": "724. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this part $200,000,000, to remain available until expended.", "id": "HEA9AA869DA9A4E138918B8AE53191F8C", "header": "Authorization of appropriations" }, { "text": "731. Fuel cell transit bus demonstration \n(a) In general \nThe Secretary of Energy, in consultation with the Secretary of Transportation, shall establish a transit bus demonstration program to make competitive, merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell transit buses (and necessary infrastructure) in 5 geographically dispersed localities. (b) Preference \nIn selecting projects under this section, the Secretary of Energy shall give preference to projects that are most likely to mitigate congestion and improve air quality. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out this section $10,000,000 for each of fiscal years 2004 through 2008.", "id": "H7113888F102E476AB7B5ADF2A5FA33E3", "header": "Fuel cell transit bus demonstration" }, { "text": "741. Definitions \nIn this subtitle: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Alternative fuel \nThe term alternative fuel means liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (3) Alternative fuel school bus \nThe term alternative fuel school bus means a school bus that meets all of the requirements of this subtitle and is operated solely on an alternative fuel. (4) Emissions control retrofit technology \nThe term emissions control retrofit technology means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus. (5) Idling \nThe term idling means operating an engine while remaining stationary for more than approximately 15 minutes, except that the term does not apply to routine stoppages associated with traffic movement or congestion. (6) Secretary \nThe term Secretary means the Secretary of Energy. (7) Ultra-low sulfur diesel fuel \nThe term ultra-low sulfur diesel fuel means diesel fuel that contains sulfur at not more than 15 parts per million. (8) Ultra-low sulfur diesel fuel school bus \nThe term ultra-low sulfur diesel fuel school bus means a school bus that meets all of the requirements of this subtitle and is operated solely on ultra-low sulfur diesel fuel.", "id": "H9BE943055084461FBB4638B588580096", "header": "Definitions" }, { "text": "742. Program for replacement of certain school buses with clean school buses \n(a) Establishment \nThe Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible entities for the replacement of existing school buses manufactured before model year 1991 with alternative fuel school buses and ultra-low sulfur diesel fuel school buses. (b) Requirements \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on implementation of the program established under subsection (a), including instructions for the submission of grant applications and certification requirements to ensure compliance with this subtitle. (2) Application deadlines \nThe requirements established under paragraph (1) shall require submission of grant applications not later than— (A) in the case of the first year of program implementation, the date that is 180 days after the publication of the requirements in the Federal Register; and (B) in the case of each subsequent year, June 1 of the year. (c) Eligible recipients \nA grant shall be awarded under this section only— (1) to 1 or more local or State governmental entities responsible for providing school bus service to 1 or more public school systems or responsible for the purchase of school buses; (2) to 1 or more contracting entities that provide school bus service to 1 or more public school systems, if the grant application is submitted jointly with the 1 or more school systems to be served by the buses, except that the application may provide that buses purchased using funds awarded shall be owned, operated, and maintained exclusively by the 1 or more contracting entities; or (3) to a nonprofit school transportation association representing private contracting entities, if the association has notified and received approval from the 1 or more school systems to be served by the buses. (d) Award deadlines \n(1) In general \nSubject to paragraph (2), the Administrator shall award a grant made to a qualified applicant for a fiscal year— (A) in the case of the first fiscal year of program implementation, not later than the date that is 90 days after the application deadline established under subsection (b)(2); and (B) in the case of each subsequent fiscal year, not later than August 1 of the fiscal year. (2) Insufficient number of qualified grant applications \nIf the Administrator does not receive a sufficient number of qualified grant applications to meet the requirements of subsection (i)(1) for a fiscal year, the Administrator shall award a grant made to a qualified applicant under subsection (i)(2) not later than September 30 of the fiscal year. (e) Types of grants \n(1) In general \nA grant under this section shall be used for the replacement of school buses manufactured before model year 1991 with alternative fuel school buses and ultra-low sulfur diesel fuel school buses. (2) No economic benefit \nOther than the receipt of the grant, a recipient of a grant under this section may not receive any economic benefit in connection with the receipt of the grant. (3) Priority of grant applications \nThe Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977. (f) Conditions of grant \nA grant provided under this section shall include the following conditions: (1) School bus fleet \nAll buses acquired with funds provided under the grant shall be operated as part of the school bus fleet for which the grant was made for a minimum of 5 years. (2) Use of funds \nFunds provided under the grant may only be used— (A) to pay the cost, except as provided in paragraph (3), of new alternative fuel school buses or ultra-low sulfur diesel fuel school buses, including State taxes and contract fees associated with the acquisition of such buses; and (B) to provide— (i) up to 20 percent of the price of the alternative fuel school buses acquired, for necessary alternative fuel infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 25 percent of the price of the alternative fuel school buses acquired, for necessary alternative fuel infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) Grant recipient funds \nThe grant recipient shall be required to provide at least— (A) in the case of a grant recipient described in paragraph (1) or (3) of subsection (c), the lesser of— (i) an amount equal to 15 percent of the total cost of each bus received; or (ii) $15,000 per bus; and (B) in the case of a grant recipient described in subsection (c)(2), the lesser of— (i) an amount equal to 20 percent of the total cost of each bus received; or (ii) $20,000 per bus. (4) Ultra-low sulfur diesel fuel \nIn the case of a grant recipient receiving a grant for ultra-low sulfur diesel fuel school buses, the grant recipient shall be required to provide documentation to the satisfaction of the Administrator that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant, and a commitment by the applicant to use such fuel in carrying out the purposes of the grant. (5) Timing \nAll alternative fuel school buses, ultra-low sulfur diesel fuel school buses, or alternative fuel infrastructure acquired under a grant awarded under this section shall be purchased and placed in service as soon as practicable. (g) Buses \n(1) In general \nExcept as provided in paragraph (2), funding under a grant made under this section for the acquisition of new alternative fuel school buses or ultra-low sulfur diesel fuel school buses shall only be used to acquire school buses— (A) with a gross vehicle weight of greater than 14,000 pounds; (B) that are powered by a heavy duty engine; (C) in the case of alternative fuel school buses manufactured in model years 2004 through 2006, that emit not more than 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; and (D) in the case of ultra-low sulfur diesel fuel school buses manufactured in model years 2004 through 2006, that emit not more than 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter. (2) Limitations \nA bus shall not be acquired under this section that emits nonmethane hydrocarbons, oxides of nitrogen, or particulate matter at a rate greater than the best performing technology of the same class of ultra-low sulfur diesel fuel school buses commercially available at the time the grant is made. (h) Deployment and distribution \nThe Administrator shall— (1) seek, to the maximum extent practicable, to achieve nationwide deployment of alternative fuel school buses and ultra-low sulfur diesel fuel school buses through the program under this section; and (2) ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year. (i) Allocation of funds \n(1) In general \nSubject to paragraph (2), of the amount of grant funding made available to carry out this section for any fiscal year, the Administrator shall use— (A) 70 percent for the acquisition of alternative fuel school buses or supporting infrastructure; and (B) 30 percent for the acquisition of ultra-low sulfur diesel fuel school buses. (2) Insufficient number of qualified grant applications \nAfter the first fiscal year in which this program is in effect, if the Administrator does not receive a sufficient number of qualified grant applications to meet the requirements of subparagraph (A) or (B) of paragraph (1) for a fiscal year, effective beginning on August 1 of the fiscal year, the Administrator shall make the remaining funds available to other qualified grant applicants under this section. (j) Reduction of school bus idling \nEach local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) that receives Federal funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is encouraged to develop a policy, consistent with the health, safety, and welfare of students and the proper operation and maintenance of school buses, to reduce the incidence of unnecessary school bus idling at schools when picking up and unloading students. (k) Annual report \n(1) In general \nNot later than January 31 of each year, the Administrator shall transmit to Congress a report evaluating implementation of the programs under this section and section 743. (2) Components \nThe reports shall include a description of— (A) the total number of grant applications received; (B) the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications; (C) grants awarded and the criteria used to select the grant recipients; (D) certified engine emission levels of all buses purchased or retrofitted under the programs under this section and section 743; (E) an evaluation of the in-use emission level of buses purchased or retrofitted under the programs under this section and section 743; and (F) any other information the Administrator considers appropriate. (l) Authorization of appropriations \nThere are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended— (1) $45,000,000 for fiscal year 2005; (2) $65,000,000 for fiscal year 2006; (3) $90,000,000 for fiscal year 2007; and (4) such sums as are necessary for each of fiscal years 2008 and 2009.", "id": "H87191F132BE84329805CCCAB54B15BF", "header": "Program for replacement of certain school buses with clean school buses" }, { "text": "743. Diesel retrofit program \n(a) Establishment \nThe Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to entities for the installation of retrofit technologies for diesel school buses. (b) Eligible recipients \nA grant shall be awarded under this section only— (1) to a local or State governmental entity responsible for providing school bus service to 1 or more public school systems; (2) to 1 or more contracting entities that provide school bus service to 1 or more public school systems, if the grant application is submitted jointly with the 1 or more school systems that the buses will serve, except that the application may provide that buses purchased using funds awarded shall be owned, operated, and maintained exclusively by the 1 or more contracting entities; or (3) to a nonprofit school transportation association representing private contracting entities, if the association has notified and received approval from the 1 or more school systems to be served by the buses. (c) Awards \n(1) In general \nThe Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section. (2) Preferences \nIn making awards of grants under this section, the Administrator shall give preference to proposals that— (A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, or particulate matter per proposal or per bus; or (B) involve the use of emissions control retrofit technology on diesel school buses that operate solely on ultra-low sulfur diesel fuel. (d) Conditions of grant \nA grant shall be provided under this section on the conditions that— (1) buses on which retrofit emissions-control technology are to be demonstrated— (A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation; (B) were manufactured in model year 1991 or later; and (C) will be used for the transportation of school children to and from school for a minimum of 5 years; (2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and (3) grant recipients will provide at least 15 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit. (e) Verification \nNot later than 90 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register procedures to verify— (1) the retrofit emissions-control technology to be demonstrated; (2) that buses powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur; and (3) that grants are administered in accordance with this section. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended— (1) $20,000,000 for fiscal year 2005; (2) $35,000,000 for fiscal year 2006; (3) $45,000,000 for fiscal year 2007; and (4) such sums as are necessary for each of fiscal years 2008 and 2009.", "id": "H3174B2CBAEA448C98BA3A8FAA676BDDF", "header": "Diesel retrofit program" }, { "text": "744. Fuel cell school buses \n(a) Establishment \nThe Secretary shall establish a program for entering into cooperative agreements— (1) with private sector fuel cell bus developers for the development of fuel cell-powered school buses; and (2) subsequently, with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses. (b) Cost sharing \nThe non-Federal contribution for activities funded under this section shall be not less than— (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Reports to Congress \nNot later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report that— (1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and (2) assesses the results of the development and demonstration program under this section. (d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for the period of fiscal years 2004 through 2006.", "id": "HB1F6624BED7A477B8F4097CA8C416008", "header": "Fuel cell school buses" }, { "text": "751. Railroad efficiency \n(a) Establishment \nThe Secretary of Energy shall, in cooperation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, establish a cost-shared, public-private research partnership involving the Federal Government, railroad carriers, locomotive manufacturers and equipment suppliers, and the Association of American Railroads, to develop and demonstrate railroad locomotive technologies that increase fuel economy, reduce emissions, and lower costs of operation. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out this section— (1) $25,000,000 for fiscal year 2005; (2) $35,000,000 for fiscal year 2006; and (3) $50,000,000 for fiscal year 2007.", "id": "H302267B5D2B743EE992C264FE957EE3", "header": "Railroad efficiency" }, { "text": "752. Mobile emission reductions trading and crediting \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report on the experience of the Administrator with the trading of mobile source emission reduction credits for use by owners and operators of stationary source emission sources to meet emission offset requirements within a nonattainment area. (b) Contents \nThe report shall describe— (1) projects approved by the Administrator that include the trading of mobile source emission reduction credits for use by stationary sources in complying with offset requirements, including a description of— (A) project and stationary sources location; (B) volumes of emissions offset and traded; (C) the sources of mobile emission reduction credits; and (D) if available, the cost of the credits; (2) the significant issues identified by the Administrator in consideration and approval of trading in the projects; (3) the requirements for monitoring and assessing the air quality benefits of any approved project; (4) the statutory authority on which the Administrator has based approval of the projects; (5) an evaluation of how the resolution of issues in approved projects could be used in other projects; and (6) any other issues that the Administrator considers relevant to the trading and generation of mobile source emission reduction credits for use by stationary sources or for other purposes.", "id": "HAF0EF9FDE91C4DEEA39E9369F683547B", "header": "Mobile emission reductions trading and crediting" }, { "text": "753. Aviation fuel conservation and emissions \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly initiate a study to identify— (1) the impact of aircraft emissions on air quality in nonattainment areas; and (2) ways to promote fuel conservation measures for aviation to— (A) enhance fuel efficiency; and (B) reduce emissions. (b) Focus \nThe study under subsection (a) shall focus on how air traffic management inefficiencies, such as aircraft idling at airports, result in unnecessary fuel burn and air emissions. (c) Report \nNot later than 1 year after the date of the initiation of the study under subsection (a), the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that— (1) describes the results of the study; and (2) includes any recommendations on ways in which unnecessary fuel use and emissions affecting air quality may be reduced— (A) without adversely affecting safety and security and increasing individual aircraft noise; and (B) while taking into account all aircraft emissions and the impact of the emissions on human health.", "id": "HF071A0A3512F42FF828824E9E3DB1BEF", "header": "Aviation fuel conservation and emissions" }, { "text": "754. Diesel fueled vehicles \n(a) Definition of tier 2 emission standards \nIn this section, the term tier 2 emission standards means the motor vehicle emission standards that apply to passenger cars, light trucks, and larger passenger vehicles manufactured after the 2003 model year, as issued on February 10, 2000, by the Administrator of the Environmental Protection Agency under sections 202 and 211 of the Clean Air Act ( 42 U.S.C. 7521 , 7545). (b) Diesel combustion and after-treatment technologies \nThe Secretary of Energy shall accelerate efforts to improve diesel combustion and after-treatment technologies for use in diesel fueled motor vehicles. (c) Goals \nThe Secretary shall carry out subsection (b) with a view toward achieving the following goals: (1) Developing and demonstrating diesel technologies that, not later than 2010, meet the following standards: (A) Tier 2 emission standards. (B) The heavy-duty emissions standards of 2007 that are applicable to heavy-duty vehicles under regulations issued by the Administrator of the Environmental Protection Agency as of the date of enactment of this Act. (2) Developing the next generation of low-emission, high efficiency diesel engine technologies, including homogeneous charge compression ignition technology.", "id": "H2DE53CE7284D4006A20601442077A9B5", "header": "Diesel fueled vehicles" }, { "text": "755. Conserve by Bicycling Program \n(a) Definitions \nIn this section: (1) Program \nThe term program means the Conserve by Bicycling Program established by subsection (b). (2) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment \nThere is established within the Department of Transportation a program to be known as the Conserve by Bicycling Program. (c) Projects \n(1) In general \nIn carrying out the program, the Secretary shall establish not more than 10 pilot projects that are— (A) dispersed geographically throughout the United States; and (B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles. (2) Requirements \nA pilot project described in paragraph (1) shall— (A) use education and marketing to convert motor vehicle trips to bicycle trips; (B) document project results and energy savings (in estimated units of energy conserved); (C) facilitate partnerships among interested parties in at least 2 of the fields of— (i) transportation; (ii) law enforcement; (iii) education; (iv) public health; (v) environment; and (vi) energy; (D) maximize bicycle facility investments; (E) demonstrate methods that may be used in other regions of the United States; and (F) facilitate the continuation of ongoing programs that are sustained by local resources. (3) Cost sharing \nAt least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from State or local sources. (d) Energy and bicycling research study \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips. (2) Components \nThe study shall— (A) document the results or progress of the pilot projects under subsection (c); (B) determine the type and duration of motor vehicle trips that people in the United States may feasibly make by bicycle, taking into consideration factors such as— (i) weather; (ii) land use and traffic patterns; (iii) the carrying capacity of bicycles; and (iv) bicycle infrastructure; (C) determine any energy savings that would result from the conversion of motor vehicle trips to bicycle trips; (D) include a cost-benefit analysis of bicycle infrastructure investments; and (E) include a description of any factors that would encourage more motor vehicle trips to be replaced with bicycle trips. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $6,200,000, to remain available until expended, of which— (1) $5,150,000 shall be used to carry out pilot projects described in subsection (c); (2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and (3) $750,000 shall be used to carry out subsection (d).", "id": "H301C2F7AF6174370B74B15F274C8F6A3", "header": "Conserve by Bicycling Program" }, { "text": "756. Reduction of engine idling of heavy-duty vehicles \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Advanced truck stop electrification system \nThe term advanced truck stop electrification system means a stationary system that delivers heat, air conditioning, electricity, and communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle without relying on components mounted onboard the heavy-duty vehicle for delivery of those services. (3) Auxiliary power unit \nThe term auxiliary power unit means an integrated system that— (A) provides heat, air conditioning, engine warming, and electricity to the factory-installed components on a heavy-duty vehicle as if the main drive engine of the heavy-duty vehicle were running; and (B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards. (4) Heavy-duty vehicle \nThe term heavy-duty vehicle means a vehicle that— (A) has a gross vehicle weight rating greater than 12,500 pounds; and (B) is powered by a diesel engine. (5) Idle reduction technology \nThe term idle reduction technology means an advanced truck stop electrification system, auxiliary power unit, or other device or system of devices that— (A) is used to reduce long-duration idling of a heavy-duty vehicle; and (B) allows for the main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle to be shut down. (6) Long-duration idling \n(A) In general \nThe term long-duration idling means the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear. (B) Exclusions \nThe term long-duration idling does not include the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle during a routine stoppage associated with traffic movement or congestion. (b) Idle reduction technology benefits, programs, and studies \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator shall— (A) (i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; and (ii) update those models as the Administrator determines to be appropriate; and (B) (i) commence a review of the emission reductions achieved by the use of idle reduction technology; and (ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate. (2) Deadline for completion \nNot later than 180 days after the date of enactment of this Act, the Administrator shall— (A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and (B) prepare and make publicly available 1 or more reports on the results of the reviews. (3) Discretionary inclusions \nThe reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology. (4) Idle reduction deployment program \n(A) Establishment \n(i) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall establish a program to support deployment of idle reduction technology. (ii) Priority \nThe Administrator shall give priority to the deployment of idle reduction technology based on beneficial effects on air quality and ability to lessen the emission of criteria air pollutants. (B) Funding \n(i) Authorization of appropriations \nThere are authorized to be appropriated to the Administrator to carry out subparagraph (A) $19,500,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, and $45,000,000 for fiscal year 2006. (ii) Cost sharing \nSubject to clause (iii), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources. (iii) Necessary and appropriate reductions \nThe Administrator may reduce the non-Federal requirement under clause (ii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section. (5) Idling location study \n(A) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including— (i) truck stops; (ii) rest areas; (iii) border crossings; (iv) ports; (v) transfer facilities; and (vi) private terminals. (B) Deadline for completion \nNot later than 180 days after the date of enactment of this Act, the Administrator shall— (i) complete the study under subparagraph (A); and (ii) prepare and make publicly available 1 or more reports of the results of the study. (c) Vehicle weight exemption \nSection 127(a) of title 23, United States Code, is amended— (1) by designating the first through eleventh sentences as paragraphs (1) through (11), respectively; and (2) by adding at the end the following: (12) Heavy duty vehicles \n(A) In general \nSubject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system. (B) Maximum weight increase \nThe weight increase under subparagraph (A) shall be not greater than 250 pounds. (C) Proof \nOn request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that— (i) the idle reduction technology is fully functional at all times; and (ii) the 250-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A)..", "id": "HE5FA6D3DCC524FFCAF67CC0011D255E2", "header": "Reduction of engine idling of heavy-duty vehicles" }, { "text": "757. Biodiesel engine testing program \n(a) In general \nNot later that 180 days after the date of enactment of this Act, the Secretary shall initiate a partnership with diesel engine, diesel fuel injection system, and diesel vehicle manufacturers and diesel and biodiesel fuel providers, to include biodiesel testing in advanced diesel engine and fuel system technology. (b) Scope \nThe program shall provide for testing to determine the impact of biodiesel from different sources on current and future emission control technologies, with emphasis on— (1) the impact of biodiesel on emissions warranty, in-use liability, and antitampering provisions; (2) the impact of long-term use of biodiesel on engine operations; (3) the options for optimizing these technologies for both emissions and performance when switching between biodiesel and diesel fuel; and (4) the impact of using biodiesel in these fueling systems and engines when used as a blend with 2006 Environmental Protection Agency-mandated diesel fuel containing a maximum of 15-parts-per-million sulfur content. (c) Report \nNot later than 2 years after the date of enactment of this Act, the Secretary shall provide an interim report to Congress on the findings of the program, including a comprehensive analysis of impacts from biodiesel on engine operation for both existing and expected future diesel technologies, and recommendations for ensuring optimal emissions reductions and engine performance with biodiesel. (d) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2008 to carry out this section. (e) Definition \nFor purposes of this section, the term biodiesel means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 ) and that meets the American Society for Testing and Materials D6751-02a Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.", "id": "H349817D5F26D4CA5A92B66009860E987", "header": "Biodiesel engine testing program" }, { "text": "758. High occupancy vehicle exception \nNotwithstanding section 102(a) of title 23, United States Code, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle— (1) is a dedicated vehicle (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S. 13211)); or (2) is a hybrid vehicle (as defined by the State for the purpose of this section).", "id": "H3243F92F8B394C309C4DD810EC02C7E9", "header": "High occupancy vehicle exception" }, { "text": "771. Authorization of appropriations for implementation and enforcement of fuel economy standards \nIn addition to any other funds authorized by law, there are authorized to be appropriated to the National Highway Traffic Safety Administration to carry out its obligations with respect to average fuel economy standards $2,000,000 for each of fiscal years 2004 through 2008.", "id": "H64C7498E9ED448D184FC4CAFF7ACB5E4", "header": "Authorization of appropriations for implementation and enforcement of fuel economy standards" }, { "text": "772. Revised considerations for decisions on maximum feasible average fuel economy \nSection 32902(f) of title 49, United States Code, is amended to read as follows: (f) Considerations for decisions on maximum feasible average fuel economy \nWhen deciding maximum feasible average fuel economy under this section, the Secretary of Transportation shall consider the following matters: (1) Technological feasibility. (2) Economic practicability. (3) The effect of other motor vehicle standards of the Government on fuel economy. (4) The need of the United States to conserve energy. (5) The effects of fuel economy standards on passenger automobiles, nonpassenger automobiles, and occupant safety. (6) The effects of compliance with average fuel economy standards on levels of automobile industry employment in the United States..", "id": "H86A077DAB68B4D49A852E3071EB2D548", "header": "Revised considerations for decisions on maximum feasible average fuel economy" }, { "text": "773. Extension of maximum fuel economy increase for alternative fueled vehicles \n(a) Manufacturing incentives \nSection 32905 of title 49, United States Code, is amended— (1) in each of subsections (b) and (d), by striking 1993–2004 and inserting 1993–2008 ; (2) in subsection (f), by striking 2001 and inserting 2005 ; and (3) in subsection (f)(1), by striking 2004 and inserting 2008. (b) Maximum fuel economy increase \nSubsection (a)(1) of section 32906 of title 49, United States Code, is amended— (1) in subparagraph (A), by striking the model years 1993–2004 and inserting model years 1993–2008 ; and (2) in subparagraph (B), by striking the model years 2005–2008 and inserting model years 2009–2012.", "id": "H8810A9508959428281DB83131AA7183", "header": "Extension of maximum fuel economy increase for alternative fueled vehicles" }, { "text": "774. Study of feasibility and effects of reducing use of fuel for automobiles \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall initiate a study of the feasibility and effects of reducing by model year 2012, by a significant percentage, the amount of fuel consumed by automobiles. (b) Subjects of study \nThe study under this section shall include— (1) examination of, and recommendation of alternatives to, the policy under current Federal law of establishing average fuel economy standards for automobiles and requiring each automobile manufacturer to comply with average fuel economy standards that apply to the automobiles it manufactures; (2) examination of how automobile manufacturers could contribute toward achieving the reduction referred to in subsection (a); (3) examination of the potential of fuel cell technology in motor vehicles in order to determine the extent to which such technology may contribute to achieving the reduction referred to in subsection (a); and (4) examination of the effects of the reduction referred to in subsection (a) on— (A) gasoline supplies; (B) the automobile industry, including sales of automobiles manufactured in the United States; (C) motor vehicle safety; and (D) air quality. (c) Report \nThe Administrator shall submit to Congress a report on the findings, conclusion, and recommendations of the study under this section by not later than 1 year after the date of the enactment of this Act.", "id": "H134E5EB9B56A44C29D2DCBD63FD4E9F6", "header": "Study of feasibility and effects of reducing use of fuel for automobiles" }, { "text": "801. Definitions \nIn this title: (1) Advisory Committee \nThe term Advisory Committee means the Hydrogen Technical and Fuel Cell Advisory Committee established under section 805. (2) Department \nThe term Department means the Department of Energy. (3) Fuel cell \nThe term fuel cell means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by an electrochemical process taking place at separate electrodes in the device. (4) Infrastructure \nThe term infrastructure means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen. (5) Light duty vehicle \nThe term light duty vehicle means a car or truck classified by the Department of Transportation as a Class I or IIA vehicle. (6) Secretary \nThe term Secretary means the Secretary of Energy.", "id": "H00D95B460B274AF0BA8D14EFC6084B5B", "header": "Definitions" }, { "text": "802. Plan \nNot later than 6 months after the date of enactment of this Act, the Secretary shall transmit to Congress a coordinated plan for the programs described in this title and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum— (1) the agenda for the next 5 years for the programs authorized under this title, including the agenda for each activity enumerated in section 803(a); (2) the types of entities that will carry out the activities under this title and what role each entity is expected to play; (3) the milestones that will be used to evaluate the programs for the next 5 years; (4) the most significant technical and nontechnical hurdles that stand in the way of achieving the goals described in section 803(b), and how the programs will address those hurdles; and (5) the policy assumptions that are implicit in the plan, including any assumptions that would affect the sources of hydrogen or the marketability of hydrogen-related products.", "id": "H21D9864E56DB45F8932D24877C27C4B9", "header": "Plan" }, { "text": "803. Programs \n(a) Activities \nThe Secretary, in partnership with the private sector, shall conduct programs to address— (1) production of hydrogen from diverse energy sources, including— (A) fossil fuels, which may include carbon capture and sequestration; (B) hydrogen-carrier fuels (including ethanol and methanol); (C) renewable energy resources, including biomass; and (D) nuclear energy; (2) use of hydrogen for commercial, industrial, and residential electric power generation; (3) safe delivery of hydrogen or hydrogen-carrier fuels, including— (A) transmission by pipeline and other distribution methods; and (B) convenient and economic refueling of vehicles either at central refueling stations or through distributed on-site generation; (4) advanced vehicle technologies, including— (A) engine and emission control systems; (B) energy storage, electric propulsion, and hybrid systems; (C) automotive materials; and (D) other advanced vehicle technologies; (5) storage of hydrogen or hydrogen-carrier fuels, including development of materials for safe and economic storage in gaseous, liquid, or solid form at refueling facilities and onboard vehicles; (6) development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low temperature operation, and cold start capability; (7) development, after consultation with the private sector, of necessary codes and standards (including international codes and standards and voluntary consensus standards adopted in accordance with OMB Circular A–119) and safety practices for the production, distribution, storage, and use of hydrogen, hydrogen-carrier fuels, and related products; and (8) a public education program to develop improved knowledge and acceptability of hydrogen-based systems. (b) Program goals \n(1) Vehicles \nFor vehicles, the goals of the program are— (A) to enable a commitment by automakers no later than year 2015 to offer safe, affordable, and technically viable hydrogen fuel cell vehicles in the mass consumer market; and (B) to enable production, delivery, and acceptance by consumers of model year 2020 hydrogen fuel cell and other hydrogen-powered vehicles that will have— (i) a range of at least 300 miles; (ii) improved performance and ease of driving; (iii) safety and performance comparable to vehicle technologies in the market; and (iv) when compared to light duty vehicles in model year 2003— (I) fuel economy that is substantially higher; (II) substantially lower emissions of air pollutants; and (III) equivalent or improved vehicle fuel system crash integrity and occupant protection. (2) Hydrogen energy and energy infrastructure \nFor hydrogen energy and energy infrastructure, the goals of the program are to enable a commitment not later than 2015 that will lead to infrastructure by 2020 that will provide— (A) safe and convenient refueling; (B) improved overall efficiency; (C) widespread availability of hydrogen from domestic energy sources through— (i) production, with consideration of emissions levels; (ii) delivery, including transmission by pipeline and other distribution methods for hydrogen; and (iii) storage, including storage in surface transportation vehicles; (D) hydrogen for fuel cells, internal combustion engines, and other energy conversion devices for portable, stationary, and transportation applications; and (E) other technologies consistent with the Department’s plan. (3) Fuel cells \nThe goals for fuel cells and their portable, stationary, and transportation applications are to enable— (A) safe, economical, and environmentally sound hydrogen fuel cells; (B) fuel cells for light duty and other vehicles; and (C) other technologies consistent with the Department’s plan. (c) Demonstration \nIn carrying out the programs under this section, the Secretary shall fund a limited number of demonstration projects, consistent with a determination of the maturity, cost-effectiveness, and environmental impacts of technologies supporting each project. In selecting projects under this subsection, the Secretary shall, to the extent practicable and in the public interest, select projects that— (1) involve using hydrogen and related products at existing facilities or installations, such as existing office buildings, military bases, vehicle fleet centers, transit bus authorities, or units of the National Park System; (2) depend on reliable power from hydrogen to carry out essential activities; (3) lead to the replication of hydrogen technologies and draw such technologies into the marketplace; (4) include vehicle, portable, and stationary demonstrations of fuel cell and hydrogen-based energy technologies; (5) address the interdependency of demand for hydrogen fuel cell applications and hydrogen fuel infrastructure; (6) raise awareness of hydrogen technology among the public; (7) facilitate identification of an optimum technology among competing alternatives; (8) address distributed generation using renewable sources; and (9) address applications specific to rural or remote locations, including isolated villages and islands, the National Park System, and tribal entities. The Secretary shall give preference to projects which address multiple elements contained in paragraphs (1) through (9). (d) Deployment \nIn carrying out the programs under this section, the Secretary shall, in partnership with the private sector, conduct activities to facilitate the deployment of hydrogen energy and energy infrastructure, fuel cells, and advanced vehicle technologies. (e) Funding \n(1) In general \nThe Secretary shall carry out the programs under this section using a competitive, merit-based review process and consistent with the generally applicable Federal laws and regulations governing awards of financial assistance, contracts, or other agreements. (2) Research centers \nActivities under this section may be carried out by funding nationally recognized university-based or Federal laboratory research centers. (f) Cost sharing \n(1) Research and development \nExcept as otherwise provided in this title, for research and development programs carried out under this title the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. The Secretary may reduce or eliminate the non-Federal requirement under this paragraph if the Secretary determines that the research and development is of a basic or fundamental nature or involves technical analyses or educational activities. (2) Demonstration and commercial application \nExcept as otherwise provided in this title, the Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this title to be provided from non-Federal sources. The Secretary may reduce the non-Federal requirement under this paragraph if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this title. (3) Calculation of amount \nIn calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Secretary may include personnel, services, equipment, and other resources. (4) Size of non-federal share \nThe Secretary may consider the size of the non-Federal share in selecting projects. (g) Disclosure \nSection 623 of the Energy Policy Act of 1992 ( 42 U.S.C. 13293 ) relating to the protection of information shall apply to projects carried out through grants, cooperative agreements, or contracts under this title.", "id": "H6854B8685EF849E09C3990C0A81771CC", "header": "Programs" }, { "text": "804. Interagency task force \n(a) Establishment \nNot later than 120 days after the date of enactment of this Act, the President shall establish an interagency task force chaired by the Secretary with representatives from each of the following: (1) The Office of Science and Technology Policy within the Executive Office of the President. (2) The Department of Transportation. (3) The Department of Defense. (4) The Department of Commerce (including the National Institute of Standards and Technology). (5) The Department of State. (6) The Environmental Protection Agency. (7) The National Aeronautics and Space Administration. (8) Other Federal agencies as the Secretary determines appropriate. (b) Duties \n(1) Planning \nThe interagency task force shall work toward— (A) a safe, economical, and environmentally sound fuel infrastructure for hydrogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation; (B) fuel cells in government and other applications, including portable, stationary, and transportation applications; (C) distributed power generation, including the generation of combined heat, power, and clean fuels including hydrogen; (D) uniform hydrogen codes, standards, and safety protocols; and (E) vehicle hydrogen fuel system integrity safety performance. (2) Activities \nThe interagency task force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The interagency task force shall— (A) foster the exchange of generic, nonproprietary information and technology among industry, academia, and government; (B) develop and maintain an inventory and assessment of hydrogen, fuel cells, and other advanced technologies, including the commercial capability of each technology for the economic and environmentally safe production, distribution, delivery, storage, and use of hydrogen; (C) integrate technical and other information made available as a result of the programs and activities under this title; (D) promote the marketplace introduction of infrastructure for hydrogen fuel vehicles; and (E) conduct an education program to provide hydrogen and fuel cell information to potential end-users. (c) Agency cooperation \nThe heads of all agencies, including those whose agencies are not represented on the interagency task force, shall cooperate with and furnish information to the interagency task force, the Advisory Committee, and the Department.", "id": "H6C7C066F5D9546718F7405B0D7A3EA37", "header": "Interagency task force" }, { "text": "805. Advisory Committee \n(a) Establishment \nThe Hydrogen Technical and Fuel Cell Advisory Committee is established to advise the Secretary on the programs and activities under this title. (b) Membership \n(1) Members \nThe Advisory Committee shall be comprised of not fewer than 12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of committee members and the needs of the Advisory Committee. (2) Terms \nThe term of a member of the Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Advisory Committee in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Advisory Committee. A member of the Advisory Committee whose term is expiring may be reappointed. (3) Chairperson \nThe Advisory Committee shall have a chairperson, who is elected by the members from among their number. (c) Review \nThe Advisory Committee shall review and make recommendations to the Secretary on— (1) the implementation of programs and activities under this title; (2) the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and (3) the plan under section 802. (d) Response \n(1) Consideration of recommendations \nThe Secretary shall consider, but need not adopt, any recommendations of the Advisory Committee under subsection (c). (2) Biennial report \nThe Secretary shall transmit a biennial report to Congress describing any recommendations made by the Advisory Committee since the previous report. The report shall include a description of how the Secretary has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be implemented. The report shall be transmitted along with the President’s budget proposal. (e) Support \nThe Secretary shall provide resources necessary in the judgment of the Secretary for the Advisory Committee to carry out its responsibilities under this title.", "id": "H458C3BD5F95840BAA9C6009BF9A0DEE6", "header": "Advisory Committee" }, { "text": "806. External review \n(a) Plan \nThe Secretary shall enter into an arrangement with the National Academy of Sciences to review the plan prepared under section 802, which shall be completed not later than 6 months after the Academy receives the plan. Not later than 45 days after receiving the review, the Secretary shall transmit the review to Congress along with a plan to implement the review’s recommendations or an explanation of the reasons that a recommendation will not be implemented. (b) Additional review \nThe Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy will review the programs under section 803 during the fourth year following the date of enactment of this Act. The Academy’s review shall include the research priorities and technical milestones, and evaluate the progress toward achieving them. The review shall be completed not later than 5 years after the date of enactment of this Act. Not later than 45 days after receiving the review, the Secretary shall transmit the review to Congress along with a plan to implement the review’s recommendations or an explanation for the reasons that a recommendation will not be implemented.", "id": "H0758CCF8E4C7457195B7BBF87FBB6BF1", "header": "External review" }, { "text": "807. Miscellaneous provisions \n(a) Representation \nThe Secretary may represent the United States interests with respect to activities and programs under this title, in coordination with the Department of Transportation, the National Institute of Standards and Technology, and other relevant Federal agencies, before governments and nongovernmental organizations including— (1) other Federal, State, regional, and local governments and their representatives; (2) industry and its representatives, including members of the energy and transportation industries; and (3) in consultation with the Department of State, foreign governments and their representatives including international organizations. (b) Regulatory authority \nNothing in this title shall be construed to alter the regulatory authority of the Department.", "id": "HE2E9D6E2995446770067D7895B4C1760", "header": "Miscellaneous provisions" }, { "text": "808. Savings clause \nNothing in this title shall be construed to affect the authority of the Secretary of Transportation that may exist prior to the date of enactment of this Act with respect to— (1) research into, and regulation of, hydrogen-powered vehicles fuel systems integrity, standards, and safety under subtitle VI of title 49, United States Code; (2) regulation of hazardous materials transportation under chapter 51 of title 49, United States Code; (3) regulation of pipeline safety under chapter 601 of title 49, United States Code; (4) encouragement and promotion of research, development, and deployment activities relating to advanced vehicle technologies under section 5506 of title 49, United States Code; (5) regulation of motor vehicle safety under chapter 301 of title 49, United States Code; (6) automobile fuel economy under chapter 329 of title 49, United States Code; or (7) representation of the interests of the United States with respect to the activities and programs under the authority of title 49, United States Code.", "id": "H16570ABD154D4774B071A7AE4CB1E750", "header": "Savings clause" }, { "text": "809. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this title, in addition to any amounts made available for these purposes under other Acts— (1) $273,500,000 for fiscal year 2004; (2) $375,000,000 for fiscal year 2005; (3) $450,000,000 for fiscal year 2006; (4) $500,000,000 for fiscal year 2007; and (5) $550,000,000 for fiscal year 2008.", "id": "H4773A1F7A2E74B4EAF00D1B9F143A860", "header": "Authorization of appropriations" }, { "text": "901. Goals \n(a) In General \nThe Secretary shall conduct a balanced set of programs of energy research, development, demonstration, and commercial application to support Federal energy policy and programs by the Department. Such programs shall be focused on— (1) increasing the efficiency of all energy intensive sectors through conservation and improved technologies; (2) promoting diversity of energy supply; (3) decreasing the Nation’s dependence on foreign energy supplies; (4) improving United States energy security; and (5) decreasing the environmental impact of energy-related activities. (b) Goals \nThe Secretary shall publish measurable 5-year cost and performance-based goals with each annual budget submission in at least the following areas: (1) Energy efficiency for buildings, energy-consuming industries, and vehicles. (2) Electric energy generation (including distributed generation), transmission, and storage. (3) Renewable energy technologies including wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, and hydropower. (4) Fossil energy including power generation, onshore and offshore oil and gas resource recovery, and transportation. (5) Nuclear energy including programs for existing and advanced reactors and education of future specialists. (c) Public comment \nThe Secretary shall provide mechanisms for input on the annually published goals from industry, university, and other public sources. (d) Effect of goals \n(1) No new authority or requirement \nNothing in subsection (a) or the annually published goals shall— (A) create any new— (i) authority for any Federal agency; or (ii) requirement for any other person; (B) be used by a Federal agency to support the establishment of regulatory standards or regulatory requirements; or (C) alter the authority of the Secretary to make grants or other awards. (2) No limitation \nNothing in this subsection shall be construed to limit the authority of the Secretary to impose conditions on grants or other awards based on the goals in subsection (a) or any subsequent modification thereto.", "id": "H9D2A9258D7A04671B161BE4B1C15F9FD", "header": "Goals" }, { "text": "902. Definitions \nFor purposes of this title: (1) Department \nThe term Department means the Department of Energy. (2) Departmental mission \nThe term departmental mission means any of the functions vested in the Secretary of Energy by the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ) or other law. (3) Institution of higher education \nThe term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) National Laboratory \nThe term National Laboratory means any of the following laboratories owned by the Department: (A) Ames Laboratory. (B) Argonne National Laboratory. (C) Brookhaven National Laboratory. (D) Fermi National Accelerator Laboratory. (E) Idaho National Engineering and Environmental Laboratory. (F) Lawrence Berkeley National Laboratory. (G) Lawrence Livermore National Laboratory. (H) Los Alamos National Laboratory. (I) National Energy Technology Laboratory. (J) National Renewable Energy Laboratory. (K) Oak Ridge National Laboratory. (L) Pacific Northwest National Laboratory. (M) Princeton Plasma Physics Laboratory. (N) Sandia National Laboratories. (O) Stanford Linear Accelerator Center. (P) Thomas Jefferson National Accelerator Facility. (5) Nonmilitary energy laboratory \nThe term nonmilitary energy laboratory means the laboratories listed in paragraph (4), except for those listed in subparagraphs (G), (H), and (N). (6) Secretary \nThe term Secretary means the Secretary of Energy. (7) Single-purpose research facility \nThe term single-purpose research facility means any of the primarily single-purpose entities owned by the Department or any other organization of the Department designated by the Secretary.", "id": "HBC23DC7D3A954C229CDF970744214943", "header": "Definitions" }, { "text": "904. Energy efficiency \n(a) In general \nThe following sums are authorized to be appropriated to the Secretary for energy efficiency and conservation research, development, demonstration, and commercial application activities, including activities authorized under this subtitle: (1) For fiscal year 2004, $616,000,000. (2) For fiscal year 2005, $695,000,000. (3) For fiscal year 2006, $772,000,000. (4) For fiscal year 2007, $865,000,000. (5) For fiscal year 2008, $920,000,000. (b) Allocations \nFrom amounts authorized under subsection (a), the following sums are authorized: (1) For activities under section 905— (A) for fiscal year 2004, $20,000,000; (B) for fiscal year 2005, $30,000,000; (C) for fiscal year 2006, $50,000,000; (D) for fiscal year 2007, $50,000,000; and (E) for fiscal year 2008, $50,000,000. (2) For activities under section 907— (A) for fiscal year 2004, $4,000,000; and (B) for each of fiscal years 2005 through 2008, $7,000,000. (3) For activities under section 908— (A) for fiscal year 2004, $20,000,000; (B) for fiscal year 2005, $25,000,000; (C) for fiscal year 2006, $30,000,000; (D) for fiscal year 2007, $35,000,000; and (E) for fiscal year 2008, $40,000,000. (4) For activities under section 909, $2,000,000 for each of fiscal years 2005 through 2008. (c) Extended authorization \nThere are authorized to be appropriated to the Secretary for activities under section 905, $50,000,000 for each of fiscal years 2009 through 2013. (d) Limitation on use of funds \nNone of the funds authorized to be appropriated under this section may be used for— (1) the issuance and implementation of energy efficiency regulations; (2) the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ); (3) the State Energy Program under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ); or (4) the Federal Energy Management Program under part 3 of title V of the National Energy Conservation Policy Act ( 42 U.S.C. 8251 et seq. ).", "id": "HC6256B9150AF48A393C747DFA6B1364", "header": "Energy efficiency" }, { "text": "905. Next generation lighting initiative \n(a) In general \nThe Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes. (b) Objectives \nThe objectives of the initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting; more energy-efficient; and cost-competitive, and have less environmental impact. (c) Industry alliance \nThe Secretary shall, not later than 3 months after the date of enactment of this section, competitively select an Industry Alliance to represent participants that are private, for-profit firms which, as a group, are broadly representative of United States solid state lighting research, development, infrastructure, and manufacturing expertise as a whole. (d) Research \n(1) In general \nThe Secretary shall carry out the research activities of the Next Generation Lighting Initiative through competitively awarded grants to researchers, including Industry Alliance participants, National Laboratories, and institutions of higher education. (2) Assistance from the industry alliance \nThe Secretary shall annually solicit from the Industry Alliance— (A) comments to identify solid-state lighting technology needs; (B) assessment of the progress of the Initiative’s research activities; and (C) assistance in annually updating solid-state lighting technology roadmaps. (3) Availability of information and roadmaps \nThe information and roadmaps under paragraph (2) shall be available to the public and public response shall be solicited by the Secretary. (e) Development, demonstration, and commercial application \nThe Secretary shall carry out a development, demonstration, and commercial application program for the Next Generation Lighting Initiative through competitively selected awards. The Secretary may give preference to participants of the Industry Alliance selected pursuant to subsection (c). (f) Intellectual property \nThe Secretary may require, in accordance with the authorities provided in section 202(a)(ii) of title 35, United States Code, section 152 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2182 ), and section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5908 ), that— (1) for any new invention resulting from activities under subsection (d)— (A) the Industry Alliance members that are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are the subject of this section shall be granted first option to negotiate with the invention owner nonexclusive licenses and royalties for uses of the invention related to solid-state lighting on terms that are reasonable under the circumstances; and (B) (i) for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in subparagraph (A); and (ii) during the year described in clause (i), the invention owner shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in subparagraph (A); and (2) such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative. (g) National academy review \nThe Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Next Generation Lighting Initiative. The Academy shall review the research priorities, technical milestones, and plans for technology transfer and progress towards achieving them. The Secretary shall consider the results of such reviews in evaluating the information obtained under subsection (d)(2). (h) Definitions \nAs used in this section: (1) Advanced solid-state lighting \nThe term advanced solid-state lighting means a semiconducting device package and delivery system that produces white light using externally applied voltage. (2) Research \nThe term research includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes. (3) Industry alliance \nThe term Industry Alliance means an entity selected by the Secretary under subsection (c). (4) White light emitting diode \nThe term white light emitting diode means a semiconducting package, utilizing either organic or inorganic materials, that produces white light using externally applied voltage.", "id": "H4E9468E6789C4655B4FFB92E3232F471", "header": "Next generation lighting initiative" }, { "text": "906. National building performance initiative \n(a) Interagency group \nNot later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall establish an interagency group to develop, in coordination with the advisory committee established under subsection (e), a National Building Performance Initiative (in this section referred to as the Initiative ). The interagency group shall be co-chaired by appropriate officials of the Department and the Department of Commerce, who shall jointly arrange for the provision of necessary administrative support to the group. (b) Integration of efforts \nThe Initiative, working with the National Institute of Building Sciences, shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, maintenance, and renovation of commercial, industrial, institutional, and residential buildings. (c) Plan \nNot later than 1 year after the date of enactment of this Act, the interagency group shall submit to Congress a plan for carrying out the appropriate Federal role in the Initiative. The plan shall include— (1) research, development, demonstration, and commercial application of systems and materials for new construction and retrofit relating to the building envelope and building system components; and (2) the collection, analysis, and dissemination of research results and other pertinent information on enhancing building performance to industry, government entities, and the public. (d) Department of energy role \nWithin the Federal portion of the Initiative, the Department shall be the lead agency for all aspects of building performance related to use and conservation of energy. (e) Advisory committee \n(1) Establishment \nThe Secretary, in consultation with the Secretary of Commerce and the Director of the Office of Science and Technology Policy, shall establish an advisory committee to— (A) analyze and provide recommendations on potential private sector roles and participation in the Initiative; and (B) review and provide recommendations on the plan described in subsection (c). (2) Membership \nMembership of the advisory committee shall include representatives with a broad range of appropriate expertise, including expertise in— (A) building research and technology; (B) architecture, engineering, and building materials and systems; and (C) the residential, commercial, and industrial sectors of the construction industry. (f) Construction \nNothing in this section provides any Federal agency with new authority to regulate building performance.", "id": "HE04405A4254F4AAEBDC551D39B6BA78B", "header": "National building performance initiative" }, { "text": "907. Secondary electric vehicle battery use program \n(a) Definitions \nFor purposes of this section: (1) Associated equipment \nThe term associated equipment means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries. (2) Battery \nThe term battery means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity. (b) Program \nThe Secretary shall establish and conduct a research, development, demonstration, and commercial application program for the secondary use of batteries if the Secretary finds that there are sufficient numbers of such batteries to support the program. The program shall be— (1) designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality; (2) structured to evaluate the performance, including useful service life and costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and disposal of batteries; and (3) coordinated with ongoing secondary battery use programs at the National Laboratories and in industry. (c) Solicitation \nNot later than 180 days after the date of enactment of this Act, if the Secretary finds under subsection (b) that there are sufficient numbers of batteries to support the program, the Secretary shall solicit proposals to demonstrate the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States. The Secretary may make additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this section. (d) Selection of proposals \n(1) In general \nThe Secretary shall, not later than 90 days after the closing date established by the Secretary for receipt of proposals under subsection (c), select up to 5 proposals which may receive financial assistance under this section, subject to the availability of appropriations. (2) Diversity; environmental effect \nIn selecting proposals, the Secretary shall consider diversity of battery type, geographic and climatic diversity, and life-cycle environmental effects of the approaches. (3) Limitation \nNo 1 project selected under this section shall receive more than 25 percent of the funds authorized for the program under this section. (4) Optimization of federal resources \nThe Secretary shall consider the extent of involvement of State or local government and other persons in each demonstration project to optimize use of Federal resources. (5) Other criteria \nThe Secretary may consider such other criteria as the Secretary considers appropriate. (e) Conditions \nThe Secretary shall require that— (1) relevant information be provided to the Department, the users of the batteries, the proposers, and the battery manufacturers; (2) the proposer provide at least 50 percent of the costs associated with the proposal; and (3) the proposer provide to the Secretary such information regarding the disposal of the batteries as the Secretary may require to ensure that the proposer disposes of the batteries in accordance with applicable law.", "id": "HBB6ECFC2039D4F7B91F9ACF07B7923A7", "header": "Secondary electric vehicle battery use program" }, { "text": "908. Energy efficiency science initiative \n(a) Establishment \nThe Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Assistant Secretary in the Department with responsibility for energy conservation under section 203(a)(9) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a)(9) ), in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency. (b) Report \nThe Secretary shall submit to Congress, along with the President’s annual budget request under section 1105(a) of title 31, United States Code, a report on the activities of the Energy Efficiency Science Initiative, including a description of the process used to award the funds and an explanation of how the research relates to energy efficiency.", "id": "H438C78857180435A0065F8E4F2D20710", "header": "Energy efficiency science initiative" }, { "text": "909. Electric motor control technology \nThe Secretary shall conduct a research, development, demonstration, and commercial application program on advanced control devices to improve the energy efficiency of electric motors used in heating, ventilation, air conditioning, and comparable systems.", "id": "HD45ABD09A90849CD9F3FF239AC55005F", "header": "Electric motor control technology" }, { "text": "910. Advanced energy technology transfer centers \n(a) Grants \nNot later than 18 months after the date of enactment of this Act, the Secretary shall make grants to nonprofit institutions, State and local governments, or universities (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. (b) Activities \n(1) In general \nEach Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. (2) Advisory panel \nEach Center shall establish an advisory panel to advise the Center on how best to accomplish the activities under paragraph (1). (c) Application \nA person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. (d) Selection criteria \nThe Secretary shall award grants under this section on the basis of the following criteria, at a minimum: (1) The ability of the applicant to carry out the activities in subsection (b). (2) The extent to which the applicant will coordinate the activities of the Center with other entities, such as State and local governments, utilities, and educational and research institutions. (e) Matching funds \nThe Secretary shall require a non-Federal matching requirement of at least 50 percent of the costs of establishing and operating each Center. (f) Advisory committee \nThe Secretary shall establish an advisory committee to advise the Secretary on the establishment of Centers under this section. The advisory committee shall be composed of individuals with expertise in the area of advanced energy methods and technologies, including at least 1 representative from— (1) State or local energy offices; (2) energy professionals; (3) trade or professional associations; (4) architects, engineers, or construction professionals; (5) manufacturers; (6) the research community; and (7) nonprofit energy or environmental organizations. (g) Definitions \nFor purposes of this section: (1) Advanced energy methods and technologies \nThe term advanced energy methods and technologies means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use. (2) Center \nThe term Center means an Advanced Energy Technology Transfer Center established pursuant to this section. (3) Distributed generation \nThe term distributed generation means an electric power generation facility that is designed to serve retail electric consumers at or near the facility site.", "id": "HC7EAFCD53EB54277811F9FFABB3043A6", "header": "Advanced energy technology transfer centers" }, { "text": "911. Distributed energy and electric energy systems \n(a) In general \nThe following sums are authorized to be appropriated to the Secretary for distributed energy and electric energy systems activities, including activities authorized under this subtitle: (1) For fiscal year 2004, $190,000,000. (2) For fiscal year 2005, $200,000,000. (3) For fiscal year 2006, $220,000,000. (4) For fiscal year 2007, $240,000,000. (5) For fiscal year 2008, $260,000,000. (b) Micro-cogeneration energy technology \nFrom amounts authorized under subsection (a), $20,000,000 for each of fiscal years 2004 and 2005 is authorized for activities under section 914.", "id": "H94970F96DAE24DE8B4DB62EE989D6C6D", "header": "Distributed energy and electric energy systems" }, { "text": "912. Hybrid distributed power systems \n(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Secretary shall develop and transmit to Congress a strategy for a comprehensive research, development, demonstration, and commercial application program to develop hybrid distributed power systems that combine— (1) 1 or more renewable electric power generation technologies of 10 megawatts or less located near the site of electric energy use; and (2) nonintermittent electric power generation technologies suitable for use in a distributed power system. (b) Contents \nThe strategy shall— (1) identify the needs best met with such hybrid distributed power systems and the technological barriers to the use of such systems; (2) provide for the development of methods to design, test, integrate into systems, and operate such hybrid distributed power systems; (3) include, as appropriate, research, development, demonstration, and commercial application on related technologies needed for the adoption of such hybrid distributed power systems, including energy storage devices and environmental control technologies; (4) include research, development, demonstration, and commercial application of interconnection technologies for communications and controls of distributed generation architectures, particularly technologies promoting real-time response to power market information and physical conditions on the electrical grid; and (5) describe how activities under the strategy will be integrated with other research, development, demonstration, and commercial application activities supported by the Department related to electric power technologies.", "id": "H259EBD2F45874FBE8510AFD048E92F64", "header": "Hybrid distributed power systems" }, { "text": "913. High power density industry program \nThe Secretary shall establish a comprehensive research, development, demonstration, and commercial application program to improve energy efficiency of high power density facilities, including data centers, server farms, and telecommunications facilities. Such program shall consider technologies that provide significant improvement in thermal controls, metering, load management, peak load reduction, or the efficient cooling of electronics.", "id": "H6DC72EA6D1E44726B62EE31696A261CC", "header": "High power density industry program" }, { "text": "914. Micro-cogeneration energy technology \nThe Secretary shall make competitive, merit-based grants to consortia for the development of micro-cogeneration energy technology. The consortia shall explore— (1) the use of small-scale combined heat and power in residential heating appliances; and (2) the use of excess power to operate other appliances within the residence and supply excess generated power to the power grid.", "id": "HAF884ECA8B394C1CB0B9C8CF4C13D095", "header": "Micro-cogeneration energy technology" }, { "text": "915. Distributed energy technology demonstration program \nThe Secretary, within the sums authorized under section 911(a), may provide financial assistance to coordinating consortia of interdisciplinary participants for demonstrations designed to accelerate the utilization of distributed energy technologies, such as fuel cells, microturbines, reciprocating engines, thermally activated technologies, and combined heat and power systems, in highly energy intensive commercial applications.", "id": "HEC0E2BC6C3534A07BDED141288D3451B", "header": "Distributed energy technology demonstration program" }, { "text": "916. Reciprocating power \nThe Secretary shall conduct a research, development, and demonstration program regarding fuel system optimization and emissions reduction after-treatment technologies for industrial reciprocating engines. Such after-treatment technologies shall use processes that reduce emissions by recirculating exhaust gases and shall be designed to be retrofitted to any new or existing diesel or natural gas engine used for power generation, peaking power generation, combined heat and power, or compression.", "id": "H8C5E30B8911E4F6A9E6700B16B89FD72", "header": "Reciprocating power" }, { "text": "918. Renewable energy \n(a) In general \nThe following sums are authorized to be appropriated to the Secretary for renewable energy research, development, demonstration, and commercial application activities, including activities authorized under this subtitle: (1) For fiscal year 2004, $480,000,000. (2) For fiscal year 2005, $550,000,000. (3) For fiscal year 2006, $610,000,000. (4) For fiscal year 2007, $659,000,000. (5) For fiscal year 2008, $710,000,000. (b) Bioenergy \nFrom the amounts authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 919: (1) For fiscal year 2004, $135,425,000. (2) For fiscal year 2005, $155,600,000. (3) For fiscal year 2006, $167,650,000. (4) For fiscal year 2007, $180,000,000. (5) For fiscal year 2008, $192,000,000. (c) Concentrating solar power \nFrom amounts authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 920: (1) For fiscal year 2004, $20,000,000. (2) For fiscal year 2005, $40,000,000. (3) For each of fiscal years 2006, 2007 and 2008, $50,000,000. (d) Public buildings \nFrom the amounts authorized under subsection (a), $30,000,000 for each of the fiscal years 2004 through 2008 are authorized to be appropriated to carry out section 922. (e) Limits on use of funds \n(1) No funds for Renewable Support and Implementation \nNone of the funds authorized to be appropriated under this section may be used for Renewable Support and Implementation. (2) Grants \nOf the funds authorized under subsection (b), not less than $5,000,000 for each fiscal year shall be made available for grants to Historically Black Colleges and Universities, Tribal Colleges, and Hispanic-Serving Institutions. (3) Regional field verification Program \nOf the funds authorized under subsection (a), not less than $4,000,000 for each fiscal year shall be made available for the Regional Field Verification Program of the Department. (4) Off-stream pumped storage hydropower \nOf the funds authorized under subsection (a), such sums as may be necessary shall be made available for demonstration projects of off-stream pumped storage hydropower. (f) Consultation \nIn carrying out this subtitle, the Secretary, in consultation with the Secretary of Agriculture, shall demonstrate the use of advanced wind power technology, including combined use with coal gasification; biomass; geothermal energy systems; and other renewable energy technologies to assist in delivering electricity to rural and remote locations.", "id": "HAA2E2C1EE99B4CD68EB4F9B0043EF74", "header": "Renewable energy" }, { "text": "919. Bioenergy programs \n(a) Definitions \nFor the purposes of this section: (1) The term agricultural byproducts includes waste products, including poultry fat and poultry waste. (2) The term cellulosic biomass means any portion of a crop containing lignocellulose or hemicellulose, including barley grain, grapeseed, forest thinnings, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse, or any crop grown specifically for the purpose of producing cellulosic feedstocks. (b) Program \nThe Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including— (1) biopower energy systems; (2) biofuels; (3) bio-based products; (4) integrated biorefineries that may produce biopower, biofuels, and bio-based products; (5) cross-cutting research and development in feedstocks and enzymes; and (6) economic analysis. (c) Biofuels and bio-based products \nThe goals of the biofuels and bio-based products programs shall be to develop, in partnership with industry— (1) advanced biochemical and thermochemical conversion technologies capable of making biofuels that are price-competitive with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles, and bio-based products from a variety of feedstocks, including grains, cellulosic biomass, and other agricultural byproducts; and (2) advanced biotechnology processes capable of making biofuels and bio-based products with emphasis on development of biorefinery technologies using enzyme-based processing systems.", "id": "HB3BE1B30441E4FF191E88C0780358900", "header": "Bioenergy programs" }, { "text": "920. Concentrating solar power research and development Program \n(a) In general \nThe Secretary shall conduct a program of research and development to evaluate the potential of concentrating solar power for hydrogen production, including cogeneration approaches for both hydrogen and electricity. Such program shall take advantage of existing facilities to the extent possible and shall include— (1) development of optimized technologies that are common to both electricity and hydrogen production; (2) evaluation of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power; (3) evaluation of materials issues for the thermochemical cycles described in paragraph (2); (4) system architectures and economics studies; and (5) coordination with activities in the Advanced Reactor Hydrogen Cogeneration Project on high temperature materials, thermochemical cycles, and economic issues. (b) Assessment \nIn carrying out the program under this section, the Secretary shall— (1) assess conflicting guidance on the economic potential of concentrating solar power for electricity production received from the National Research Council report entitled Renewable Power Pathways: A Review of the U.S. Department of Energy’s Renewable Energy Programs in 2000 and subsequent Department-funded reviews of that report; and (2) provide an assessment of the potential impact of the technology before, or concurrent with, submission of the fiscal year 2006 budget. (c) Report \nNot later than 5 years after the date of enactment of this Act, the Secretary shall provide a report to Congress on the economic and technical potential for electricity or hydrogen production, with or without cogeneration, with concentrating solar power, including the economic and technical feasibility of potential construction of a pilot demonstration facility suitable for commercial production of electricity or hydrogen from concentrating solar power.", "id": "HBB0AC50861344A32A33F1EAAB46D334F", "header": "Concentrating solar power research and development Program" }, { "text": "921. Miscellaneous projects \nThe Secretary may conduct research, development, demonstration, and commercial application programs for— (1) ocean energy, including wave energy; and (2) the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of wind power and coal gasification technologies.", "id": "HAF61F9B0F98F448797C74E2E78EF8978", "header": "Miscellaneous projects" }, { "text": "922. Renewable energy in public buildings \n(a) Demonstration and Technology transfer Program \nThe Secretary shall establish a program for the demonstration of innovative technologies for solar and other renewable energy sources in buildings owned or operated by a State or local government, and for the dissemination of information resulting from such demonstration to interested parties. (b) Limit on Federal funding \nThe Secretary shall provide under this section no more than 40 percent of the incremental costs of the solar or other renewable energy source project funded. (c) Requirement \nAs part of the application for awards under this section, the Secretary shall require all applicants— (1) to demonstrate a continuing commitment to the use of solar and other renewable energy sources in buildings they own or operate; and (2) to state how they expect any award to further their transition to the significant use of renewable energy.", "id": "H07D1C86679AD4BC59D97A1581EF15783", "header": "Renewable energy in public buildings" }, { "text": "923. Study of marine renewable energy options \n(a) In general \nThe Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study on— (1) the feasibility of various methods of renewable generation of energy from the ocean, including energy from waves, tides, currents, and thermal gradients; and (2) the research, development, demonstration, and commercial application activities required to make marine renewable energy generation competitive with other forms of electricity generation. (b) Transmittal \nNot later than 1 year after the date of enactment of this Act, the Secretary shall transmit the study to Congress along with the Secretary’s recommendations for implementing the results of the study.", "id": "H660C2804E69A4ECD8BF942AFEE387B3C", "header": "Study of marine renewable energy options" }, { "text": "924. Nuclear energy \n(a) Core programs \nThe following sums are authorized to be appropriated to the Secretary for nuclear energy research, development, demonstration, and commercial application activities, including activities authorized under this subtitle, other than those described in subsection (b): (1) For fiscal year 2004, $273,000,000. (2) For fiscal year 2005, $355,000,000. (3) For fiscal year 2006, $430,000,000. (4) For fiscal year 2007, $455,000,000. (5) For fiscal year 2008, $545,000,000. (b) Nuclear infrastructure support \nThe following sums are authorized to be appropriated to the Secretary for activities under section 925(e): (1) For fiscal year 2004, $125,000,000. (2) For fiscal year 2005, $130,000,000. (3) For fiscal year 2006, $135,000,000. (4) For fiscal year 2007, $140,000,000. (5) For fiscal year 2008, $145,000,000. (c) Allocations \nFrom amounts authorized under subsection (a), the following sums are authorized: (1) For activities under section 926— (A) for fiscal year 2004, $140,000,000; (B) for fiscal year 2005, $145,000,000; (C) for fiscal year 2006, $150,000,000; (D) for fiscal year 2007, $155,000,000; and (E) for fiscal year 2008, $275,000,000. (2) For activities under section 927— (A) for fiscal year 2004, $35,200,000; (B) for fiscal year 2005, $44,350,000; (C) for fiscal year 2006, $49,200,000; (D) for fiscal year 2007, $54,950,000; and (E) for fiscal year 2008, $60,000,000. (3) For activities under section 929, for each of fiscal years 2004 through 2008, $6,000,000. (d) Limitation on use of funds \nNone of the funds authorized under this section may be used for decommissioning the Fast Flux Test Facility.", "id": "H0BE648CEE87343E79B85762F7BB4E2AD", "header": "Nuclear energy" }, { "text": "925. Nuclear energy research and development programs \n(a) Nuclear Energy Research Initiative \nThe Secretary shall carry out a Nuclear Energy Research Initiative for research and development related to nuclear energy. (b) Nuclear Energy Plant Optimization Program \nThe Secretary shall carry out a Nuclear Energy Plant Optimization Program to support research and development activities addressing reliability, availability, productivity, component aging, safety, and security of existing nuclear power plants. (c) Nuclear Power 2010 Program \nThe Secretary shall carry out a Nuclear Power 2010 Program, consistent with recommendations in the October 2001 report entitled A Roadmap to Deploy New Nuclear Power Plants in the United States by 2010 issued by the Nuclear Energy Research Advisory Committee of the Department. Whatever type of reactor is chosen for the hydrogen cogeneration project under subtitle C of title VI, that type shall not be addressed in the Program under this section. The Program shall include— (1) support for first-of-a-kind engineering design and certification expenses of advanced nuclear power plant designs, which offer improved safety and economics over current conventional plants and the promise of near-term to medium-term commercial deployment; (2) action by the Secretary to encourage domestic power companies to install new nuclear plant capacity as soon as possible; (3) utilization of the expertise and capabilities of industry, universities, and National Laboratories in evaluation of advanced nuclear fuel cycles and fuels testing; (4) consideration of proliferation-resistant passively-safe, small reactors suitable for long-term electricity production without refueling and suitable for use in remote installations; (5) participation of international collaborators in research, development, design, and deployment efforts as appropriate and consistent with United States interests in nonproliferation of nuclear weapons; (6) encouragement for university and industry participation; and (7) selection of projects such as to strengthen the competitive position of the domestic nuclear power industrial infrastructure. (d) Generation IV Nuclear Energy Systems Initiative \nThe Secretary shall carry out a Generation IV Nuclear Energy Systems Initiative to develop an overall technology plan and to support research and development necessary to make an informed technical decision about the most promising candidates for eventual commercial application. The Initiative shall examine advanced proliferation-resistant and passively safe reactor designs, including designs that— (1) are economically competitive with other electric power generation plants; (2) have higher efficiency, lower cost, and improved safety compared to reactors in operation on the date of enactment of this Act; (3) use fuels that are proliferation-resistant and have substantially reduced production of high-level waste per unit of output; and (4) use improved instrumentation. (e) Nuclear infrastructure support \nThe Secretary shall develop and implement a strategy for the facilities of the Office of Nuclear Energy, Science, and Technology and shall transmit a report containing the strategy along with the President’s budget request to Congress for fiscal year 2006.", "id": "H53A91BFC8A544429A0A12CB5327F5572", "header": "Nuclear energy research and development programs" }, { "text": "926. Advanced fuel cycle Initiative \n(a) In general \nThe Secretary, through the Director of the Office of Nuclear Energy, Science, and Technology, shall conduct an advanced fuel recycling technology research and development program to evaluate proliferation-resistant fuel recycling and transmutation technologies that minimize environmental or public health and safety impacts as an alternative to aqueous reprocessing technologies deployed as of the date of enactment of this Act in support of evaluation of alternative national strategies for spent nuclear fuel and the Generation IV advanced reactor concepts, subject to annual review by the Secretary’s Nuclear Energy Research Advisory Committee or other independent entity, as appropriate. Opportunities to enhance progress of the program through international cooperation should be sought. (b) Reports \nThe Secretary shall report on the activities of the advanced fuel recycling technology research and development program as part of the Department’s annual budget submission.", "id": "H9AD015ED86A44D518D636310A012B199", "header": "Advanced fuel cycle Initiative" }, { "text": "927. University nuclear science and engineering support \n(a) Establishment \nThe Secretary shall support a program to invest in human resources and infrastructure in the nuclear sciences and engineering and related fields (including health physics and nuclear and radiochemistry), consistent with departmental missions related to civilian nuclear research and development. (b) Duties \nIn carrying out the program under this section, the Secretary shall establish fellowship and faculty assistance programs, as well as provide support for fundamental research and encourage collaborative research among industry, National Laboratories, and universities through the Nuclear Energy Research Initiative. The Secretary is encouraged to support activities addressing the entire fuel cycle through involvement of both the Office of Nuclear Energy, Science, and Technology and the Office of Civilian Radioactive Waste Management. The Secretary shall support communication and outreach related to nuclear science, engineering, and nuclear waste management, consistent with interests of the United States in nonproliferation of nuclear weapons capabilities. (c) Strengthening university research and training reactors and associated infrastructure \nActivities under this section may include— (1) converting research and training reactors currently using high-enrichment fuels to low-enrichment fuels, upgrading operational instrumentation, and sharing of reactors among institutions of higher education; (2) providing technical assistance, in collaboration with the United States nuclear industry, in relicensing and upgrading research and training reactors as part of a student training program; and (3) providing funding, through the Innovations in Nuclear Infrastructure and Education Program, for reactor improvements as part of a focused effort that emphasizes research, training, and education. (d) University National Laboratory interactions \nThe Secretary shall develop sabbatical fellowship and visiting scientist programs to encourage sharing of personnel between National Laboratories and universities. (e) Operating and maintenance costs \nFunding for a research project provided under this section may be used to offset a portion of the operating and maintenance costs of a research and training reactor at an institution of higher education used in the research project.", "id": "HBAC318E048F644A5AF454BA745E14024", "header": "University nuclear science and engineering support" }, { "text": "928. Security of reactor designs \nThe Secretary, through the Director of the Office of Nuclear Energy, Science, and Technology, shall conduct a research and development program on cost-effective technologies for increasing the safety of reactor designs from natural phenomena and the security of reactor designs from deliberate attacks.", "id": "H027FEA9A8ED9452A002BD2D4723D03E5", "header": "Security of reactor designs" }, { "text": "929. Alternatives to industrial radioactive sources \n(a) Study \nThe Secretary shall conduct a study and provide a report to Congress not later than August 1, 2004. The study shall— (1) survey industrial applications of large radioactive sources, including well-logging sources; (2) review current domestic and international Department, Department of Defense, Department of State, and commercial programs to manage and dispose of radioactive sources; (3) discuss disposal options and practices for currently deployed or future sources and, if deficiencies are noted in existing disposal options or practices for either deployed or future sources, recommend options to remedy deficiencies; and (4) develop a program plan for research and development to develop alternatives to large industrial sources that reduce safety, environmental, or proliferation risks to either workers using the sources or the public. (b) Program \nThe Secretary shall establish a research and development program to implement the program plan developed under subsection (a)(4). The program shall include miniaturized particle accelerators for well-logging or other industrial applications and portable accelerators for production of short-lived radioactive materials at an industrial site.", "id": "H612CACE9C72148AEAE7ED2834C2FC0C6", "header": "Alternatives to industrial radioactive sources" }, { "text": "930. Geological isolation of spent fuel \nThe Secretary shall conduct a study to determine the feasibility of deep borehole disposal of spent nuclear fuel and high-level radioactive waste. The study shall emphasize geological, chemical, and hydrological characterization of, and design of engineered structures for, deep borehole environments. Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit the study to Congress.", "id": "HDE08FA59E36D466FA78645E7157D198C", "header": "Geological isolation of spent fuel" }, { "text": "931. Fossil energy \n(a) In general \nThe following sums are authorized to be appropriated to the Secretary for fossil energy research, development, demonstration, and commercial application activities, including activities authorized under this part: (1) For fiscal year 2004, $530,000,000. (2) For fiscal year 2005, $556,000,000. (3) For fiscal year 2006, $583,000,000. (4) For fiscal year 2007, $611,000,000. (5) For fiscal year 2008, $626,000,000. (b) Allocations \nFrom amounts authorized under subsection (a), the following sums are authorized: (1) For activities under section 932(b)(2), $28,000,000 for each of the fiscal years 2004 through 2008. (2) For activities under section 934— (A) for fiscal year 2004, $12,000,000; (B) for fiscal year 2005, $15,000,000; and (C) for each of fiscal years 2006 through 2008, $20,000,000. (3) For activities under section 935— (A) for fiscal year 2004, $259,000,000; (B) for fiscal year 2005, $272,000,000; (C) for fiscal year 2006, $285,000,000; (D) for fiscal year 2007, $298,000,000; and (E) for fiscal year 2008, $308,000,000. (4) For the Office of Arctic Energy under section 3197 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 42 U.S.C. 7144d ), $25,000,000 for each of fiscal years 2004 through 2008. (5) For activities under section 933, $4,000,000 for fiscal year 2004 and $2,000,000 for each of fiscal years 2005 through 2008. (c) Extended authorization \nThere are authorized to be appropriated to the Secretary for the Office of Arctic Energy under section 3197 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 42 U.S.C. 7144d ), $25,000,000 for each of fiscal years 2009 through 2012. (d) Limits on use of funds \n(1) No funds for certain programs \nNone of the funds authorized under this section may be used for Fossil Energy Environmental Restoration or Import/Export Authorization. (2) Institutions of higher education \nOf the funds authorized under subsection (b)(2), not less than 20 percent of the funds appropriated for each fiscal year shall be dedicated to research and development carried out at institutions of higher education.", "id": "HFECD935DD8DF44DA8148F279EC2BDFCC", "header": "Fossil energy" }, { "text": "932. Oil and gas research programs \n(a) Oil and gas research \nThe Secretary shall conduct a program of research, development, demonstration, and commercial application on oil and gas, including— (1) exploration and production; (2) gas hydrates; (3) reservoir life and extension; (4) transportation and distribution infrastructure; (5) ultraclean fuels; (6) heavy oil and oil shale; (7) related environmental research; and (8) compressed natural gas marine transport. (b) Fuel cells \n(1) In general \nThe Secretary shall conduct a program of research, development, demonstration, and commercial application on fuel cells for low-cost, high-efficiency, fuel-flexible, modular power systems. (2) Improved manufacturing production and processes \nThe demonstrations under paragraph (1) shall include fuel cell technology for commercial, residential, and transportation applications, and distributed generation systems, utilizing improved manufacturing production and processes. (c) Natural gas and oil deposits report \nNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall transmit a report to Congress of the latest estimates of natural gas and oil reserves, reserves growth, and undiscovered resources in Federal and State waters off the coast of Louisiana and Texas. (d) Integrated clean power and energy research \n(1) National Center or consortium of excellence \nThe Secretary shall establish a national center or consortium of excellence in clean energy and power generation, utilizing the resources of the existing Clean Power and Energy Research Consortium, to address the Nation’s critical dependence on energy and the need to reduce emissions. (2) Program \nThe center or consortium shall conduct a program of research, development, demonstration, and commercial application on integrating the following focus areas: (A) Efficiency and reliability of gas turbines for power generation. (B) Reduction in emissions from power generation. (C) Promotion of energy conservation issues. (D) Effectively utilizing alternative fuels and renewable energy. (E) Development of advanced materials technology for oil and gas exploration and utilization in harsh environments. (F) Education on energy and power generation issues.", "id": "HFB5EB1DE7DE7444D80BEA5A6A077E68D", "header": "Oil and gas research programs" }, { "text": "933. Technology transfer \nThe Secretary shall establish a competitive program to award a contract to a nonprofit entity for the purpose of transferring technologies developed with public funds. The entity selected under this section shall have experience in offshore oil and gas technology research management, in the transfer of technologies developed with public funds to the offshore and maritime industry, and in management of an offshore and maritime industry consortium. The program consortium selected under section 942 shall not be eligible for selection under this section. When appropriate, the Secretary shall consider utilizing the entity selected under this section when implementing the activities authorized by section 975.", "id": "HEDF5DE689BBF4801A1BA006BBA4D41D", "header": "Technology transfer" }, { "text": "934. Research and development for coal mining technologies \n(a) Establishment \nThe Secretary shall carry out a program of research and development on coal mining technologies. The Secretary shall cooperate with appropriate Federal agencies, coal producers, trade associations, equipment manufacturers, institutions of higher education with mining engineering departments, and other relevant entities. (b) Program \nThe research and development activities carried out under this section shall— (1) be guided by the mining research and development priorities identified by the Mining Industry of the Future Program and in the recommendations from relevant reports of the National Academy of Sciences on mining technologies; (2) include activities exploring minimization of contaminants in mined coal that contribute to environmental concerns including development and demonstration of electromagnetic wave imaging ahead of mining operations; (3) develop and demonstrate electromagnetic wave imaging and radar techniques for horizontal drilling in coal beds in order to increase methane recovery efficiency, prevent spoilage of domestic coal reserves, and minimize water disposal associated with methane extraction; and (4) expand mining research capabilities at institutions of higher education.", "id": "HB86A87944BC84CCE962EB86679003880", "header": "Research and development for coal mining technologies" }, { "text": "935. Coal and related technologies Program \n(a) In general \nIn addition to the programs authorized under title IV, the Secretary shall conduct a program of technology research, development, demonstration, and commercial application for coal and power systems, including programs to facilitate production and generation of coal-based power through— (1) innovations for existing plants; (2) integrated gasification combined cycle; (3) advanced combustion systems; (4) turbines for synthesis gas derived from coal; (5) carbon capture and sequestration research and development; (6) coal-derived transportation fuels and chemicals; (7) solid fuels and feedstocks; (8) advanced coal-related research; (9) advanced separation technologies; and (10) a joint project for permeability enhancement in coals for natural gas production and carbon dioxide sequestration. (b) Cost and performance goals \nIn carrying out programs authorized by this section, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and the years after 2020. In establishing such cost and performance goals, the Secretary shall— (1) consider activities and studies undertaken to date by industry in cooperation with the Department in support of such assessment; (2) consult with interested entities, including coal producers, industries using coal, organizations to promote coal and advanced coal technologies, environmental organizations, and organizations representing workers; (3) not later than 120 days after the date of enactment of this Act, publish in the Federal Register proposed draft cost and performance goals for public comments; and (4) not later than 180 days after the date of enactment of this Act and every 4 years thereafter, submit to Congress a report describing final cost and performance goals for such technologies that includes a list of technical milestones as well as an explanation of how programs authorized in this section will not duplicate the activities authorized under the Clean Coal Power Initiative authorized under subtitle A of title IV.", "id": "H1F2986078E274EC6BEBF43A89BD92818", "header": "Coal and related technologies Program" }, { "text": "936. Complex Well Technology Testing Facility \nThe Secretary, in coordination with industry leaders in extended research drilling technology, shall establish a Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center to increase the range of extended drilling technologies.", "id": "HE3BE5E69AB5E4551B64F7F5CA8BDBAA", "header": "Complex Well Technology Testing Facility" }, { "text": "937. Fischer-Tropsch diesel fuel loan guarantee Program \n(a) Definition of Fischer-Tropsch diesel fuel \nIn this section, the term Fischer-Tropsch diesel fuel means diesel fuel that— (1) contains less than 10 parts per million sulfur; and (2) is produced through the Fischer-Tropsch liquification process from coal or waste from coal that was mined in the United States. (b) Loan guarantees \n(1) Establishment of Program \nThe Secretary of Energy shall establish a program to provide guarantees of loans by private lending institutions for the construction of facilities for the production of Fischer-Tropsch diesel fuel and commercial byproducts of that production. (2) Requirements \nThe Secretary may provide a loan guarantee under paragraph (1) if— (A) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in paragraph (1); (B) the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and (C) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan. (3) Criteria \nIn selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that— (A) meet all Federal and State permitting requirements; (B) are most likely to be successful; and (C) are located in local markets that have the greatest need for the facility because of— (i) the availability of domestic coal or coal waste for conversion; or (ii) a projected high level of demand for Fischer-Tropsch diesel fuel or other commercial byproducts of the facility. (4) Maturity \nA loan guaranteed under paragraph (1) shall have a maturity of not more than 25 years. (5) Terms and conditions \nThe loan agreement for a loan guaranteed under paragraph (1) shall provide that no provision of the loan may be amended or waived without the consent of the Secretary. (6) Guarantee fee \nA recipient of a loan guarantee under paragraph (1) shall pay the Secretary an amount to be determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee. (7) Full faith and credit \n(A) In general \nThe full faith and credit of the United States is pledged to payment of loan guarantees made under this section. (B) Conclusive evidence \nAny loan guarantee made by the Secretary under this section shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. (C) Validity \nThe validity of a loan guarantee shall be incontestable in the hands of a holder of the guaranteed loan. (8) Reports \nUntil each guaranteed loan under this section is repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section. (9) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section. (10) Termination of authority \nThe authority of the Secretary to issue a new loan guarantee under paragraph (1) terminates on the date that is 5 years after the date of enactment of this Act.", "id": "H06368B89DC1D47C48B77E537D8007533", "header": "Fischer-Tropsch diesel fuel loan guarantee Program" }, { "text": "941. Program authority \n(a) In general \nThe Secretary shall carry out a program under this part of research, development, demonstration, and commercial application of technologies for ultra-deepwater and unconventional natural gas and other petroleum resource exploration and production, including addressing the technology challenges for small producers, safe operations, and environmental mitigation (including reduction of greenhouse gas emissions and sequestration of carbon). (b) Program elements \nThe program under this part shall address the following areas, including improving safety and minimizing environmental impacts of activities within each area: (1) Ultra-deepwater technology, including drilling to formations in the Outer Continental Shelf to depths greater than 15,000 feet. (2) Ultra-deepwater architecture. (3) Unconventional natural gas and other petroleum resource exploration and production technology, including the technology challenges of small producers. (c) Limitation on location of field activities \nField activities under the program under this part shall be carried out only— (1) in— (A) areas in the territorial waters of the United States not under any Outer Continental Shelf moratorium as of September 30, 2002; (B) areas onshore in the United States on public land administered by the Secretary of the Interior available for oil and gas leasing, where consistent with applicable law and land use plans; and (C) areas onshore in the United States on State or private land, subject to applicable law; and (2) with the approval of the appropriate Federal or State land management agency or private land owner. (d) Research at National Energy Technology Laboratory \nThe Secretary, through the National Energy Technology Laboratory, shall carry out research complementary to research under subsection (b). (e) Consultation with Secretary of the Interior \nIn carrying out this part, the Secretary shall consult regularly with the Secretary of the Interior.", "id": "H0118D144CEC448B8AEB89648E54875A6", "header": "Program authority" }, { "text": "942. Ultra-deepwater Program \n(a) In general \nThe Secretary shall carry out the activities under section 941(a), to maximize the use of the ultra-deepwater natural gas and other petroleum resources of the United States by increasing the supply of such resources, through reducing the cost and increasing the efficiency of exploration for and production of such resources, while improving safety and minimizing environmental impacts. (b) Role of the Secretary \nThe Secretary shall have ultimate responsibility for, and oversight of, all aspects of the program under this section. (c) Role of the Program consortium \n(1) In general \nThe Secretary may contract with a consortium to— (A) manage awards pursuant to subsection (f)(4); (B) make recommendations to the Secretary for project solicitations; (C) disburse funds awarded under subsection (f) as directed by the Secretary in accordance with the annual plan under subsection (e); and (D) carry out other activities assigned to the program consortium by this section. (2) Limitation \nThe Secretary may not assign any activities to the program consortium except as specifically authorized under this section. (3) Conflict of interest \n(A) Procedures \nThe Secretary shall establish procedures— (i) to ensure that each board member, officer, or employee of the program consortium who is in a decision-making capacity under subsection (f)(3) or (4) shall disclose to the Secretary any financial interests in, or financial relationships with, applicants for or recipients of awards under this section, including those of his or her spouse or minor child, unless such relationships or interests would be considered to be remote or inconsequential; and (ii) to require any board member, officer, or employee with a financial relationship or interest disclosed under clause (i) to recuse himself or herself from any review under subsection (f)(3) or oversight under subsection (f)(4) with respect to such applicant or recipient. (B) Failure to comply \nThe Secretary may disqualify an application or revoke an award under this section if a board member, officer, or employee has failed to comply with procedures required under subparagraph (A)(ii). (d) Selection of the Program consortium \n(1) In general \nThe Secretary shall select the program consortium through an open, competitive process. (2) Members \nThe program consortium may include corporations, trade associations, institutions of higher education, National Laboratories, or other research institutions. After submitting a proposal under paragraph (4), the program consortium may not add members without the consent of the Secretary. (3) Tax status \nThe program consortium shall be an entity that is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986. (4) Schedule \nNot later than 180 days after the date of enactment of this Act, the Secretary shall solicit proposals from eligible consortia to perform the duties in subsection (c)(1), which shall be submitted not later than 360 days after the date of enactment of this Act. The Secretary shall select the program consortium not later than 18 months after such date of enactment. (5) Application \nApplicants shall submit a proposal including such information as the Secretary may require. At a minimum, each proposal shall— (A) list all members of the consortium; (B) fully describe the structure of the consortium, including any provisions relating to intellectual property; and (C) describe how the applicant would carry out the activities of the program consortium under this section. (6) Eligibility \nTo be eligible to be selected as the program consortium, an applicant must be an entity whose members collectively have demonstrated capabilities in planning and managing research, development, demonstration, and commercial application programs in natural gas or other petroleum exploration or production. (7) Criterion \nThe Secretary shall consider the amount of the fee an applicant proposes to receive under subsection (g) in selecting a consortium under this section. (e) Annual plan \n(1) In general \nThe program under this section shall be carried out pursuant to an annual plan prepared by the Secretary in accordance with paragraph (2). (2) Development \n(A) Solicitation of recommendations \nBefore drafting an annual plan under this subsection, the Secretary shall solicit specific written recommendations from the program consortium for each element to be addressed in the plan, including those described in paragraph (4). The Secretary may request that the program consortium submit its recommendations in the form of a draft annual plan. (B) Submission of recommendations; other comment \nThe Secretary shall submit the recommendations of the program consortium under subparagraph (A) to the Ultra-Deepwater Advisory Committee established under section 945(a) for review, and such Advisory Committee shall provide to the Secretary written comments by a date determined by the Secretary. The Secretary may also solicit comments from any other experts. (C) Consultation \nThe Secretary shall consult regularly with the program consortium throughout the preparation of the annual plan. (3) Publication \nThe Secretary shall transmit to Congress and publish in the Federal Register the annual plan, along with any written comments received under paragraph (2)(A) and (B). (4) Contents \nThe annual plan shall describe the ongoing and prospective activities of the program under this section and shall include— (A) a list of any solicitations for awards that the Secretary plans to issue to carry out research, development, demonstration, or commercial application activities, including the topics for such work, who would be eligible to apply, selection criteria, and the duration of awards; and (B) a description of the activities expected of the program consortium to carry out subsection (f)(4). (5) Estimates of increased royalty receipts \nThe Secretary, in consultation with the Secretary of the Interior, shall provide an annual report to Congress with the President’s budget on the estimated cumulative increase in Federal royalty receipts (if any) resulting from the implementation of this part. The initial report under this paragraph shall be submitted in the first President’s budget following the completion of the first annual plan required under this subsection. (f) Awards \n(1) In general \nThe Secretary shall make awards to carry out research, development, demonstration, and commercial application activities under the program under this section. The program consortium shall not be eligible to receive such awards, but members of the program consortium may receive such awards. (2) Proposals \nThe Secretary shall solicit proposals for awards under this subsection in such manner and at such time as the Secretary may prescribe, in consultation with the program consortium. (3) Review \nThe Secretary shall make awards under this subsection through a competitive process, which shall include a review by individuals selected by the Secretary. Such individuals shall include, for each application, Federal officials, the program consortium, and non-Federal experts who are not board members, officers, or employees of the program consortium or of a member of the program consortium. (4) Oversight \n(A) In general \nThe program consortium shall oversee the implementation of awards under this subsection, consistent with the annual plan under subsection (e), including disbursing funds and monitoring activities carried out under such awards for compliance with the terms and conditions of the awards. (B) Effect \nNothing in subparagraph (A) shall limit the authority or responsibility of the Secretary to oversee awards, or limit the authority of the Secretary to review or revoke awards. (C) Provision of information \nThe Secretary shall provide to the program consortium the information necessary for the program consortium to carry out its responsibilities under this paragraph. (g) Administrative costs \n(1) In general \nTo compensate the program consortium for carrying out its activities under this section, the Secretary shall provide to the program consortium funds sufficient to administer the program. This compensation may include a management fee consistent with Department of Energy contracting practices and procedures. (2) Advance \nThe Secretary shall advance funds to the program consortium upon selection of the consortium, which shall be deducted from amounts to be provided under paragraph (1). (h) Audit \nThe Secretary shall retain an independent, commercial auditor to determine the extent to which funds provided to the program consortium, and funds provided under awards made under subsection (f), have been expended in a manner consistent with the purposes and requirements of this part. The auditor shall transmit a report annually to the Secretary, who shall transmit the report to Congress, along with a plan to remedy any deficiencies cited in the report.", "id": "H7B7881AFFCFE47E4A8AA223CD81461B3", "header": "Ultra-deepwater Program" }, { "text": "943. Unconventional natural gas and other petroleum resources Program \n(a) In general \nThe Secretary shall carry out activities under subsection 941(b)(3), to maximize the use of the onshore unconventional natural gas and other petroleum resources of the United States, by increasing the supply of such resources, through reducing the cost and increasing the efficiency of exploration for and production of such resources, while improving safety and minimizing environmental impacts. (b) Awards \n(1) In general \nThe Secretary shall carry out this section through awards to research consortia made through an open, competitive process. As a condition of award of funds, qualified research consortia shall— (A) demonstrate capability and experience in unconventional onshore natural gas or other petroleum research and development; (B) provide a research plan that demonstrates how additional natural gas or oil production will be achieved; and (C) at the request of the Secretary, provide technical advice to the Secretary for the purposes of developing the annual plan required under subsection (e). (2) Production potential \nThe Secretary shall seek to ensure that the number and types of awards made under this subsection have reasonable potential to lead to additional oil and natural gas production on Federal lands. (3) Schedule \nTo carry out this subsection, not later than 180 days after the date of enactment of this Act, the Secretary shall solicit proposals from research consortia, which shall be submitted not later than 360 days after the date of enactment of this Act. The Secretary shall select the first group of research consortia to receive awards under this subsection not later than 18 months after such date of enactment. (c) Audit \nThe Secretary shall retain an independent, commercial auditor to determine the extent to which funds provided under awards made under this section have been expended in a manner consistent with the purposes and requirements of this part. The auditor shall transmit a report annually to the Secretary, who shall transmit the report to Congress, along with a plan to remedy any deficiencies cited in the report. (d) Focus areas for awards \n(1) Unconventional resources \nAwards from allocations under section 949(d)(2) shall focus on areas including advanced coalbed methane, deep drilling, natural gas production from tight sands, natural gas production from gas shales, stranded gas, innovative exploration and production techniques, enhanced recovery techniques, and environmental mitigation of unconventional natural gas and other petroleum resources exploration and production. (2) Small producers \nAwards from allocations under section 949(d)(3) shall be made to consortia consisting of small producers or organized primarily for the benefit of small producers, and shall focus on areas including complex geology involving rapid changes in the type and quality of the oil and gas reservoirs across the reservoir; low reservoir pressure; unconventional natural gas reservoirs in coalbeds, deep reservoirs, tight sands, or shales; and unconventional oil reservoirs in tar sands and oil shales. (e) Annual plan \n(1) In general \nThe program under this section shall be carried out pursuant to an annual plan prepared by the Secretary in accordance with paragraph (2). (2) Development \n(A) Written recommendations \nBefore drafting an annual plan under this subsection, the Secretary shall solicit specific written recommendations from the research consortia receiving awards under subsection (b) and the Unconventional Resources Technology Advisory Committee for each element to be addressed in the plan, including those described in subparagraph (D). (B) Consultation \nThe Secretary shall consult regularly with the research consortia throughout the preparation of the annual plan. (C) Publication \nThe Secretary shall transmit to Congress and publish in the Federal Register the annual plan, along with any written comments received under subparagraph (A). (D) Contents \nThe annual plan shall describe the ongoing and prospective activities under this section and shall include a list of any solicitations for awards that the Secretary plans to issue to carry out research, development, demonstration, or commercial application activities, including the topics for such work, who would be eligible to apply, selection criteria, and the duration of awards. (3) Estimates of increased royalty receipts \nThe Secretary, in consultation with the Secretary of the Interior, shall provide an annual report to Congress with the President’s budget on the estimated cumulative increase in Federal royalty receipts (if any) resulting from the implementation of this part. The initial report under this paragraph shall be submitted in the first President’s budget following the completion of the first annual plan required under this subsection. (f) Activities by the United States Geological Survey \nThe Secretary of the Interior, through the United States Geological Survey, shall, where appropriate, carry out programs of long-term research to complement the programs under this section.", "id": "HABF32B4F0C234BF8A700815F830092E3", "header": "Unconventional natural gas and other petroleum resources Program" }, { "text": "944. Additional requirements for awards \n(a) Demonstration projects \nAn application for an award under this part for a demonstration project shall describe with specificity the intended commercial use of the technology to be demonstrated. (b) Flexibility in locating demonstration projects \nSubject to the limitation in section 941(c), a demonstration project under this part relating to an ultra-deepwater technology or an ultra-deepwater architecture may be conducted in deepwater depths. (c) Intellectual property agreements \nIf an award under this part is made to a consortium (other than the program consortium), the consortium shall provide to the Secretary a signed contract agreed to by all members of the consortium describing the rights of each member to intellectual property used or developed under the award. (d) Technology transfer \n2.5 percent of the amount of each award made under this part shall be designated for technology transfer and outreach activities under this title. (e) Cost sharing reduction for independent producers \nIn applying the cost sharing requirements under section 972 to an award under this part the Secretary may reduce or eliminate the non-Federal requirement if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project.", "id": "H7D24F5DFEFC84EC0983469FEC4F3293C", "header": "Additional requirements for awards" }, { "text": "945. Advisory committees \n(a) Ultra-Deepwater Advisory Committee \n(1) Establishment \nNot later than 270 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the Ultra-Deepwater Advisory Committee. (2) Membership \nThe advisory committee under this subsection shall be composed of members appointed by the Secretary including— (A) individuals with extensive research experience or operational knowledge of offshore natural gas and other petroleum exploration and production; (B) individuals broadly representative of the affected interests in ultra-deepwater natural gas and other petroleum production, including interests in environmental protection and safe operations; (C) no individuals who are Federal employees; and (D) no individuals who are board members, officers, or employees of the program consortium. (3) Duties \nThe advisory committee under this subsection shall— (A) advise the Secretary on the development and implementation of programs under this part related to ultra-deepwater natural gas and other petroleum resources; and (B) carry out section 942(e)(2)(B). (4) Compensation \nA member of the advisory committee under this subsection shall serve without compensation but shall receive travel expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (b) Unconventional Resources Technology Advisory Committee \n(1) Establishment \nNot later than 270 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the Unconventional Resources Technology Advisory Committee. (2) Membership \nThe advisory committee under this subsection shall be composed of members appointed by the Secretary including— (A) a majority of members who are employees or representatives of independent producers of natural gas and other petroleum, including small producers; (B) individuals with extensive research experience or operational knowledge of unconventional natural gas and other petroleum resource exploration and production; (C) individuals broadly representative of the affected interests in unconventional natural gas and other petroleum resource exploration and production, including interests in environmental protection and safe operations; and (D) no individuals who are Federal employees. (3) Duties \nThe advisory committee under this subsection shall advise the Secretary on the development and implementation of activities under this part related to unconventional natural gas and other petroleum resources. (4) Compensation \nA member of the advisory committee under this subsection shall serve without compensation but shall receive travel expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Prohibition \nNo advisory committee established under this section shall make recommendations on funding awards to particular consortia or other entities, or for specific projects.", "id": "H7BB25029AAA5463283998987B250A284", "header": "Advisory committees" }, { "text": "946. Limits on participation \nAn entity shall be eligible to receive an award under this part only if the Secretary finds— (1) that the entity’s participation in the program under this part would be in the economic interest of the United States; and (2) that either— (A) the entity is a United States-owned entity organized under the laws of the United States; or (B) the entity is organized under the laws of the United States and has a parent entity organized under the laws of a country that affords— (i) to United States-owned entities opportunities, comparable to those afforded to any other entity, to participate in any cooperative research venture similar to those authorized under this part; (ii) to United States-owned entities local investment opportunities comparable to those afforded to any other entity; and (iii) adequate and effective protection for the intellectual property rights of United States-owned entities.", "id": "H866DC7ADB7E243B5B40959685F640169", "header": "Limits on participation" }, { "text": "947. Sunset \nThe authority provided by this part shall terminate on September 30, 2011.", "id": "HACCE7D3018DD4E499BD5C2500BF3F14", "header": "Sunset" }, { "text": "948. Definitions \nIn this part: (1) Deepwater \nThe term deepwater means a water depth that is greater than 200 but less than 1,500 meters. (2) Independent producer of oil or gas \n(A) In general \nThe term independent producer of oil or gas means any person that produces oil or gas other than a person to whom subsection (c) of section 613A of the Internal Revenue Code of 1986 does not apply by reason of paragraph (2) (relating to certain retailers) or paragraph (4) (relating to certain refiners) of section 613A(d) of such Code. (B) Rules for applying paragraphs (2) and (4) of Section 613a (d) \nFor purposes of subparagraph (A), paragraphs (2) and (4) of section 613A(d) of the Internal Revenue Code of 1986 shall be applied by substituting calendar year for taxable year each place it appears in such paragraphs. (3) Program consortium \nThe term program consortium means the consortium selected under section 942(d). (4) Remote or inconsequential \nThe term remote or inconsequential has the meaning given that term in regulations issued by the Office of Government Ethics under section 208(b)(2) of title 18, United States Code. (5) Small producer \nThe term small producer means an entity organized under the laws of the United States with production levels of less than 1,000 barrels per day of oil equivalent. (6) Ultra-deepwater \nThe term ultra-deepwater means a water depth that is equal to or greater than 1,500 meters. (7) Ultra-deepwater architecture \nThe term ultra-deepwater architecture means the integration of technologies for the exploration for, or production of, natural gas or other petroleum resources located at ultra-deepwater depths. (8) Ultra-deepwater Technology \nThe term ultra-deepwater technology means a discrete technology that is specially suited to address 1 or more challenges associated with the exploration for, or production of, natural gas or other petroleum resources located at ultra-deepwater depths. (9) Unconventional natural gas and other petroleum resource \nThe term unconventional natural gas and other petroleum resource means natural gas and other petroleum resource located onshore in an economically inaccessible geological formation, including resources of small producers.", "id": "HB95CE396420D467395007C79813B7499", "header": "Definitions" }, { "text": "949. Funding \n(a) In general \n(1) Oil and gas lease income \nFor each of fiscal years 2004 through 2013, from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act and the Mineral Leasing Act which are deposited in the Treasury, and after distribution of any such funds as described in subsection (c), $150,000,000 shall be deposited into the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund (in this section referred to as the Fund). For purposes of this section, the term royalties excludes proceeds from the sale of royalty production taken in kind and royalty production that is transferred under section 27(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1353(a)(3) ). (2) Authorization of appropriations \nIn addition to amounts described in paragraph (1), there are authorized to be appropriated to the Secretary, to be deposited in the Fund, $50,000,000 for each of the fiscal years 2004 through 2013, to remain available until expended. (b) Obligational authority \nMonies in the Fund shall be available to the Secretary for obligation under this part without fiscal year limitation, to remain available until expended. (c) Prior distributions \nThe distributions described in subsection (a) are those required by law— (1) to States and to the Reclamation Fund under the Mineral Leasing Act ( 30 U.S.C. 191(a) ); and (2) to other funds receiving monies from Federal oil and gas leasing programs, including— (A) any recipients pursuant to section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ); (B) the Land and Water Conservation Fund, pursuant to section 2(c) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601–5(c) ); (C) the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act ( 16 U.S.C. 470h ); and (D) the Secure Energy Reinvestment Fund. (d) Allocation \nAmounts obligated from the Fund under this section in each fiscal year shall be allocated as follows: (1) 50 percent shall be for activities under section 942. (2) 35 percent shall be for activities under section 943(d)(1). (3) 10 percent shall be for activities under section 943(d)(2). (4) 5 percent shall be for research under section 941(d). (e) Fund \nThere is hereby established in the Treasury of the United States a separate fund to be known as the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund.", "id": "H908DEED4834347958C510268BFA06CEB", "header": "Funding" }, { "text": "951. Science \n(a) In general \nThe following sums are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application activities of the Office of Science, including activities authorized under this subtitle, including the amounts authorized under the amendment made by section 958(c)(2)(C), and including basic energy sciences, advanced scientific computing research, biological and environmental research, fusion energy sciences, high energy physics, nuclear physics, and research analysis and infrastructure support: (1) For fiscal year 2004, $3,785,000,000. (2) For fiscal year 2005, $4,153,000,000. (3) For fiscal year 2006, $4,618,000,000. (4) For fiscal year 2007, $5,310,000,000. (5) For fiscal year 2008, $5,800,000,000. (b) Allocations \nFrom amounts authorized under subsection (a), the following sums are authorized: (1) For activities of the Fusion Energy Sciences Program, including activities under sections 952 and 953— (A) for fiscal year 2004, $335,000,000; (B) for fiscal year 2005, $349,000,000; (C) for fiscal year 2006, $362,000,000; (D) for fiscal year 2007, $377,000,000; and (E) for fiscal year 2008, $393,000,000. (2) For the Spallation Neutron Source— (A) for construction in fiscal year 2004, $124,600,000; (B) for construction in fiscal year 2005, $79,800,000; (C) for completion of construction in fiscal year 2006, $41,100,000; and (D) for other project costs (including research and development necessary to complete the project, preoperations costs, and capital equipment related to construction), $103,279,000 for the period encompassing fiscal years 2003 through 2006, to remain available until expended through September 30, 2006. (3) For Catalysis Research activities under section 956— (A) for fiscal year 2004, $33,000,000; (B) for fiscal year 2005, $35,000,000; (C) for fiscal year 2006, $36,500,000; (D) for fiscal year 2007, $38,200,000; and (E) for fiscal year 2008, $40,100,000. (4) For Nanoscale Science and Engineering Research activities under section 957— (A) for fiscal year 2004, $270,000,000; (B) for fiscal year 2005, $292,000,000; (C) for fiscal year 2006, $322,000,000; (D) for fiscal year 2007, $355,000,000; and (E) for fiscal year 2008, $390,000,000. (5) For activities under section 957(c), from the amounts authorized under paragraph (4) of this subsection— (A) for fiscal year 2004, $135,000,000; (B) for fiscal year 2005, $150,000,000; (C) for fiscal year 2006, $120,000,000; (D) for fiscal year 2007, $100,000,000; and (E) for fiscal year 2008, $125,000,000. (6) For activities in the Genomes to Life Program under section 959— (A) for fiscal year 2004, $100,000,000; and (B) for fiscal years 2005 through 2008, such sums as may be necessary. (7) For activities in the Energy-Water Supply Program under section 961, $30,000,000 for each of fiscal years 2004 through 2008. (c) ITER construction \nIn addition to the funds authorized under subsection (b)(1), such sums as may be necessary for costs associated with ITER construction, consistent with limitations under section 952.", "id": "H994F2FA50E43499D828CF400202F451C", "header": "Science" }, { "text": "952. United States participation in ITER \n(a) In general \nThe United States may participate in ITER in accordance with the provisions of this section. (b) Agreement \n(1) In general \nThe Secretary is authorized to negotiate an agreement for United States participation in ITER. (2) Contents \nAny agreement for United States participation in ITER shall, at a minimum— (A) clearly define the United States financial contribution to construction and operating costs; (B) ensure that the share of ITER’s high-technology components manufactured in the United States is at least proportionate to the United States financial contribution to ITER; (C) ensure that the United States will not be financially responsible for cost overruns in components manufactured in other ITER participating countries; (D) guarantee the United States full access to all data generated by ITER; (E) enable United States researchers to propose and carry out an equitable share of the experiments at ITER; (F) provide the United States with a role in all collective decisionmaking related to ITER; and (G) describe the process for discontinuing or decommissioning ITER and any United States role in those processes. (c) Plan \nThe Secretary, in consultation with the Fusion Energy Sciences Advisory Committee, shall develop a plan for the participation of United States scientists in ITER that shall include the United States research agenda for ITER, methods to evaluate whether ITER is promoting progress toward making fusion a reliable and affordable source of power, and a description of how work at ITER will relate to other elements of the United States fusion program. The Secretary shall request a review of the plan by the National Academy of Sciences. (d) Limitation \nNo funds shall be expended for the construction of ITER until the Secretary has transmitted to Congress— (1) the agreement negotiated pursuant to subsection (b) and 120 days have elapsed since that transmission; (2) a report describing the management structure of ITER and providing a fixed dollar estimate of the cost of United States participation in the construction of ITER, and 120 days have elapsed since that transmission; (3) a report describing how United States participation in ITER will be funded without reducing funding for other programs in the Office of Science, including other fusion programs, and 60 days have elapsed since that transmission; and (4) the plan required by subsection (c) (but not the National Academy of Sciences review of that plan), and 60 days have elapsed since that transmission. (e) Alternative to ITER \nIf at any time during the negotiations on ITER, the Secretary determines that construction and operation of ITER is unlikely or infeasible, the Secretary shall send to Congress, as part of the budget request for the following year, a plan for implementing the domestic burning plasma experiment known as FIRE, including costs and schedules for such a plan. The Secretary shall refine such plan in full consultation with the Fusion Energy Sciences Advisory Committee and shall also transmit such plan to the National Academy of Sciences for review. (f) Definitions \nIn this section and sections 951(b)(1) and (c): (1) Construction \nThe term construction means the physical construction of the ITER facility, and the physical construction, purchase, or manufacture of equipment or components that are specifically designed for the ITER facility, but does not mean the design of the facility, equipment, or components. (2) FIRE \nThe term FIRE means the Fusion Ignition Research Experiment, the fusion research experiment for which design work has been supported by the Department as a possible alternative burning plasma experiment in the event that ITER fails to move forward. (3) ITER \nThe term ITER means the international burning plasma fusion research project in which the President announced United States participation on January 30, 2003.", "id": "H1D2169D5996143219784D514CA90774B", "header": "United States participation in ITER" }, { "text": "953. Plan for Fusion Energy Sciences Program \n(a) Declaration of policy \nIt shall be the policy of the United States to conduct research, development, demonstration, and commercial application to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the United States energy grid utilizing fusion energy at the earliest date possible. (b) Planning \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall present to Congress a plan, with proposed cost estimates, budgets, and potential international partners, for the implementation of the policy described in subsection (a). The plan shall ensure that— (A) existing fusion research facilities are more fully utilized; (B) fusion science, technology, theory, advanced computation, modeling, and simulation are strengthened; (C) new magnetic and inertial fusion research facilities are selected based on scientific innovation, cost effectiveness, and their potential to advance the goal of practical fusion energy at the earliest date possible, and those that are selected are funded at a cost-effective rate; (D) communication of scientific results and methods between the fusion energy science community and the broader scientific and technology communities is improved; (E) inertial confinement fusion facilities are utilized to the extent practicable for the purpose of inertial fusion energy research and development; and (F) attractive alternative inertial and magnetic fusion energy approaches are more fully explored. (2) Costs and schedules \nSuch plan shall also address the status of and, to the degree possible, costs and schedules for— (A) in coordination with the program under section 960, the design and implementation of international or national facilities for the testing of fusion materials; and (B) the design and implementation of international or national facilities for the testing and development of key fusion technologies.", "id": "H85B2732694E944B19697F051F2A2F8EB", "header": "Plan for Fusion Energy Sciences Program" }, { "text": "954. Spallation Neutron Source \n(a) Definition \nFor the purposes of this section, the term Spallation Neutron Source means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee. (b) Report \nThe Secretary shall report on the Spallation Neutron Source as part of the Department’s annual budget submission, including a description of the achievement of milestones, a comparison of actual costs to estimated costs, and any changes in estimated project costs or schedule. (c) Limitations \nThe total amount obligated by the Department, including prior year appropriations, for the Spallation Neutron Source shall not exceed— (1) $1,192,700,000 for costs of construction; (2) $219,000,000 for other project costs; and (3) $1,411,700,000 for total project cost.", "id": "H2AB7664FEEC44DEE81B44467525AE35", "header": "Spallation Neutron Source" }, { "text": "955. Support for science and energy facilities and infrastructure \n(a) Facility and infrastructure policy \nThe Secretary shall develop and implement a strategy for facilities and infrastructure supported primarily from the Office of Science, the Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, or the Office of Nuclear Energy, Science, and Technology Programs at all National Laboratories and single-purpose research facilities. Such strategy shall provide cost-effective means for— (1) maintaining existing facilities and infrastructure, as needed; (2) closing unneeded facilities; (3) making facility modifications; and (4) building new facilities. (b) Report \n(1) In general \nThe Secretary shall prepare and transmit, along with the President’s budget request to Congress for fiscal year 2006, a report containing the strategy developed under subsection (a). (2) Contents \nFor each National Laboratory and single-purpose research facility, for the facilities primarily used for science and energy research, such report shall contain— (A) the current priority list of proposed facilities and infrastructure projects, including cost and schedule requirements; (B) a current 10-year plan that demonstrates the reconfiguration of its facilities and infrastructure to meet its missions and to address its long-term operational costs and return on investment; (C) the total current budget for all facilities and infrastructure funding; and (D) the current status of each facility and infrastructure project compared to the original baseline cost, schedule, and scope.", "id": "HAE96EC66A5A74BDD924CF11896E0C8AE", "header": "Support for science and energy facilities and infrastructure" }, { "text": "956. Catalysis Research and development Program \n(a) Establishment \nThe Secretary, through the Office of Science, shall support a program of research and development in catalysis science consistent with the Department’s statutory authorities related to research and development. The program shall include efforts to— (1) enable catalyst design using combinations of experimental and mechanistic methodologies coupled with computational modeling of catalytic reactions at the molecular level; (2) develop techniques for high throughput synthesis, assay, and characterization at nanometer and subnanometer scales in situ under actual operating conditions; (3) synthesize catalysts with specific site architectures; (4) conduct research on the use of precious metals for catalysis; and (5) translate molecular understanding to the design of catalytic compounds. (b) Duties of the Office of Science \nIn carrying out the program under this section, the Director of the Office of Science shall— (1) support both individual investigators and multidisciplinary teams of investigators to pioneer new approaches in catalytic design; (2) develop, plan, construct, acquire, share, or operate special equipment or facilities for the use of investigators in collaboration with national user facilities such as nanoscience and engineering centers; (3) support technology transfer activities to benefit industry and other users of catalysis science and engineering; and (4) coordinate research and development activities with industry and other Federal agencies. (c) Triennial assessment \nThe National Academy of Sciences shall review the catalysis program every 3 years to report on gains made in the fundamental science of catalysis and its progress towards developing new fuels for energy production and material fabrication processes.", "id": "H40633E96AE3A44779481D8C86DD36924", "header": "Catalysis Research and development Program" }, { "text": "957. Nanoscale Science and Engineering Research, development, demonstration, and commercial application \n(a) Establishment \nThe Secretary, acting through the Office of Science, shall support a program of research, development, demonstration, and commercial application in nanoscience and nanoengineering. The program shall include efforts to further the understanding of the chemistry, physics, materials science, and engineering of phenomena on the scale of nanometers and to apply that knowledge to the Department’s mission areas. (b) Duties of the Office of Science \nIn carrying out the program under this section, the Office of Science shall— (1) support both individual investigators and teams of investigators, including multidisciplinary teams; (2) carry out activities under subsection (c); (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; (4) coordinate research and development activities with other Department programs, industry, and other Federal agencies; (5) ensure that societal and ethical concerns will be addressed as the technology is developed by— (A) establishing a research program to identify societal and ethical concerns related to nanotechnology, and ensuring that the results of such research are widely disseminated; and (B) integrating, insofar as possible, research on societal and ethical concerns with nanotechnology research and development; and (6) ensure that the potential of nanotechnology to produce or facilitate the production of clean, inexpensive energy is realized by supporting nanotechnology energy applications research and development. (c) Nanoscience and nanoengineering research centers and major instrumentation \n(1) In general \nThe Secretary shall carry out projects to develop, plan, construct, acquire, operate, or support special equipment, instrumentation, or facilities for investigators conducting research and development in nanoscience and nanoengineering. (2) Activities \nProjects under paragraph (1) may include the measurement of properties at the scale of nanometers, manipulation at such scales, and the integration of technologies based on nanoscience or nanoengineering into bulk materials or other technologies. (3) Facilities \nFacilities under paragraph (1) may include electron microcharacterization facilities, microlithography facilities, scanning probe facilities, and related instrumentation. (4) Collaborations \nThe Secretary shall encourage collaborations among Department programs, institutions of higher education, laboratories, and industry at facilities under this subsection.", "id": "H3E5F86B2240948A79BE5128813FBDC9", "header": "Nanoscale Science and Engineering Research, development, demonstration, and commercial application" }, { "text": "958. Advanced scientific computing for energy missions \n(a) In general \nThe Secretary, acting through the Office of Science, shall support a program to advance the Nation’s computing capability across a diverse set of grand challenge, computationally based, science problems related to departmental missions. (b) Duties of the Office of Science \nIn carrying out the program under this section, the Office of Science shall— (1) advance basic science through computation by developing software to solve grand challenge science problems on new generations of computing platforms in collaboration with other Department program offices; (2) enhance the foundations for scientific computing by developing the basic mathematical and computing systems software needed to take full advantage of the computing capabilities of computers with peak speeds of 100 teraflops or more, some of which may be unique to the scientific problem of interest; (3) enhance national collaboratory and networking capabilities by developing software to integrate geographically separated researchers into effective research teams and to facilitate access to and movement and analysis of large (petabyte) data sets; (4) develop and maintain a robust scientific computing hardware infrastructure to ensure that the computing resources needed to address departmental missions are available; and (5) explore new computing approaches and technologies that promise to advance scientific computing, including developments in quantum computing. (c) High-Performance Computing Act of 1991 amendments \nThe High-Performance Computing Act of 1991 is amended— (1) in section 4 ( 15 U.S.C. 5503 )— (A) in paragraph (3) by striking means and inserting and networking and information technology mean , and by striking (including vector supercomputers and large scale parallel systems) ; and (B) in paragraph (4), by striking packet switched ; and (2) in section 203 ( 15 U.S.C. 5523 )— (A) in subsection (a), by striking all after As part of the and inserting Networking and Information Technology Research and Development Program, the Secretary of Energy shall conduct basic and applied research in networking and information technology, with emphasis on supporting fundamental research in the physical sciences and engineering, and energy applications; providing supercomputer access and advanced communication capabilities and facilities to scientific researchers; and developing tools for distributed scientific collaboration. ; (B) in subsection (b), by striking Program and inserting Networking and Information Technology Research and Development Program ; and (C) by amending subsection (e) to read as follows: (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out the Networking and Information Technology Research and Development Program such sums as may be necessary for fiscal years 2004 through 2008.. (d) Coordination \nThe Secretary shall ensure that the program under this section is integrated and consistent with— (1) the Advanced Simulation and Computing Program, formerly known as the Accelerated Strategic Computing Initiative, of the National Nuclear Security Administration; and (2) other national efforts related to advanced scientific computing for science and engineering. (e) Report \n(1) In general \nBefore undertaking any new initiative to develop any new advanced architecture for high-speed computing, the Secretary, through the Director of the Office of Science, shall transmit a report to Congress describing— (A) the expected duration and cost of the initiative; (B) the technical milestones the initiative is designed to achieve; (C) how institutions of higher education and private firms will participate in the initiative; and (D) why the goals of the initiative could not be achieved through existing programs. (2) Limitation \nNo funds may be expended on any initiative described in paragraph (1) until 30 days after the report required by that paragraph is transmitted to Congress.", "id": "HC5CA4C0E81414ED7863CDF16E27BA7AB", "header": "Advanced scientific computing for energy missions" }, { "text": "959. Genomes to Life Program \n(a) Program \n(1) Establishment \nThe Secretary shall establish a research, development, and demonstration program in genetics, protein science, and computational biology to support the energy, national security, and environmental mission of the Department. (2) Grants \nThe program shall support individual investigators and multidisciplinary teams of investigators through competitive, merit-reviewed grants. (3) Consultation \nIn carrying out the program, the Secretary shall consult with other Federal agencies that conduct genetic and protein research. (b) Goals \nThe program shall have the goal of developing technologies and methods based on the biological functions of genomes, microbes, and plants that— (1) can facilitate the production of fuels, including hydrogen; (2) convert carbon dioxide to organic carbon; (3) improve national security and combat terrorism; (4) detoxify soils and water at Department facilities contaminated with heavy metals and radiological materials; and (5) address other Department missions as identified by the Secretary. (c) Plan \n(1) Development of plan \nNot later than 1 year after the date of enactment of this Act, the Secretary shall prepare and transmit to Congress a research plan describing how the program authorized pursuant to this section will be undertaken to accomplish the program goals established in subsection (b). (2) Review of plan \nThe Secretary shall contract with the National Academy of Sciences to review the research plan developed under this subsection. The Secretary shall transmit the review to Congress not later than 18 months after transmittal of the research plan under paragraph (1), along with the Secretary’s response to the recommendations contained in the review. (d) Genomes to life user facilities and ancillary equipment \n(1) In general \nWithin the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 951(b)(6) shall, subject to appropriations, be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities for investigators conducting research, development, demonstration, and commercial application in systems biology and proteomics and associated biological disciplines. (2) Facilities \nFacilities under paragraph (1) may include facilities, equipment, or instrumentation for— (A) the production and characterization of proteins; (B) whole proteome analysis; (C) characterization and imaging of molecular machines; and (D) analysis and modeling of cellular systems. (3) Collaborations \nThe Secretary shall encourage collaborations among universities, laboratories, and industry at facilities under this subsection. All facilities under this subsection shall have a specific mission of technology transfer to other institutions. (e) Prohibition on biomedical and human cell and human subject research \n(1) No biomedical research \nIn carrying out the program under this section, the Secretary shall not conduct biomedical research. (2) Limitations \nNothing in this section shall authorize the Secretary to conduct any research or demonstrations— (A) on human cells or human subjects; or (B) designed to have direct application with respect to human cells or human subjects.", "id": "HB29CF09117434DC1847ED68B4623DB30", "header": "Genomes to Life Program" }, { "text": "960. Fission and fusion energy materials research Program \nIn the President’s fiscal year 2006 budget request, the Secretary shall establish a research and development program on material science issues presented by advanced fission reactors and the Department’s fusion energy program. The program shall develop a catalog of material properties required for these applications, develop theoretical models for materials possessing the required properties, benchmark models against existing data, and develop a roadmap to guide further research and development in this area.", "id": "HDE2E082B3448475E91262700678CC97C", "header": "Fission and fusion energy materials research Program" }, { "text": "961. Energy-Water Supply Program \n(a) Establishment \nThere is established within the Department the Energy-Water Supply Program, to study energy-related and certain other issues associated with the supply of drinking water and operation of community water systems and to study water supply issues related to energy. (b) Definitions \nFor the purposes of this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Agency \nThe term Agency means the Environmental Protection Agency. (3) Foundation \nThe term Foundation means the American Water Works Association Research Foundation. (4) Indian tribe \nThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (5) Program \nThe term Program means the Energy-Water Supply Program established by this section. (c) Program areas \nThe Program shall develop methods, means, procedures, equipment, and improved technologies relating to— (1) the arsenic removal program under subsection (d); (2) the desalination program under subsection (e); and (3) the water and energy sustainability program under subsection (f). (d) Arsenic removal Program \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the Secretary, in coordination with the Administrator and in partnership with the Foundation, shall utilize the facilities, institutions, and relationships established in the Consolidated Appropriations Resolution, 2003 as described in Senate Report 107–220 to carry out a research program to provide innovative methods and means for removal of arsenic. (2) Required evaluations \nThe program shall, to the maximum extent practicable, evaluate the means of— (A) reducing energy costs incurred in using arsenic removal technologies; (B) minimizing materials, operating, and maintenance costs; and (C) minimizing any quantities of waste (especially hazardous waste) that result from use of arsenic removal technologies. (3) Peer review \nWhere applicable and reasonably available, projects undertaken under this subsection shall be peer-reviewed. (4) Community water systems \nIn carrying out the program under this subsection, the Secretary, in coordination with the Administrator, shall— (A) select projects involving a geographically and hydrologically diverse group of community water systems (as defined in section 1003 of the Public Health Service Act ( 42 U.S.C. 300 )) and water chemistries, that have experienced technical or economic difficulties in providing drinking water with levels of arsenic at 10 parts-per-billion or lower, which projects shall be designed to develop innovative methods and means to deliver drinking water that contains less than 10 parts per billion of arsenic; and (B) provide not less than 40 percent of all funds spent pursuant to this subsection to address the needs of, and in collaboration with, rural communities or Indian tribes. (5) Cost effectiveness \nThe Foundation shall create methods for determining cost effectiveness of arsenic removal technologies used in the program. (6) Education, training, and Technology \nThe Foundation shall include education, training, and technology transfer as part of the program. (7) Coordination \nThe Secretary shall consult with the Administrator to ensure that all activities conducted under the program are coordinated with the Agency and do not duplicate other programs in the Agency and other Federal agencies, State programs, and academia. (8) Reports \nNot later than 1 year after the date of commencement of the program under this subsection, and once every year thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate a report on the results of the program under this subsection. (e) Desalination Program \n(1) In general \nThe Secretary, in cooperation with the Commissioner of Reclamation of the Department of the Interior, shall carry out a program to conduct research and develop methods and means for desalination in accordance with the desalination technology progress plan developed under title II of the Energy and Water Development Appropriations Act, 2002 (115 Stat. 498), and described in Senate Report 107–39 under the heading water and related resources in the Bureau of Reclamation section. (2) Requirements \nThe desalination program shall— (A) use the resources of the Department and the Department of the Interior that were involved in the development of the 2003 National Desalination and Water Purification Technology Roadmap for next-generation desalination technology; (B) focus on technologies that are appropriate for use in desalinating brackish groundwater, drinking water, wastewater and other saline water supplies, or disposal of residual brine or salt; and (C) consider the use of renewable energy sources. (3) Construction projects \nFunds made available to carry out this subsection may be used for construction projects, including completion of the National Desalination Research Center for brackish groundwater and ongoing operational costs of this facility. (4) Steering committee \nThe Secretary and the Commissioner of Reclamation of the Department of the Interior shall jointly establish a steering committee for activities conducted under this subsection. The steering committee shall be jointly chaired by 1 representative from the program and 1 representative from the Bureau of Reclamation. (f) Water and Energy Sustainability Program \n(1) In general \nThe Secretary shall develop a program to identify methods, means, procedures, equipment, and improved technologies necessary to ensure that sufficient quantities of water are available to meet energy needs and sufficient energy is available to meet water needs. (2) Assessments \nIn order to acquire information and avoid duplication, the Secretary shall work in collaboration with the Secretary of the Interior, the Army Corps of Engineers, the Administrator, the Secretary of Commerce, the Secretary of Defense, relevant State agencies, nongovernmental organizations, and academia, to assess— (A) future water resources needed to support energy development and production within the United States including water used for hydropower, and production of, or electricity generation by, hydrogen, biomass, fossil fuels, and nuclear fuel; (B) future energy resources needed to support water purification and wastewater treatment, including desalination and water conveyance; (C) use of impaired and nontraditional water supplies for energy production other than oil and gas extraction; (D) technology and programs for improving water use efficiency; and (E) technologies to reduce water use in energy development and production. (3) Roadmap; tools \nThe Secretary shall— (A) develop a program plan and technology development roadmap for the Water and Energy Sustainability Program to identify scientific and technical requirements and activities that are required to support planning for energy sustainability under current and potential future conditions of water availability, use of impaired water for energy production and other uses, and reduction of water use in energy development and production; (B) develop tools for national and local energy and water sustainability planning, including numerical models, decision analysis tools, economic analysis tools, databases, and planning methodologies and strategies; (C) implement at least 3 planning projects involving energy development or production that use the tools described in subparagraph (B) and assess the viability of those tools at the scale of river basins with at least 1 demonstration involving an international border; and (D) transfer those tools to other Federal agencies, State agencies, nonprofit organizations, industry, and academia. (4) Report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the Water and Energy Sustainability Program that— (A) includes the results of the assessment under paragraph (2) and the program plan and technology development roadmap; and (B) identifies policy, legal, and institutional issues related to water and energy sustainability.", "id": "H54953C6FE54B4BF28230ABBAF2DB9E8C", "header": "Energy-Water Supply Program" }, { "text": "962. Nitrogen fixation \nThe Secretary, acting through the Office of Science, shall support a program of research, development, demonstration, and commercial application on biological nitrogen fixation, including plant genomics research relevant to the development of commercial crop varieties with enhanced nitrogen fixation efficiency and ability.", "id": "HA634834E8F0A4B34BAEBB11F65238CBE", "header": "Nitrogen fixation" }, { "text": "964. United States-Mexico energy Technology cooperation \n(a) Program \nThe Secretary shall establish a research, development, demonstration, and commercial application program to be carried out in collaboration with entities in Mexico and the United States to promote energy efficient, environmentally sound economic development along the United States-Mexico border that minimizes public health risks from industrial activities in the border region. (b) Program management \nThe program under subsection (a) shall be managed by the Department of Energy Carlsbad Environmental Management Field Office. (c) Technology transfer \nIn carrying out projects and activities under this section, the Secretary shall assess the applicability of technology developed under the Environmental Management Science Program of the Department. (d) Intellectual property \nIn carrying out this section, the Secretary shall comply with the requirements of any agreement entered into between the United States and Mexico regarding intellectual property protection. (e) Authorization of appropriations \nThe following sums are authorized to be appropriated to the Secretary to carry out activities under this section: (1) For each of fiscal years 2004 and 2005, $5,000,000. (2) For each of fiscal years 2006, 2007, and 2008, $6,000,000.", "id": "H2273024B09834F83A8231FB0278CE896", "header": "United States-Mexico energy Technology cooperation" }, { "text": "965. Western Hemisphere energy cooperation \n(a) Program \nThe Secretary shall carry out a program to promote cooperation on energy issues with Western Hemisphere countries. (b) Activities \nUnder the program, the Secretary shall fund activities to work with Western Hemisphere countries to— (1) assist the countries in formulating and adopting changes in economic policies and other policies to— (A) increase the production of energy supplies; and (B) improve energy efficiency; and (2) assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets. (c) University participation \nTo the extent practicable, the Secretary shall carry out the program under this section with the participation of universities so as to take advantage of the acceptance of universities by Western Hemisphere countries as sources of unbiased technical and policy expertise when assisting the Secretary in— (1) evaluating new technologies; (2) resolving technical issues; (3) working with those countries in the development of new policies; and (4) training policymakers, particularly in the case of universities that involve the participation of minority students, such as Hispanic-serving institutions and Historically Black Colleges and Universities. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $8,000,000 for fiscal year 2004; (2) $10,000,000 for fiscal year 2005; (3) $13,000,000 for fiscal year 2006; (4) $16,000,000 for fiscal year 2007; and (5) $19,000,000 for fiscal year 2008.", "id": "H5DDA05CE1A6C4DB8AC9E47A618B4A700", "header": "Western Hemisphere energy cooperation" }, { "text": "966. Waste reduction and use of alternatives \n(a) Grant authority \nThe Secretary may make a single grant to a qualified institution to examine and develop the feasibility of burning post-consumer carpet in cement kilns as an alternative energy source. The purposes of the grant shall include determining— (1) how post-consumer carpet can be burned without disrupting kiln operations; (2) the extent to which overall kiln emissions may be reduced; (3) the emissions of air pollutants and other relevant environmental impacts; and (4) how this process provides benefits to both cement kiln operations and carpet suppliers. (b) Qualified institution \nFor the purposes of subsection (a), a qualified institution is a research-intensive institution of higher education with demonstrated expertise in the fields of fiber recycling and logistical modeling of carpet waste collection and preparation. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for carrying out this section $500,000.", "id": "H569174D73F104A059D2E5F1999BC6176", "header": "Waste reduction and use of alternatives" }, { "text": "967. Report on fuel cell test Center \n(a) Report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of a study of the establishment of a test center for next-generation fuel cells at an institution of higher education that has available a continuous source of hydrogen and access to the electric transmission grid. Such report shall include a conceptual design for such test center and a projection of the costs of establishing the test center. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for carrying out this section $500,000.", "id": "H6E98D2AD2E814082A48D327730A110DA", "header": "Report on fuel cell test Center" }, { "text": "968. Arctic Engineering Research Center \n(a) In general \nThe Secretary of Energy (referred to in this section as the Secretary ) in consultation with the Secretary of Transportation and the United States Arctic Research Commission shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the Arctic Engineering Research Center (referred to in this section as the Center ). (b) Purpose \nThe purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing— (1) new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as possible; (2) technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region; (3) new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and (4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region. (c) Objectives \nThe Center shall carry out— (1) basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and (2) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented. (d) Amount of grant \nFor each of fiscal years 2004 through 2009, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2009.", "id": "H6ADB4B79FFCB409F806041241585032D", "header": "Arctic Engineering Research Center" }, { "text": "969. Barrow Geophysical Research Facility \n(a) Establishment \nThe Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the Barrow Geophysical Research Facility , to support scientific research activities in the Arctic. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility $61,000,000.", "id": "HDAE1303CB64B48798D030060BD6125AF", "header": "Barrow Geophysical Research Facility" }, { "text": "970. Western Michigan demonstration project \nThe Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than.095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8 hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8 hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after the date of enactment of this section and shall not impose any requirement or sanction that might otherwise apply during the pendency of the demonstration project.", "id": "H4C13285E8D084A79872C4008B551DF14", "header": "Western Michigan demonstration project" }, { "text": "971. Availability of funds \nFunds authorized to be appropriated to the Department under this title shall remain available until expended.", "id": "H103FAC1629514D51A8D869A0F29F005F", "header": "Availability of funds" }, { "text": "972. Cost sharing \n(a) Research and development \nExcept as otherwise provided in this title, for research and development programs carried out under this title the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. The Secretary may reduce or eliminate the non-Federal requirement under this subsection if the Secretary determines that the research and development is of a basic or fundamental nature or involves technical analyses or educational activities. (b) Demonstration and commercial application \nExcept as otherwise provided in this title, the Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this title to be provided from non-Federal sources. The Secretary may reduce the non-Federal requirement under this subsection if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this title. (c) Calculation of amount \nIn calculating the amount of the non-Federal commitment under subsection (a) or (b), the Secretary may include personnel, services, equipment, and other resources. (d) Size of non-federal share \nThe Secretary may consider the size of the non-Federal share in selecting projects.", "id": "HF272CC96CC7048CEA0E0AE1FB1D0801", "header": "Cost sharing" }, { "text": "973. Merit review of proposals \nAwards of funds authorized under this title shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department.", "id": "HEF7A85E5C536497A0082A196F2373105", "header": "Merit review of proposals" }, { "text": "974. External technical review of departmental programs \n(a) National energy research and development advisory boards \n(1) In general \nThe Secretary shall establish 1 or more advisory boards to review Department research, development, demonstration, and commercial application programs in energy efficiency, renewable energy, nuclear energy, and fossil energy. (2) Existing advisory boards \nThe Secretary may designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this subsection, and may enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board. (b) Office of Science advisory committees \n(1) Utilization of existing committees \nThe Secretary shall continue to use the scientific program advisory committees chartered under the Federal Advisory Committee Act (5 U.S.C. App.) by the Office of Science to oversee research and development programs under that Office. (2) Science Advisory Committee \n(A) Establishment \nThere shall be in the Office of Science a Science Advisory Committee that includes the chairs of each of the advisory committees described in paragraph (1). (B) Responsibilities \nThe Science Advisory Committee shall— (i) serve as the science advisor to the Director of the Office of Science; (ii) advise the Director with respect to the well-being and management of the National Laboratories and single-purpose research facilities; (iii) advise the Director with respect to education and workforce training activities required for effective short-term and long-term basic and applied research activities of the Office of Science; and (iv) advise the Director with respect to the well being of the university research programs supported by the Office of Science. (c) Membership \nEach advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests. (d) Meetings and purposes \nEach advisory board under this section shall meet at least semiannually to review and advise on the progress made by the respective research, development, demonstration, and commercial application program or programs. The advisory board shall also review the measurable cost and performance-based goals for such programs as established under section 901(b), and the progress on meeting such goals. (e) Periodic reviews and assessments \nThe Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and assessments of the programs authorized by this title, the measurable cost and performance-based goals for such programs as established under section 901(b), if any, and the progress on meeting such goals. Such reviews and assessments shall be conducted every 5 years, or more often as the Secretary considers necessary, and the Secretary shall transmit to Congress reports containing the results of all such reviews and assessments.", "id": "HFEB257934C09490DA222A9E541D15B85", "header": "External technical review of departmental programs" }, { "text": "975. Improved coordination of Technology transfer activities \n(a) Technology Transfer Coordinator \nThe Secretary shall designate a Technology Transfer Coordinator to perform oversight of and policy development for technology transfer activities at the Department. The Technology Transfer Coordinator shall— (1) coordinate the activities of the Technology Transfer Working Group; (2) oversee the expenditure of funds allocated to the Technology Transfer Working Group; and (3) coordinate with each technology partnership ombudsman appointed under section 11 of the Technology Transfer Commercialization Act of 2000 ( 42 U.S.C. 7261c ). (b) Technology Transfer Working Group \nThe Secretary shall establish a Technology Transfer Working Group, which shall consist of representatives of the National Laboratories and single-purpose research facilities, to— (1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities; (2) exchange information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and (3) develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including those related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters. (c) Technology transfer responsibility \nNothing in this section shall affect the technology transfer responsibilities of Federal employees under the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ).", "id": "H07B0317E5E304755992CF0A5FF6EF8C0", "header": "Improved coordination of Technology transfer activities" }, { "text": "976. Federal laboratory educational partners \n(a) Distribution of royalties received by Federal agencies \nSection 14(a)(1)(B)(v) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710c(a)(1)(B)(v) ), is amended to read as follows: (v) for scientific research and development and for educational assistance and other purposes consistent with the missions and objectives of the agency and the laboratory.. (b) Cooperative research and development agreements \nSection 12(b)(5)(C) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(b)(5)(C) ) is amended to read as follows: (C) for scientific research and development and for educational assistance consistent with the missions and objectives of the agency and the laboratory..", "id": "H76FDAB9D815545C2915700014CCDA900", "header": "Federal laboratory educational partners" }, { "text": "977. Interagency cooperation \nThe Secretary shall enter into discussions with the Administrator of the National Aeronautics and Space Administration with the goal of reaching an interagency working agreement between the 2 agencies that would make the National Aeronautics and Space Administration’s expertise in energy, gained from its existing and planned programs, more readily available to the relevant research, development, demonstration, and commercial applications programs of the Department. Technologies to be discussed should include the National Aeronautics and Space Administration’s modeling, research, development, testing, and evaluation of new energy technologies, including solar, wind, fuel cells, and hydrogen storage and distribution.", "id": "HEFE365F48A1E40E4897224254ECAAB37", "header": "Interagency cooperation" }, { "text": "978. Technology Infrastructure Program \n(a) Establishment \nThe Secretary shall establish a Technology Infrastructure Program in accordance with this section. (b) Purpose \nThe purpose of the Technology Infrastructure Program shall be to improve the ability of National Laboratories and single-purpose research facilities to support departmental missions by— (1) stimulating the development of technology clusters that can support departmental missions at the National Laboratories or single-purpose research facilities; (2) improving the ability of National Laboratories and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and (3) encouraging the exchange of scientific and technological expertise between National Laboratories or single-purpose research facilities and entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as institutions of higher education; technology-related business concerns; nonprofit institutions; and agencies of State, tribal, or local governments. (c) Projects \nThe Secretary shall authorize the Director of each National Laboratory or single-purpose research facility to implement the Technology Infrastructure Program at such National Laboratory or facility through projects that meet the requirements of subsections (d) and (e). (d) Program requirements \nEach project funded under this section shall meet the following requirements: (1) Each project shall include at least 1 of each of the following entities: a business; an institution of higher education; a nonprofit institution; and an agency of a State, local, or tribal government. (2) Not less than 50 percent of the costs of each project funded under this section shall be provided from non-Federal sources. The calculation of costs paid by the non-Federal sources to a project shall include cash, personnel, services, equipment, and other resources expended on the project after start of the project. Independent research and development expenses of Government contractors that qualify for reimbursement under section 31.205–18(e) of the Federal Acquisition Regulation issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c)(1) ) may be credited toward costs paid by non-Federal sources to a project, if the expenses meet the other requirements of this section. (3) All projects under this section shall be competitively selected using procedures determined by the Secretary. (4) Any participant that receives funds under this section may use generally accepted accounting principles for maintaining accounts, books, and records relating to the project. (5) No Federal funds shall be made available under this section for construction or any project for more than 5 years. (e) Selection criteria \n(1) In general \nThe Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions. (2) Criteria \nThe Secretary shall consider the following criteria in selecting a project to receive Federal funds: (A) The potential of the project to promote the development of a commercially sustainable technology cluster following the period of Department investment, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility. (B) The potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility. (C) The extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project. (D) The extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project. (E) Such other criteria as the Secretary determines to be appropriate. (f) Allocation \nIn allocating funds for projects approved under this section, the Secretary shall provide— (1) the Federal share of the project costs; and (2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate such activities with the project. (g) Report to Congress \nNot later than July 1, 2006, the Secretary shall report to Congress on whether the Technology Infrastructure Program should be continued and, if so, how the program should be managed. (h) Definitions \nIn this section: (1) Technology cluster \nThe term technology cluster means a concentration of technology-related business concerns, institutions of higher education, or nonprofit institutions that reinforce each other’s performance in the areas of technology development through formal or informal relationships. (2) Technology-related business concern \nThe term technology-related business concern means a for-profit corporation, company, association, firm, partnership, or small business concern that conducts scientific or engineering research; develops new technologies; manufactures products based on new technologies; or performs technological services. (i) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for activities under this section $10,000,000 for each of fiscal years 2004, 2005, and 2006.", "id": "H866FD2B5991E4551B665565B04AFC45B", "header": "Technology Infrastructure Program" }, { "text": "979. Reprogramming \n(a) Distribution report \nNot later than 60 days after the date of the enactment of an Act appropriating amounts authorized under this title, the Secretary shall transmit to the appropriate authorizing committees of Congress a report explaining how such amounts will be distributed among the authorizations contained in this title. (b) Prohibition \n(1) In general \nNo amount identified under subsection (a) shall be reprogrammed if such reprogramming would result in an obligation which changes an individual distribution required to be reported under subsection (a) by more than 5 percent unless the Secretary has transmitted to the appropriate authorizing committees of Congress a report described in subsection (c) and a period of 30 days has elapsed after such committees receive the report. (2) Computation \nIn the computation of the 30-day period described in paragraph (1), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. (c) Reprogramming report \nA report referred to in subsection (b)(1) shall contain a full and complete statement of the action proposed to be taken and the facts and circumstances relied on in support of the proposed action.", "id": "H3062004B79524C9483F42B38547100F4", "header": "Reprogramming" }, { "text": "980. Construction with other laws \nExcept as otherwise provided in this title, the Secretary shall carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this title in accordance with the applicable provisions of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), the Federal Nonnuclear Research and Development Act of 1974 ( 42 U.S.C. 5901 et seq. ), the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. ), the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ), chapter 18 of title 35, United States Code (commonly referred to as the Bayh-Dole Act), and any other Act under which the Secretary is authorized to carry out such activities.", "id": "HE1D774B277DF47BE86A5A800C9110056", "header": "Construction with other laws" }, { "text": "981. Report on research and development Program evaluation methodologies \nNot later than 180 days after the date of enactment of this Act, the Secretary shall enter into appropriate arrangements with the National Academy of Sciences to investigate and report on the scientific and technical merits of any evaluation methodology currently in use or proposed for use in relation to the scientific and technical programs of the Department by the Secretary or other Federal official. Not later than 6 months after receiving the report of the National Academy, the Secretary shall submit such report to Congress, along with any other views or plans of the Secretary with respect to the future use of such evaluation methodology.", "id": "H81A9E753B7CD4AD1B48015C89F2E281D", "header": "Report on research and development Program evaluation methodologies" }, { "text": "982. Department of Energy Science and Technology Scholarship Program \n(a) Establishment of Program \n(1) In general \nThe Secretary is authorized to establish a Department of Energy Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department. (2) Competitive process \nIndividuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). (3) Service agreements \nTo carry out the Program the Secretary shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Department, for the period described in subsection (f)(1), in positions needed by the Department and for which the individuals are qualified, in exchange for receiving a scholarship. (b) Scholarship eligibility \nIn order to be eligible to participate in the Program, an individual must— (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education in an academic program or field of study described in the list made available under subsection (d); (2) be a United States citizen; and (3) at the time of the initial scholarship award, not be a Federal employee as defined in section 2105 of title 5 of the United States Code. (c) Application required \nAn individual seeking a scholarship under this section shall submit an application to the Secretary at such time, in such manner, and containing such information, agreements, or assurances as the Secretary may require. (d) Eligible academic programs \nThe Secretary shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized, and shall update the list as necessary. (e) Scholarship requirement \n(1) In general \nThe Secretary may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Secretary, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d). (2) Duration of eligibility \nAn individual may not receive a scholarship under this section for more than 4 academic years, unless the Secretary grants a waiver. (3) Scholarship amount \nThe dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Secretary, but shall in no case exceed the cost of attendance. (4) Authorized uses \nA scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Secretary by regulation. (5) Contracts regarding direct payments to institutions \nThe Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. (f) Period of obligated service \n(1) Duration of service \nThe period of service for which an individual shall be obligated to serve as an employee of the Department is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided. (2) Schedule for service \n(A) In general \nExcept as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. (B) Deferral \nThe Secretary may defer the obligation of an individual to provide a period of service under paragraph (1) if the Secretary determines that such a deferral is appropriate. The Secretary shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. (g) Penalties for breach of scholarship agreement \n(1) Failure to complete academic training \nScholarship recipients who fail to maintain a high level of academic standing, as defined by the Secretary by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment not later than 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Secretary when determined to be necessary, as established by regulation. (2) Failure to begin or complete the service obligation or meet the terms and conditions of deferment \nA scholarship recipient who, for any reason, fails to begin or complete a service obligation under this section after completion of academic training, or fails to comply with the terms and conditions of deferment established by the Secretary pursuant to subsection (f)(2)(B), shall be in breach of the contractual agreement. When a recipient breaches an agreement for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to— (A) the total amount of scholarships received by such individual under this section; plus (B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3. (h) Waiver or suspension of obligation \n(1) Death of individual \nAny obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. (2) Impossibility or extreme hardship \nThe Secretary shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. (i) Definitions \nIn this section the following definitions apply: (1) Cost of attendance \nThe term cost of attendance has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087 ll ). (2) Program \nThe term Program means the Department of Energy Science and Technology Scholarship Program established under this section. (j) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for activities under this section— (1) for fiscal year 2004, $800,000; (2) for fiscal year 2005, $1,600,000; (3) for fiscal year 2006, $2,000,000; (4) for fiscal year 2007, $2,000,000; and (5) for fiscal year 2008, $2,000,000.", "id": "H4BB6789FBDBC4CF78400851EF4B30692", "header": "Department of Energy Science and Technology Scholarship Program" }, { "text": "983. Report on equal employment opportunity practices \nNot later than 12 months after the date of enactment of this Act, and biennially thereafter, the Secretary shall transmit to Congress a report on the equal employment opportunity practices at National Laboratories. Such report shall include— (1) a thorough review of each laboratory contractor’s equal employment opportunity policies, including promotion to management and professional positions and pay raises; (2) a statistical report on complaints and their disposition in the laboratories; (3) a description of how equal employment opportunity practices at the laboratories are treated in the contract and in calculating award fees for each contractor; (4) a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each laboratory; (5) a summary of outreach efforts to attract women and minorities to the laboratories; (6) a summary of efforts to retain women and minorities in the laboratories; and (7) a summary of collaboration efforts with the Office of Federal Contract Compliance Programs to improve equal employment opportunity practices at the laboratories.", "id": "H9FFC74A3D0FA4E0EA6AACFB53B6D0310", "header": "Report on equal employment opportunity practices" }, { "text": "984. Small business advocacy and assistance \n(a) Small business advocate \nThe Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to designate a small business advocate to— (1) increase the participation of small business concerns, including socially and economically disadvantaged small business concerns, in procurement, collaborative research, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility; (2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns, including socially and economically disadvantaged small business concerns, in procurement, collaborative research, technology licensing, and technology transfer activities along with recommendations, if appropriate, on how to improve participation; (3) make available to small businesses training, mentoring, and information on how to participate in procurement and collaborative research activities; (4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and (5) establish guidelines for the program under subsection (b) and report on the effectiveness of such program to the Director of the National Laboratory or single-purpose research facility. (b) Establishment of small business assistance Program \nThe Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns— (1) assistance directed at making them more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facility; or (2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the small business concerns’ products or services. (c) Use of funds \nNone of the funds expended under subsection (b) may be used for direct grants to the small business concerns. (d) Definitions \nIn this section: (1) Small business concern \nThe term small business concern has the meaning given such term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (2) Socially and economically disadvantaged small business concerns \nThe term socially and economically disadvantaged small business concerns has the meaning given such term in section 8(a)(4) of the Small Business Act ( 15 U.S.C. 637(a)(4) ). (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for activities under this section $5,000,000 for each of fiscal years 2004 through 2008.", "id": "H608AE380723641EAB332F07367C03438", "header": "Small business advocacy and assistance" }, { "text": "985. Report on mobility of scientific and technical personnel \nNot later than 2 years after the date of enactment of this Act, the Secretary shall transmit a report to Congress identifying any policies or procedures of a contractor operating a National Laboratory or single-purpose research facility that create disincentives to the temporary transfer of scientific and technical personnel among the contractor-operated National Laboratories or contractor-operated single-purpose research facilities and provide suggestions for improving interlaboratory exchange of scientific and technical personnel.", "id": "H6997A053E9754C758661267CE01F4231", "header": "Report on mobility of scientific and technical personnel" }, { "text": "986. National Academy of Sciences report \nNot later than 90 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences for the Academy to— (1) conduct a study on— (A) the obstacles to accelerating the commercial application of energy technology; and (B) the adequacy of Department policies and procedures for, and oversight of, technology transfer-related disputes between contractors of the Department and the private sector; and (2) transmit a report to Congress on recommendations developed as a result of the study.", "id": "H6AC851A0FA4143A2B60045204F93835C", "header": "National Academy of Sciences report" }, { "text": "987. Outreach \nThe Secretary shall ensure that each program authorized by this title includes an outreach component to provide information, as appropriate, to manufacturers, consumers, engineers, architects, builders, energy service companies, institutions of higher education, small businesses, facility planners and managers, State and local governments, and other entities.", "id": "HCA1F5AB8844F4AE0A8A113E464DCCD00", "header": "Outreach" }, { "text": "988. Competitive award of management contracts \nNone of the funds authorized to be appropriated to the Secretary by this title may be used to award a management and operating contract for a nonmilitary energy laboratory of the Department unless such contract is competitively awarded or the Secretary grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver and shall submit to Congress a report notifying Congress of the waiver and setting forth the reasons for the waiver at least 60 days prior to the date of the award of such a contract.", "id": "HAA18B52627304023AEB6B4BB856D1081", "header": "Competitive award of management contracts" }, { "text": "989. Educational programs in science and mathematics \n(a) Activities \nSection 3165(a) of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381b(a) ) is amended by adding at the end the following: (14) Support competitive events for students, under supervision of teachers, designed to encourage student interest and knowledge in science and mathematics.. (b) Authorization of appropriations \nSection 3169 of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381e ), as so redesignated by section 1102(b), is amended by inserting before the period ; and $40,000,000 for each of fiscal years 2004 through 2008.", "id": "HA356B84362914B8BB51CCA00CBC0476F", "header": "Educational programs in science and mathematics" }, { "text": "1001. Additional Assistant Secretary position \n(a) Additional Assistant Secretary position to enable improved management of nuclear energy issues \n(1) In general \nSection 203(a) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a) ) is amended by striking six Assistant Secretaries and inserting 7 Assistant Secretaries. (2) Sense of Congress \nIt is the sense of Congress that the leadership for departmental missions in nuclear energy should be at the Assistant Secretary level. (b) Technical and conforming amendments \n(1) Title 5 \nSection 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Energy (6) and inserting Assistant Secretaries of Energy (7). (2) Department of Energy Organization Act \nThe table of contents for the Department of Energy Organization Act ( 42 U.S.C. 7101 note) is amended— (A) by striking Section 209 and inserting Sec. 209 ; (B) by striking 213. and inserting Sec. 213. ; (C) by striking 214. and inserting Sec. 214. ; (D) by striking 215. and inserting Sec. 215. ; and (E) by striking 216. and inserting Sec. 216..", "id": "HDACAD0900A334AD39E7BDC10A0BACFC8", "header": "Additional Assistant Secretary position" }, { "text": "1002. Other transactions authority \nSection 646 of the Department of Energy Organization Act ( 42 U.S.C. 7256 ) is amended by adding at the end the following: (g) (1) In addition to other authorities granted to the Secretary under law, the Secretary may enter into other transactions on such terms as the Secretary may deem appropriate in furtherance of research, development, or demonstration functions vested in the Secretary. Such other transactions shall not be subject to the provisions of section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5908 ) or section 152 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2182 ). (2) (A) The Secretary shall ensure that— (i) to the maximum extent the Secretary determines practicable, no transaction entered into under paragraph (1) provides for research, development, or demonstration that duplicates research, development, or demonstration being conducted under existing projects carried out by the Department; (ii) to the extent the Secretary determines practicable, the funds provided by the Government under a transaction authorized by paragraph (1) do not exceed the total amount provided by other parties to the transaction; and (iii) to the extent the Secretary determines practicable, competitive, merit-based selection procedures shall be used when entering into transactions under paragraph (1). (B) A transaction authorized by paragraph (1) may be used for a research, development, or demonstration project only if the Secretary makes a written determination that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate. (3) (A) The Secretary shall protect from disclosure, including disclosure under section 552 of title 5, United States Code, for up to 5 years after the date the information is received by the Secretary— (i) a proposal, proposal abstract, and supporting documents submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award under paragraph (1) to the party submitting the information; and (ii) a business plan and technical information relating to a transaction authorized by paragraph (1) submitted to the Department as confidential business information. (B) The Secretary may protect from disclosure, for up to 5 years after the information was developed, any information developed pursuant to a transaction under paragraph (1) which developed information is of a character that it would be protected from disclosure under section 552(b)(4) of title 5, United States Code, if obtained from a person other than a Federal agency. (4) Not later than 90 days after the date of enactment of this subsection, the Secretary shall prescribe guidelines for using other transactions authorized by paragraph (1). Such guidelines shall be published in the Federal Register for public comment under rulemaking procedures of the Department. (5) The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate and may not be delegated to any other person. (6) (A) Not later than September 31, 2005, the Comptroller General of the United States shall report to Congress on the Department’s use of the authorities granted under this section, including the ability to attract nontraditional government contractors and whether additional safeguards are needed with respect to the use of such authorities. (B) In this section, the term nontraditional Government contractor has the same meaning as the term nontraditional defense contractor as defined in section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 ; 10 U.S.C. 2371 note)..", "id": "H3E1963EC007E4AA3A7E5102D5D5C89CB", "header": "Other transactions authority" }, { "text": "1101. Training guidelines for electric energy industry personnel \nThe Secretary of Energy, in consultation with the Secretary of Labor and jointly with the electric industry and recognized employee representatives, shall develop model personnel training guidelines to support electric system reliability and safety. The training guidelines shall, at a minimum— (1) include training requirements for workers engaged in the construction, operation, inspection, and maintenance of electric generation, transmission, and distribution, including competency and certification requirements, and assessment requirements that include initial and ongoing evaluation of workers, recertification assessment procedures, and methods for examining or testing the qualification of individuals performing covered tasks; and (2) consolidate existing training guidelines on the construction, operation, maintenance, and inspection of electric generation, transmission, and distribution facilities, such as those established by the National Electric Safety Code and other industry consensus standards.", "id": "HE6E8E189F01E4EFFADD9E169AC444F3F", "header": "Training guidelines for electric energy industry personnel" }, { "text": "1102. Improved access to energy-related scientific and technical careers \n(a) Department of energy science education programs \nSection 3164 of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381a ) is amended by adding at the end the following: (c) Programs for students from underrepresented groups \nIn carrying out a program under subsection (a), the Secretary shall give priority to activities that are designed to encourage students from underrepresented groups to pursue scientific and technical careers.. (b) Partnerships with historically Black colleges and universities, Hispanic-servicing institutions, and tribal colleges \nThe Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381 et seq. ) is amended— (1) by redesignating sections 3167 and 3168 as sections 3168 and 3169, respectively; and (2) by inserting after section 3166 the following: 3167. Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and tribal colleges \n(a) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given that term in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) ). (2) Historically Black college or University \nThe term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) National Laboratory \nThe term National Laboratory has the meaning given that term in section 902 of the Energy Policy Act of 2003. (4) Science facility \nThe term science facility has the meaning given the term single-purpose research facility in section 902 of the Energy Policy Act of 2003. (5) Tribal College \nThe term tribal college has the meaning given the term Tribal College or University in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (b) Education partnership \nThe Secretary shall direct the Director of each National Laboratory and, to the extent practicable, the head of any science facility to increase the participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in activities that increase the capacity of the historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges to train personnel in science or engineering. (c) Activities \nAn activity under subsection (b) may include— (1) collaborative research; (2) equipment transfer; (3) training activities conducted at a National Laboratory or science facility; and (4) mentoring activities conducted at a National Laboratory or science facility. (d) Report \nNot later than 2 years after the date of enactment of the Energy Policy Act of 2003, the Secretary shall submit to Congress a report on the activities carried out under this section..", "id": "HE434A9C6F4974E2400F4A960BB80F31C", "header": "Improved access to energy-related scientific and technical careers" }, { "text": "3167. Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and tribal colleges \n(a) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given that term in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) ). (2) Historically Black college or University \nThe term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) National Laboratory \nThe term National Laboratory has the meaning given that term in section 902 of the Energy Policy Act of 2003. (4) Science facility \nThe term science facility has the meaning given the term single-purpose research facility in section 902 of the Energy Policy Act of 2003. (5) Tribal College \nThe term tribal college has the meaning given the term Tribal College or University in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (b) Education partnership \nThe Secretary shall direct the Director of each National Laboratory and, to the extent practicable, the head of any science facility to increase the participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in activities that increase the capacity of the historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges to train personnel in science or engineering. (c) Activities \nAn activity under subsection (b) may include— (1) collaborative research; (2) equipment transfer; (3) training activities conducted at a National Laboratory or science facility; and (4) mentoring activities conducted at a National Laboratory or science facility. (d) Report \nNot later than 2 years after the date of enactment of the Energy Policy Act of 2003, the Secretary shall submit to Congress a report on the activities carried out under this section.", "id": "H628E989D358745F5B16354AFA2874FCB", "header": "Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and tribal colleges" }, { "text": "1103. National Power Plant Operations Technology and Education Center \n(a) Establishment \nThe Secretary shall support the establishment of a National Power Plant Operations Technology and Education Center (in this section referred to as the Center ), to address the need for training and educating certified operators for nonnuclear electric power generation plants. (b) Role \nThe Center shall provide both training and continuing education relating to nonnuclear electric power generation plant technologies and operations. The Center shall conduct training and education activities on site and through Internet-based information technologies that allow for learning at remote sites. (c) Criteria for competitive selection \nThe Secretary shall support the establishment of the Center at an institution of higher education with expertise in power plant technology and operation and with the ability to provide onsite as well as Internet-based training.", "id": "HC83FB0EB6C8944B6A47C5EF825E87677", "header": "National Power Plant Operations Technology and Education Center" }, { "text": "1104. International energy training \n(a) In general \nThe Secretary of Energy, in consultation with the Secretaries of Commerce, Interior, and State and the Federal Energy Regulatory Commission, shall coordinate training and outreach efforts for international commercial energy markets in countries with developing and restructuring economies. (b) Components \nThe efforts may address— (1) production-related fiscal regimes; (2) grid and network issues; (3) energy user and demand side response; (4) international trade of energy; and (5) international transportation of energy. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2004 through 2007.", "id": "HED5A5CF277024A3FB65F66F1BA69FA00", "header": "International energy training" }, { "text": "1201. Short title \nThis title may be cited as the Electric Reliability Act of 2004.", "id": "H4717089DFC7A4C2C8205D2CB1D74A935", "header": "Short title" }, { "text": "1211. Electric reliability standards \n(a) In general \nPart II of the Federal Power Act (16 U.S.C 824 et seq.) is amended by adding at the end the following: 215. Electric reliability \n(a) Definitions \nFor purposes of this section: (1) The term bulk-power system means— (A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. (2) The terms Electric Reliability Organization and ERO mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. (3) The term reliability standard means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. (4) The term reliable operation means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. (5) The term Interconnection means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of 1 or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. (6) The term transmission organization means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. (7) The term regional entity means an entity having enforcement authority pursuant to subsection (e)(4). (b) Jurisdiction and applicability \n(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. (2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. (c) Certification \nFollowing the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization. The Commission may certify 1 such ERO if the Commission determines that such ERO— (1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and (2) has established rules that— (A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; (B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; (C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); (D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and (E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. (d) Reliability standards \n(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. (2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. (3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. (4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. (5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. (6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until— (A) the Commission finds a conflict exists between a reliability standard and any such provision; (B) the Commission orders a change to such provision pursuant to section 206 of this part; and (C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. (e) Enforcement \n(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing— (A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and (B) files notice and the record of the proceeding with the Commission. (2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the ERO files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the ERO and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the ERO for further proceedings. The Commission shall implement expedited procedures for such hearings. (3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. (4) The Commission shall issue regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if— (A) the regional entity is governed by— (i) an independent board; (ii) a balanced stakeholder board; or (iii) a combination independent and balanced stakeholder board. (B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and (C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO’s authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. (5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. (6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. (f) Changes in Electric Reliability Organization rules \nThe Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the ERO. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). (g) Reliability reports \nThe ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. (h) Coordination with Canada and Mexico \nThe President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the ERO in the United States and Canada or Mexico. (i) Savings provisions \n(1) The ERO shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. (2) This section does not authorize the ERO or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. (3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. (4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the ERO. (5) The Commission, after consultation with the ERO and the State taking action, may stay the effectiveness of any State action, pending the Commission’s issuance of a final order. (j) Regional advisory bodies \nThe Commission shall establish a regional advisory body on the petition of at least 2/3 of the States within a region that have more than 1/2 of their electric load served within the region. A regional advisory body shall be composed of 1 member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection-wide basis. (k) Alaska and Hawaii \nThe provisions of this section do not apply to Alaska or Hawaii.. (b) Status of ERO \nThe Electric Reliability Organization certified by the Federal Energy Regulatory Commission under section 215(c) of the Federal Power Act and any regional entity delegated enforcement authority pursuant to section 215(e)(4) of that Act are not departments, agencies, or instrumentalities of the United States Government.", "id": "H9798F6B69F0F4003934D8309883753A4", "header": "Electric reliability standards" }, { "text": "215. Electric reliability \n(a) Definitions \nFor purposes of this section: (1) The term bulk-power system means— (A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. (2) The terms Electric Reliability Organization and ERO mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. (3) The term reliability standard means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. (4) The term reliable operation means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. (5) The term Interconnection means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of 1 or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. (6) The term transmission organization means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. (7) The term regional entity means an entity having enforcement authority pursuant to subsection (e)(4). (b) Jurisdiction and applicability \n(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. (2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. (c) Certification \nFollowing the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization. The Commission may certify 1 such ERO if the Commission determines that such ERO— (1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and (2) has established rules that— (A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; (B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; (C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); (D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and (E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. (d) Reliability standards \n(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. (2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. (3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. (4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. (5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. (6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until— (A) the Commission finds a conflict exists between a reliability standard and any such provision; (B) the Commission orders a change to such provision pursuant to section 206 of this part; and (C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. (e) Enforcement \n(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing— (A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and (B) files notice and the record of the proceeding with the Commission. (2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the ERO files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the ERO and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the ERO for further proceedings. The Commission shall implement expedited procedures for such hearings. (3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. (4) The Commission shall issue regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if— (A) the regional entity is governed by— (i) an independent board; (ii) a balanced stakeholder board; or (iii) a combination independent and balanced stakeholder board. (B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and (C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO’s authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. (5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. (6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. (f) Changes in Electric Reliability Organization rules \nThe Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the ERO. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). (g) Reliability reports \nThe ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. (h) Coordination with Canada and Mexico \nThe President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the ERO in the United States and Canada or Mexico. (i) Savings provisions \n(1) The ERO shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. (2) This section does not authorize the ERO or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. (3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. (4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the ERO. (5) The Commission, after consultation with the ERO and the State taking action, may stay the effectiveness of any State action, pending the Commission’s issuance of a final order. (j) Regional advisory bodies \nThe Commission shall establish a regional advisory body on the petition of at least 2/3 of the States within a region that have more than 1/2 of their electric load served within the region. A regional advisory body shall be composed of 1 member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection-wide basis. (k) Alaska and Hawaii \nThe provisions of this section do not apply to Alaska or Hawaii.", "id": "HCEEB0451CA6E44DAA9BF44565E144118", "header": "Electric reliability" }, { "text": "1221. Siting of interstate electric transmission facilities \n(a) Amendment of Federal Power Act \nPart II of the Federal Power Act is amended by adding at the end the following: 216. Siting of interstate electric transmission facilities \n(a) Designation of national interest electric transmission corridors \n(1) Transmission congestion study \nWithin 1 year after the enactment of this section, and every 3 years thereafter, the Secretary of Energy, in consultation with affected States, shall conduct a study of electric transmission congestion. After considering alternatives and recommendations from interested parties, including an opportunity for comment from affected States, the Secretary shall issue a report, based on such study, which may designate any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor. The Secretary shall conduct the study and issue the report in consultation with any appropriate regional entity referenced in section 215 of this Act. (2) Considerations \nIn determining whether to designate a national interest electric transmission corridor referred to in paragraph (1) under this section, the Secretary may consider whether— (A) the economic vitality and development of the corridor, or the end markets served by the corridor, may be constrained by lack of adequate or reasonably priced electricity; (B) (i) economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and (ii) a diversification of supply is warranted; (C) the energy independence of the United States would be served by the designation; (D) the designation would be in the interest of national energy policy; and (E) the designation would enhance national defense and homeland security. (b) Construction permit \nExcept as provided in subsection (i), the Commission is authorized, after notice and an opportunity for hearing, to issue a permit or permits for the construction or modification of electric transmission facilities in a national interest electric transmission corridor designated by the Secretary under subsection (a) if the Commission finds that— (1) (A) a State in which the transmission facilities are to be constructed or modified is without authority to— (i) approve the siting of the facilities; or (ii) consider the interstate benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; (B) the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or (C) a State commission or other entity that has authority to approve the siting of the facilities has— (i) withheld approval for more than 1 year after the filing of an application pursuant to applicable law seeking approval or 1 year after the designation of the relevant national interest electric transmission corridor, whichever is later; or (ii) conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible; (2) the facilities to be authorized by the permit will be used for the transmission of electric energy in interstate commerce; (3) the proposed construction or modification is consistent with the public interest; (4) the proposed construction or modification will significantly reduce transmission congestion in interstate commerce and protects or benefits consumers; and (5) the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence. (c) Permit applications \nPermit applications under subsection (b) shall be made in writing to the Commission. The Commission shall issue rules setting forth the form of the application, the information to be contained in the application, and the manner of service of notice of the permit application upon interested persons. (d) Comments \nIn any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian tribe, private property owners, and other interested persons, a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. (e) Rights-of-way \nIn the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, if the permit holder cannot acquire by contract, or is unable to agree with the owner of the property to the compensation to be paid for, the necessary right-of-way to construct or modify such transmission facilities, the permit holder may acquire the right-of-way by the exercise of the right of eminent domain in the district court of the United States for the district in which the property concerned is located, or in the appropriate court of the State in which the property is located. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated. (f) State law \nNothing in this section shall preclude any person from constructing or modifying any transmission facility pursuant to State law. (g) Compensation \nAny exercise of eminent domain authority pursuant to this section shall be considered a taking of private property for which just compensation is due. Just compensation shall be an amount equal to the full fair market value of the property taken on the date of the exercise of eminent domain authority, except that the compensation shall exceed fair market value if necessary to make the landowner whole for decreases in the value of any portion of the land not subject to eminent domain. Any parcel of land acquired by eminent domain under this subsection shall be transferred back to the owner from whom it was acquired (or his heirs or assigns) if the land is not used for the construction or modification of electric transmission facilities within a reasonable period of time after the acquisition. Other than construction, modification, operation, or maintenance of electric transmission facilities and related facilities, property acquired under subsection (e) may not be used for any purpose (including use for any heritage area, recreational trail, or park) without the consent of the owner of the parcel from whom the property was acquired (or the owner’s heirs or assigns). (h) Coordination of Federal authorizations for transmission and distribution facilities \n(1) Lead agency \nIf an applicant, or prospective applicant, for a Federal authorization related to an electric transmission or distribution facility so requests, the Department of Energy (DOE) shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of the facility. For purposes of this subsection, the term Federal authorization means any authorization required under Federal law in order to site a transmission or distribution facility, including but not limited to such permits, special use authorizations, certifications, opinions, or other approvals as may be required, whether issued by a Federal or a State agency. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions. (2) Authority to set deadlines \nAs lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of, and Federal authorization decisions relating to, the proposed facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 1 year or, if a requirement of another provision of Federal law makes this impossible, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious pre-application mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days of when the prospective applicant submits a request for such information concerning— (A) the likelihood of approval for a potential facility; and (B) key issues of concern to the agencies and public. (3) Consolidated environmental review and record of decision \nAs lead agency head, the Secretary of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted. The Secretary of Energy and the heads of other agencies shall streamline the review and permitting of transmission and distribution facilities within corridors designated under section 503 of the Federal Land Policy and Management Act ( 43 U.S.C. 1763 ) by fully taking into account prior analyses and decisions relating to the corridors. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. (4) Appeals \nIn the event that any agency has denied a Federal authorization required for a transmission or distribution facility, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary, who shall, in consultation with the affected agency, review the denial or take action on the pending application. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with any appropriate conditions, or deny the application. The Secretary shall issue a decision within 90 days of the filing of the appeal. In making a decision under this paragraph, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Endangered Species Act, the Clean Water Act, the National Forest Management Act, the National Environmental Policy Act of 1969 , and the Federal Land Policy and Management Act. (5) Conforming regulations and Memoranda of Understanding \nNot later than 18 months after the date of enactment of this section, the Secretary of Energy shall issue any regulations necessary to implement this subsection. Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of electricity transmission and distribution facilities. The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the DOE regulations and any Memoranda. Interested Indian tribes, multi-State entities, and State agencies may enter such Memoranda of Understanding. (6) Duration and renewal \nEach Federal land use authorization for an electricity transmission or distribution facility shall be issued— (A) for a duration, as determined by the Secretary of Energy, commensurate with the anticipated use of the facility, and (B) with appropriate authority to manage the right-of-way for reliability and environmental protection. Upon the expiration of any such authorization (including an authorization issued prior to enactment of this section), the authorization shall be reviewed for renewal taking fully into account reliance on such electricity infrastructure, recognizing its importance for public health, safety and economic welfare and as a legitimate use of Federal lands. (7) Maintaining and enhancing the transmission infrastructure \nIn exercising the responsibilities under this section, the Secretary of Energy shall consult regularly with the Federal Energy Regulatory Commission (FERC), FERC-approved electric reliability organizations (including related regional entities), and FERC-approved Regional Transmission Organizations and Independent System Operators. (i) Interstate compacts \nThe consent of Congress is hereby given for 3 or more contiguous States to enter into an interstate compact, subject to approval by Congress, establishing regional transmission siting agencies to facilitate siting of future electric energy transmission facilities within such States and to carry out the electric energy transmission siting responsibilities of such States. The Secretary of Energy may provide technical assistance to regional transmission siting agencies established under this subsection. Such regional transmission siting agencies shall have the authority to review, certify, and permit siting of transmission facilities, including facilities in national interest electric transmission corridors (other than facilities on property owned by the United States). The Commission shall have no authority to issue a permit for the construction or modification of electric transmission facilities within a State that is a party to a compact, unless the members of a compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in section (b)(1)(C). (j) Savings clause \nNothing in this section shall be construed to affect any requirement of the environmental laws of the United States, including, but not limited to, the National Environmental Policy Act of 1969. Subsection (h)(4) of this section shall not apply to any Congressionally-designated components of the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Park system (including National Monuments therein). (k) ERCOT \nThis section shall not apply within the area referred to in section 212(k)(2)(A).. (b) Reports to Congress on corridors and rights of way on Federal lands \nThe Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, and the Chairman of the Council on Environmental Quality shall, within 90 days of the date of enactment of this subsection, submit a joint report to Congress identifying each of the following: (1) All existing designated transmission and distribution corridors on Federal land and the status of work related to proposed transmission and distribution corridor designations under Title V of the Federal Land Policy and Management Act (43 U.S.C. 1761 et. Seq.), the schedule for completing such work, any impediments to completing the work, and steps that Congress could take to expedite the process. (2) The number of pending applications to locate transmission and distribution facilities on Federal lands, key information relating to each such facility, how long each application has been pending, the schedule for issuing a timely decision as to each facility, and progress in incorporating existing and new such rights-of-way into relevant land use and resource management plans or their equivalent. (3) The number of existing transmission and distribution rights-of-way on Federal lands that will come up for renewal within the following 5, 10, and 15 year periods, and a description of how the Secretaries plan to manage such renewals.", "id": "H163AC6D517D2420091327CCB182B6A2", "header": "Siting of interstate electric transmission facilities" }, { "text": "216. Siting of interstate electric transmission facilities \n(a) Designation of national interest electric transmission corridors \n(1) Transmission congestion study \nWithin 1 year after the enactment of this section, and every 3 years thereafter, the Secretary of Energy, in consultation with affected States, shall conduct a study of electric transmission congestion. After considering alternatives and recommendations from interested parties, including an opportunity for comment from affected States, the Secretary shall issue a report, based on such study, which may designate any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor. The Secretary shall conduct the study and issue the report in consultation with any appropriate regional entity referenced in section 215 of this Act. (2) Considerations \nIn determining whether to designate a national interest electric transmission corridor referred to in paragraph (1) under this section, the Secretary may consider whether— (A) the economic vitality and development of the corridor, or the end markets served by the corridor, may be constrained by lack of adequate or reasonably priced electricity; (B) (i) economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and (ii) a diversification of supply is warranted; (C) the energy independence of the United States would be served by the designation; (D) the designation would be in the interest of national energy policy; and (E) the designation would enhance national defense and homeland security. (b) Construction permit \nExcept as provided in subsection (i), the Commission is authorized, after notice and an opportunity for hearing, to issue a permit or permits for the construction or modification of electric transmission facilities in a national interest electric transmission corridor designated by the Secretary under subsection (a) if the Commission finds that— (1) (A) a State in which the transmission facilities are to be constructed or modified is without authority to— (i) approve the siting of the facilities; or (ii) consider the interstate benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; (B) the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or (C) a State commission or other entity that has authority to approve the siting of the facilities has— (i) withheld approval for more than 1 year after the filing of an application pursuant to applicable law seeking approval or 1 year after the designation of the relevant national interest electric transmission corridor, whichever is later; or (ii) conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible; (2) the facilities to be authorized by the permit will be used for the transmission of electric energy in interstate commerce; (3) the proposed construction or modification is consistent with the public interest; (4) the proposed construction or modification will significantly reduce transmission congestion in interstate commerce and protects or benefits consumers; and (5) the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence. (c) Permit applications \nPermit applications under subsection (b) shall be made in writing to the Commission. The Commission shall issue rules setting forth the form of the application, the information to be contained in the application, and the manner of service of notice of the permit application upon interested persons. (d) Comments \nIn any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian tribe, private property owners, and other interested persons, a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. (e) Rights-of-way \nIn the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, if the permit holder cannot acquire by contract, or is unable to agree with the owner of the property to the compensation to be paid for, the necessary right-of-way to construct or modify such transmission facilities, the permit holder may acquire the right-of-way by the exercise of the right of eminent domain in the district court of the United States for the district in which the property concerned is located, or in the appropriate court of the State in which the property is located. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated. (f) State law \nNothing in this section shall preclude any person from constructing or modifying any transmission facility pursuant to State law. (g) Compensation \nAny exercise of eminent domain authority pursuant to this section shall be considered a taking of private property for which just compensation is due. Just compensation shall be an amount equal to the full fair market value of the property taken on the date of the exercise of eminent domain authority, except that the compensation shall exceed fair market value if necessary to make the landowner whole for decreases in the value of any portion of the land not subject to eminent domain. Any parcel of land acquired by eminent domain under this subsection shall be transferred back to the owner from whom it was acquired (or his heirs or assigns) if the land is not used for the construction or modification of electric transmission facilities within a reasonable period of time after the acquisition. Other than construction, modification, operation, or maintenance of electric transmission facilities and related facilities, property acquired under subsection (e) may not be used for any purpose (including use for any heritage area, recreational trail, or park) without the consent of the owner of the parcel from whom the property was acquired (or the owner’s heirs or assigns). (h) Coordination of Federal authorizations for transmission and distribution facilities \n(1) Lead agency \nIf an applicant, or prospective applicant, for a Federal authorization related to an electric transmission or distribution facility so requests, the Department of Energy (DOE) shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of the facility. For purposes of this subsection, the term Federal authorization means any authorization required under Federal law in order to site a transmission or distribution facility, including but not limited to such permits, special use authorizations, certifications, opinions, or other approvals as may be required, whether issued by a Federal or a State agency. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions. (2) Authority to set deadlines \nAs lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of, and Federal authorization decisions relating to, the proposed facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 1 year or, if a requirement of another provision of Federal law makes this impossible, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious pre-application mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days of when the prospective applicant submits a request for such information concerning— (A) the likelihood of approval for a potential facility; and (B) key issues of concern to the agencies and public. (3) Consolidated environmental review and record of decision \nAs lead agency head, the Secretary of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted. The Secretary of Energy and the heads of other agencies shall streamline the review and permitting of transmission and distribution facilities within corridors designated under section 503 of the Federal Land Policy and Management Act ( 43 U.S.C. 1763 ) by fully taking into account prior analyses and decisions relating to the corridors. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. (4) Appeals \nIn the event that any agency has denied a Federal authorization required for a transmission or distribution facility, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary, who shall, in consultation with the affected agency, review the denial or take action on the pending application. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with any appropriate conditions, or deny the application. The Secretary shall issue a decision within 90 days of the filing of the appeal. In making a decision under this paragraph, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Endangered Species Act, the Clean Water Act, the National Forest Management Act, the National Environmental Policy Act of 1969 , and the Federal Land Policy and Management Act. (5) Conforming regulations and Memoranda of Understanding \nNot later than 18 months after the date of enactment of this section, the Secretary of Energy shall issue any regulations necessary to implement this subsection. Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of electricity transmission and distribution facilities. The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the DOE regulations and any Memoranda. Interested Indian tribes, multi-State entities, and State agencies may enter such Memoranda of Understanding. (6) Duration and renewal \nEach Federal land use authorization for an electricity transmission or distribution facility shall be issued— (A) for a duration, as determined by the Secretary of Energy, commensurate with the anticipated use of the facility, and (B) with appropriate authority to manage the right-of-way for reliability and environmental protection. Upon the expiration of any such authorization (including an authorization issued prior to enactment of this section), the authorization shall be reviewed for renewal taking fully into account reliance on such electricity infrastructure, recognizing its importance for public health, safety and economic welfare and as a legitimate use of Federal lands. (7) Maintaining and enhancing the transmission infrastructure \nIn exercising the responsibilities under this section, the Secretary of Energy shall consult regularly with the Federal Energy Regulatory Commission (FERC), FERC-approved electric reliability organizations (including related regional entities), and FERC-approved Regional Transmission Organizations and Independent System Operators. (i) Interstate compacts \nThe consent of Congress is hereby given for 3 or more contiguous States to enter into an interstate compact, subject to approval by Congress, establishing regional transmission siting agencies to facilitate siting of future electric energy transmission facilities within such States and to carry out the electric energy transmission siting responsibilities of such States. The Secretary of Energy may provide technical assistance to regional transmission siting agencies established under this subsection. Such regional transmission siting agencies shall have the authority to review, certify, and permit siting of transmission facilities, including facilities in national interest electric transmission corridors (other than facilities on property owned by the United States). The Commission shall have no authority to issue a permit for the construction or modification of electric transmission facilities within a State that is a party to a compact, unless the members of a compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in section (b)(1)(C). (j) Savings clause \nNothing in this section shall be construed to affect any requirement of the environmental laws of the United States, including, but not limited to, the National Environmental Policy Act of 1969. Subsection (h)(4) of this section shall not apply to any Congressionally-designated components of the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Park system (including National Monuments therein). (k) ERCOT \nThis section shall not apply within the area referred to in section 212(k)(2)(A).", "id": "HCB103984D11049DBB5B2562CC0F8D840", "header": "Siting of interstate electric transmission facilities" }, { "text": "1222. Third-party finance \n(a) Existing facilities \nThe Secretary of Energy (hereinafter in this section referred to as the Secretary ), acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as WAPA ), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as SWPA ), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities ( Project ) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary of Energy, in consultation with the applicable Administrator, determines that the proposed Project— (1) (A) is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act and will reduce congestion of electric transmission in interstate commerce; or (B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity; (2) is consistent with— (A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Regional Transmission Organization or Independent System Operator (as defined in the Federal Power Act), if any, or approved regional reliability organization; and (B) efficient and reliable operation of the transmission grid; and (3) would be operated in conformance with prudent utility practice. (b) New facilities \nThe Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities ( Project ) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project— (1) (A) is located in an area designated under section 216(a) of the Federal Power Act and will reduce congestion of electric transmission in interstate commerce; or (B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity; (2) is consistent with— (A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Regional Transmission Organization or Independent System Operator, if any, or approved regional reliability organization; and (B) efficient and reliable operation of the transmission grid; (3) will be operated in conformance with prudent utility practice; (4) will be operated by, or in conformance with the rules of, the appropriate (A) Regional Transmission Organization or Independent System Operator, if any, or (B) if such an organization does not exist, regional reliability organization; and (5) will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings. (c) Other funds \n(1) In general \nIn carrying out a Project under subsection (a) or (b), the Secretary may accept and use funds contributed by another entity for the purpose of carrying out the Project. (2) Availability \nThe contributed funds shall be available for expenditure for the purpose of carrying out the Project— (A) without fiscal year limitation; and (B) as if the funds had been appropriated specifically for that Project. (3) Allocation of costs \nIn carrying out a Project under subsection (a) or (b), any costs of the Project not paid for by contributions from another entity shall be collected through rates charged to customers using the new transmission capability provided by the Project and allocated equitably among these project beneficiaries using the new transmission capability. (d) Relationship to other laws \nNothing in this section affects any requirement of— (1) any Federal environmental law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) any Federal or State law relating to the siting of energy facilities; or (3) any existing authorizing statutes. (e) Savings clause \nNothing in this section shall constrain or restrict an Administrator in the utilization of other authority delegated to the Administrator of WAPA or SWPA. (f) Secretarial determinations \nAny determination made pursuant to subsections (a) or (b) shall be based on findings by the Secretary using the best available data. (g) Maximum funding amount \nThe Secretary shall not accept and use more than $100,000,000 under subsection (c)(1) for the period encompassing fiscal years 2004 through 2013.", "id": "HAB539694312845BDB37865DBB6F7F7EE", "header": "Third-party finance" }, { "text": "1223. Transmission system monitoring \nWithin 6 months after the date of enactment of this Act, the Secretary of Energy and the Federal Energy Regulatory Commission shall study and report to Congress on the steps which must be taken to establish a system to make available to all transmission system owners and Regional Transmission Organizations (as defined in the Federal Power Act) within the Eastern and Western Interconnections real-time information on the functional status of all transmission lines within such Interconnections. In such study, the Commission shall assess technical means for implementing such transmission information system and identify the steps the Commission or Congress must take to require the implementation of such system.", "id": "HBA7DEEE774D14E27993B83A6464659A2", "header": "Transmission system monitoring" }, { "text": "1224. Advanced transmission technologies \n(a) Authority \nThe Federal Energy Regulatory Commission, in the exercise of its authorities under the Federal Power Act and the Public Utility Regulatory Policies Act of 1978, shall encourage the deployment of advanced transmission technologies. (b) Definition \nFor the purposes of this section, the term advanced transmission technologies means technologies that increase the capacity, efficiency, or reliability of existing or new transmission facilities, including, but not limited to— (1) high-temperature lines (including superconducting cables); (2) underground cables; (3) advanced conductor technology (including advanced composite conductors, high-temperature low-sag conductors, and fiber optic temperature sensing conductors); (4) high-capacity ceramic electric wire, connectors, and insulators; (5) optimized transmission line configurations (including multiple phased transmission lines); (6) modular equipment; (7) wireless power transmission; (8) ultra-high voltage lines; (9) high-voltage DC technology; (10) flexible AC transmission systems; (11) energy storage devices (including pumped hydro, compressed air, superconducting magnetic energy storage, flywheels, and batteries); (12) controllable load; (13) distributed generation (including PV, fuel cells, microturbines); (14) enhanced power device monitoring; (15) direct system state sensors; (16) fiber optic technologies; (17) power electronics and related software (including real time monitoring and analytical software); and (18) any other technologies the Commission considers appropriate. (c) Obsolete or impracticable technologies \nThe Commission is authorized to cease encouraging the deployment of any technology described in this section on a finding that such technology has been rendered obsolete or otherwise impracticable to deploy.", "id": "H27ED8BD048B84EDB8B6FA3880027A95F", "header": "Advanced transmission technologies" }, { "text": "1225. Electric transmission and distribution programs \n(a) Electric transmission and distribution program \nThe Secretary of Energy (hereinafter in this section referred to as the Secretary ) acting through the Director of the Office of Electric Transmission and Distribution shall establish a comprehensive research, development, demonstration and commercial application program to promote improved reliability and efficiency of electrical transmission and distribution systems. This program shall include— (1) advanced energy delivery and storage technologies, materials, and systems, including new transmission technologies, such as flexible alternating current transmission systems, composite conductor materials and other technologies that enhance reliability, operational flexibility, or power-carrying capability; (2) advanced grid reliability and efficiency technology development; (3) technologies contributing to significant load reductions; (4) advanced metering, load management, and control technologies; (5) technologies to enhance existing grid components; (6) the development and use of high-temperature superconductors to— (A) enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or (B) increase the efficiency of electric energy generation, transmission, distribution, or storage systems; (7) integration of power systems, including systems to deliver high-quality electric power, electric power reliability, and combined heat and power; (8) supply of electricity to the power grid by small scale, distributed and residential-based power generators; (9) the development and use of advanced grid design, operation and planning tools; (10) any other infrastructure technologies, as appropriate; and (11) technology transfer and education. (b) Program plan \nNot later than 1 year after the date of the enactment of this legislation, the Secretary, in consultation with other appropriate Federal agencies, shall prepare and transmit to Congress a 5-year program plan to guide activities under this section. In preparing the program plan, the Secretary may consult with utilities, energy services providers, manufacturers, institutions of higher education, other appropriate State and local agencies, environmental organizations, professional and technical societies, and any other persons the Secretary considers appropriate. (c) Implementation \nThe Secretary shall consider implementing this program using a consortium of industry, university and national laboratory participants. (d) Report \nNot later than 2 years after the transmittal of the plan under subsection (b), the Secretary shall transmit a report to Congress describing the progress made under this section and identifying any additional resources needed to continue the development and commercial application of transmission and distribution infrastructure technologies. (e) Power delivery research initiative \n(1) In general \nThe Secretary shall establish a research, development, demonstration, and commercial application initiative specifically focused on power delivery utilizing components incorporating high temperature superconductivity. (2) Goals \nThe goals of this initiative shall be to— (A) establish facilities to develop high temperature superconductivity power applications in partnership with manufacturers and utilities; (B) provide technical leadership for establishing reliability for high temperature superconductivity power applications including suitable modeling and analysis; (C) facilitate commercial transition toward direct current power transmission, storage, and use for high power systems utilizing high temperature superconductivity; and (D) facilitate the integration of very low impedance high temperature superconducting wires and cables in existing electric networks to improve system performance, power flow control and reliability. (3) Requirements \nThe initiative shall include— (A) feasibility analysis, planning, research, and design to construct demonstrations of superconducting links in high power, direct current and controllable alternating current transmission systems; (B) public-private partnerships to demonstrate deployment of high temperature superconducting cable into testbeds simulating a realistic transmission grid and under varying transmission conditions, including actual grid insertions; and (C) testbeds developed in cooperation with national laboratories, industries, and universities to demonstrate these technologies, prepare the technologies for commercial introduction, and address cost or performance roadblocks to successful commercial use. (4) Authorization of appropriations \nFor purposes of carrying out this subsection, there are authorized to be appropriated— (A) for fiscal year 2004, $15,000,000; (B) for fiscal year 2005, $20,000,000; (C) for fiscal year 2006, $30,000,000; (D) for fiscal year 2007, $35,000,000; and (E) for fiscal year 2008, $40,000,000.", "id": "H9F474BBEC3414A78B07E06453500AFDD", "header": "Electric transmission and distribution programs" }, { "text": "1226. Advanced Power System Technology Incentive Program \n(a) Program \nThe Secretary of Energy is authorized to establish an Advanced Power System Technology Incentive Program to support the deployment of certain advanced power system technologies and to improve and protect certain critical governmental, industrial, and commercial processes. Funds provided under this section shall be used by the Secretary to make incentive payments to eligible owners or operators of advanced power system technologies to increase power generation through enhanced operational, economic, and environmental performance. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing an applicant as either— (1) a qualifying advanced power system technology facility; or (2) a qualifying security and assured power facility. (b) Incentives \nSubject to availability of funds, a payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced power system technology facility under this section for electricity generated at such facility. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying security and assured power facility for electricity generated at such facility. Any facility qualifying under this section shall be eligible for an incentive payment for up to, but not more than, the first 10,000,000 kilowatt-hours produced in any fiscal year. (c) Eligibility \nFor purposes of this section: (1) Qualifying advanced power system technology facility \nThe term qualifying advanced power system technology facility means a facility using an advanced fuel cell, turbine, or hybrid power system or power storage system to generate or store electric energy. (2) Qualifying security and assured power facility \nThe term qualifying security and assured power facility means a qualifying advanced power system technology facility determined by the Secretary of Energy, in consultation with the Secretary of Homeland Security, to be in critical need of secure, reliable, rapidly available, high-quality power for critical governmental, industrial, or commercial applications. (d) Authorization \nThere are authorized to be appropriated to the Secretary of Energy for the purposes of this section, $10,000,000 for each of the fiscal years 2004 through 2010.", "id": "H9BFBCC8E23504E78A7B3AD000870A868", "header": "Advanced Power System Technology Incentive Program" }, { "text": "1227. Office of Electric Transmission and Distribution \n(a) Creation of an Office of Electric Transmission and Distribution \nTitle II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq. ) (as amended by section 502(a) of this Act) is amended by inserting the following after section 217, as added by title V of this Act: 218. Office of Electric Transmission and Distribution \n(a) Establishment \nThere is established within the Department an Office of Electric Transmission and Distribution. This Office shall be headed by a Director, subject to the authority of the Secretary. The Director shall be appointed by the Secretary. The Director shall be compensated at the annual rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Director \nThe Director shall— (1) coordinate and develop a comprehensive, multi-year strategy to improve the Nation’s electricity transmission and distribution; (2) implement or, where appropriate, coordinate the implementation of, the recommendations made in the Secretary’s May 2002 National Transmission Grid Study; (3) oversee research, development, and demonstration to support Federal energy policy related to electricity transmission and distribution; (4) grant authorizations for electricity import and export pursuant to section 202(c), (d), (e), and (f) of the Federal Power Act ( 16 U.S.C. 824a ); (5) perform other functions, assigned by the Secretary, related to electricity transmission and distribution; and (6) develop programs for workforce training in power and transmission engineering.. (b) Conforming amendments \n(1) The table of contents of the Department of Energy Organization Act ( 42 U.S.C. 7101 note) is amended by inserting after the item relating to section 217 the following new item: Sec. 218. Office of Electric Transmission and Distribution. (2) Section 5315 of title 5, United States Code, is amended by inserting after the item relating to Inspector General, Department of Energy. the following: Director, Office of Electric Transmission and Distribution, Department of Energy..", "id": "H8FED8FBA82F745EABC40CC52396E1501", "header": "Office of Electric Transmission and Distribution" }, { "text": "218. Office of Electric Transmission and Distribution \n(a) Establishment \nThere is established within the Department an Office of Electric Transmission and Distribution. This Office shall be headed by a Director, subject to the authority of the Secretary. The Director shall be appointed by the Secretary. The Director shall be compensated at the annual rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Director \nThe Director shall— (1) coordinate and develop a comprehensive, multi-year strategy to improve the Nation’s electricity transmission and distribution; (2) implement or, where appropriate, coordinate the implementation of, the recommendations made in the Secretary’s May 2002 National Transmission Grid Study; (3) oversee research, development, and demonstration to support Federal energy policy related to electricity transmission and distribution; (4) grant authorizations for electricity import and export pursuant to section 202(c), (d), (e), and (f) of the Federal Power Act ( 16 U.S.C. 824a ); (5) perform other functions, assigned by the Secretary, related to electricity transmission and distribution; and (6) develop programs for workforce training in power and transmission engineering.", "id": "H6F9CD5F228C845A1B8E17D63D3DE3D11", "header": "Office of Electric Transmission and Distribution" }, { "text": "1231. Open nondiscriminatory access \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by inserting after section 211 the following new section: 211A. Open access by unregulated transmitting utilities \n(a) Transmission services \nSubject to section 212(h), the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services— (1) at rates that are comparable to those that the unregulated transmitting utility charges itself; and (2) on terms and conditions (not relating to rates) that are comparable to those under which such unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential. (b) Exemption \nThe Commission shall exempt from any rule or order under this section any unregulated transmitting utility that— (1) sells no more than 4,000,000 megawatt hours of electricity per year; or (2) does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion thereof); or (3) meets other criteria the Commission determines to be in the public interest. (c) Local distribution facilities \nThe requirements of subsection (a) shall not apply to facilities used in local distribution. (d) Exemption termination \nWhenever the Commission, after an evidentiary hearing held upon a complaint and after giving consideration to reliability standards established under section 215, finds on the basis of a preponderance of the evidence that any exemption granted pursuant to subsection (b) unreasonably impairs the continued reliability of an interconnected transmission system, it shall revoke the exemption granted to that transmitting utility. (e) Application to unregulated transmitting utilities \nThe rate changing procedures applicable to public utilities under subsections (c) and (d) of section 205 are applicable to unregulated transmitting utilities for purposes of this section. (f) Remand \nIn exercising its authority under paragraph (1) of subsection (a), the Commission may remand transmission rates to an unregulated transmitting utility for review and revision where necessary to meet the requirements of subsection (a). (g) Other requests \nThe provision of transmission services under subsection (a) does not preclude a request for transmission services under section 211. (h) Limitation \nThe Commission may not require a State or municipality to take action under this section that would violate a private activity bond rule for purposes of section 141 of the Internal Revenue Code of 1986 ( 26 U.S.C. 141 ). (i) Transfer of control of transmitting facilities \nNothing in this section authorizes the Commission to require an unregulated transmitting utility to transfer control or operational control of its transmitting facilities to an RTO or any other Commission-approved independent transmission organization designated to provide nondiscriminatory transmission access. (j) Definition \nFor purposes of this section, the term unregulated transmitting utility means an entity that— (1) owns or operates facilities used for the transmission of electric energy in interstate commerce; and (2) is an entity described in section 201(f)..", "id": "HF8ACB273714C479EB480469078189FA0", "header": "Open nondiscriminatory access" }, { "text": "211A. Open access by unregulated transmitting utilities \n(a) Transmission services \nSubject to section 212(h), the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services— (1) at rates that are comparable to those that the unregulated transmitting utility charges itself; and (2) on terms and conditions (not relating to rates) that are comparable to those under which such unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential. (b) Exemption \nThe Commission shall exempt from any rule or order under this section any unregulated transmitting utility that— (1) sells no more than 4,000,000 megawatt hours of electricity per year; or (2) does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion thereof); or (3) meets other criteria the Commission determines to be in the public interest. (c) Local distribution facilities \nThe requirements of subsection (a) shall not apply to facilities used in local distribution. (d) Exemption termination \nWhenever the Commission, after an evidentiary hearing held upon a complaint and after giving consideration to reliability standards established under section 215, finds on the basis of a preponderance of the evidence that any exemption granted pursuant to subsection (b) unreasonably impairs the continued reliability of an interconnected transmission system, it shall revoke the exemption granted to that transmitting utility. (e) Application to unregulated transmitting utilities \nThe rate changing procedures applicable to public utilities under subsections (c) and (d) of section 205 are applicable to unregulated transmitting utilities for purposes of this section. (f) Remand \nIn exercising its authority under paragraph (1) of subsection (a), the Commission may remand transmission rates to an unregulated transmitting utility for review and revision where necessary to meet the requirements of subsection (a). (g) Other requests \nThe provision of transmission services under subsection (a) does not preclude a request for transmission services under section 211. (h) Limitation \nThe Commission may not require a State or municipality to take action under this section that would violate a private activity bond rule for purposes of section 141 of the Internal Revenue Code of 1986 ( 26 U.S.C. 141 ). (i) Transfer of control of transmitting facilities \nNothing in this section authorizes the Commission to require an unregulated transmitting utility to transfer control or operational control of its transmitting facilities to an RTO or any other Commission-approved independent transmission organization designated to provide nondiscriminatory transmission access. (j) Definition \nFor purposes of this section, the term unregulated transmitting utility means an entity that— (1) owns or operates facilities used for the transmission of electric energy in interstate commerce; and (2) is an entity described in section 201(f).", "id": "H9A196D5884D846E6A72473B1F93B92C1", "header": "Open access by unregulated transmitting utilities" }, { "text": "1232. Sense of Congress on Regional Transmission Organizations \nIt is the sense of Congress that, in order to promote fair, open access to electric transmission service, benefit retail consumers, facilitate wholesale competition, improve efficiencies in transmission grid management, promote grid reliability, remove opportunities for unduly discriminatory or preferential transmission practices, and provide for the efficient development of transmission infrastructure needed to meet the growing demands of competitive wholesale power markets, all transmitting utilities in interstate commerce should voluntarily become members of Regional Transmission Organizations as defined in section 3 of the Federal Power Act.", "id": "H7B2EE0CAEEC14D82ABAFEDA896748BC9", "header": "Sense of Congress on Regional Transmission Organizations" }, { "text": "1233. Regional Transmission Organization applications progress report \nNot later than 120 days after the date of enactment of this section, the Federal Energy Regulatory Commission shall submit to Congress a report containing each of the following: (1) A list of all regional transmission organization applications filed at the Commission pursuant to subpart F of part 35 of title 18, Code of Federal Regulations (in this section referred to as Order No. 2000 ), including an identification of each public utility and other entity included within the proposed membership of the regional transmission organization. (2) A brief description of the status of each pending regional transmission organization application, including a precise explanation of how each fails to comply with the minimal requirements of Order No. 2000 and what steps need to be taken to bring each application into such compliance. (3) For any application that has not been finally approved by the Commission, a detailed description of every aspect of the application that the Commission has determined does not conform to the requirements of Order No. 2000. (4) For any application that has not been finally approved by the Commission, an explanation by the Commission of why the items described pursuant to paragraph (3) constitute material noncompliance with the requirements of the Commission’s Order No. 2000 sufficient to justify denial of approval by the Commission. (5) For all regional transmission organization applications filed pursuant to the Commission’s Order No. 2000, whether finally approved or not— (A) a discussion of that regional transmission organization’s efforts to minimize rate seams between itself and— (i) other regional transmission organizations; and (ii) entities not participating in a regional transmission organization; (B) a discussion of the impact of such seams on consumers and wholesale competition; and (C) a discussion of minimizing cost-shifting on consumers.", "id": "H2502A600423744B6BA3BA6E6C7E0DB1", "header": "Regional Transmission Organization applications progress report" }, { "text": "1234. Federal utility participation in Regional Transmission Organizations \n(a) Definitions \nFor purposes of this section— (1) Appropriate Federal regulatory authority \nThe term appropriate Federal regulatory authority means— (A) with respect to a Federal power marketing agency (as defined in the Federal Power Act), the Secretary of Energy, except that the Secretary may designate the Administrator of a Federal power marketing agency to act as the appropriate Federal regulatory authority with respect to the transmission system of that Federal power marketing agency; and (B) with respect to the Tennessee Valley Authority, the Board of Directors of the Tennessee Valley Authority. (2) Federal utility \nThe term Federal utility means a Federal power marketing agency or the Tennessee Valley Authority. (3) Transmission system \nThe term transmission system means electric transmission facilities owned, leased, or contracted for by the United States and operated by a Federal utility. (b) Transfer \nThe appropriate Federal regulatory authority is authorized to enter into a contract, agreement or other arrangement transferring control and use of all or part of the Federal utility’s transmission system to an RTO or ISO (as defined in the Federal Power Act), approved by the Federal Energy Regulatory Commission. Such contract, agreement or arrangement shall include— (1) performance standards for operation and use of the transmission system that the head of the Federal utility determines necessary or appropriate, including standards that assure recovery of all the Federal utility’s costs and expenses related to the transmission facilities that are the subject of the contract, agreement or other arrangement; consistency with existing contracts and third-party financing arrangements; and consistency with said Federal utility’s statutory authorities, obligations, and limitations; (2) provisions for monitoring and oversight by the Federal utility of the RTO’s or ISO’s fulfillment of the terms and conditions of the contract, agreement or other arrangement, including a provision for the resolution of disputes through arbitration or other means with the regional transmission organization or with other participants, notwithstanding the obligations and limitations of any other law regarding arbitration; and (3) a provision that allows the Federal utility to withdraw from the RTO or ISO and terminate the contract, agreement or other arrangement in accordance with its terms. Neither this section, actions taken pursuant to it, nor any other transaction of a Federal utility using an RTO or ISO shall confer upon the Federal Energy Regulatory Commission jurisdiction or authority over the Federal utility’s electric generation assets, electric capacity or energy that the Federal utility is authorized by law to market, or the Federal utility’s power sales activities. (c) Existing statutory and other obligations \n(1) System operation requirements \nNo statutory provision requiring or authorizing a Federal utility to transmit electric power or to construct, operate or maintain its transmission system shall be construed to prohibit a transfer of control and use of its transmission system pursuant to, and subject to all requirements of subsection (b). (2) Other obligations \nThis subsection shall not be construed to— (A) suspend, or exempt any Federal utility from, any provision of existing Federal law, including but not limited to any requirement or direction relating to the use of the Federal utility’s transmission system, environmental protection, fish and wildlife protection, flood control, navigation, water delivery, or recreation; or (B) authorize abrogation of any contract or treaty obligation. (3) Repeal \nSection 311 of title III of Appendix B of the Act of October 27, 2000 (P.L. 106–377, section 1(a)(2); 114 Stat. 1441, 1441A–80; 16 U.S.C. 824n ) is repealed.", "id": "HCE7BF65F04954D8C9800CCCEC1FEEB7", "header": "Federal utility participation in Regional Transmission Organizations" }, { "text": "1235. Standard market design \n(a) Remand \nThe Commission’s proposed rulemaking entitled Remedying Undue Discrimination through Open Access Transmission Service and Standard Electricity Market Design (Docket No. RM01–12–000) ( SMD NOPR ) is remanded to the Commission for reconsideration. No final rule mandating a standard electricity market design pursuant to the proposed rulemaking, including any rule or order of general applicability within the scope of the proposed rulemaking, may be issued before October 31, 2006, or take effect before December 31, 2006. Any final rule issued by the Commission pursuant to the proposed rulemaking shall be preceded by a second notice of proposed rulemaking issued after the date of enactment of this Act and an opportunity for public comment. (b) Savings clause \nThis section shall not be construed to modify or diminish any authority or obligation the Commission has under this Act, the Federal Power Act, or other applicable law, including, but not limited to, any authority to— (1) issue any rule or order (of general or particular applicability) pursuant to any such authority or obligation; or (2) act on a filing or filings by 1 or more transmitting utilities for the voluntary formation of a Regional Transmission Organization or Independent System Operator (as defined in the Federal Power Act) (and related market structures or rules) or voluntary modification of an existing Regional Transmission Organization or Independent System Operator (and related market structures or rules).", "id": "HBCBE1281435B49BB81EDAA30A05000ED", "header": "Standard market design" }, { "text": "1236. Native load service obligation \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 217. Native load service obligation \n(a) Meeting service obligations \n(1) Any load-serving entity that, as of the date of enactment of this section— (A) owns generation facilities, markets the output of Federal generation facilities, or holds rights under 1 or more wholesale contracts to purchase electric energy, for the purpose of meeting a service obligation, and (B) by reason of ownership of transmission facilities, or 1 or more contracts or service agreements for firm transmission service, holds firm transmission rights for delivery of the output of such generation facilities or such purchased energy to meet such service obligation, is entitled to use such firm transmission rights, or, equivalent tradable or financial transmission rights, in order to deliver such output or purchased energy, or the output of other generating facilities or purchased energy to the extent deliverable using such rights, to the extent required to meet its service obligation. (2) To the extent that all or a portion of the service obligation covered by such firm transmission rights or equivalent tradable or financial transmission rights is transferred to another load-serving entity, the successor load-serving entity shall be entitled to use the firm transmission rights or equivalent tradable or financial transmission rights associated with the transferred service obligation. Subsequent transfers to another load-serving entity, or back to the original load-serving entity, shall be entitled to the same rights. (3) The Commission shall exercise its authority under this Act in a manner that facilitates the planning and expansion of transmission facilities to meet the reasonable needs of load-serving entities to satisfy their service obligations. (b) Allocation of transmission rights \nNothing in this section shall affect any methodology approved by the Commission prior to September 15, 2003, for the allocation of transmission rights by an RTO or ISO that has been authorized by the Commission to allocate transmission rights. (c) Certain transmission rights \nThe Commission may exercise authority under this Act to make transmission rights not used to meet an obligation covered by subsection (a) available to other entities in a manner determined by the Commission to be just, reasonable, and not unduly discriminatory or preferential. (d) Obligation to build \nNothing in this Act shall relieve a load-serving entity from any obligation under State or local law to build transmission or distribution facilities adequate to meet its service obligations. (e) Contracts \nNothing in this section shall provide a basis for abrogating any contract or service agreement for firm transmission service or rights in effect as of the date of the enactment of this subsection. (f) Water pumping facilities \nThe Commission shall ensure that any entity described in section 201(f) that owns transmission facilities used predominately to support its own water pumping facilities shall have, with respect to such facilities, protections for transmission service comparable to those provided to load-serving entities pursuant to this section. (g) ERCOT \nThis section shall not apply within the area referred to in section 212(k)(2)(A). (h) Jurisdiction \nThis section does not authorize the Commission to take any action not otherwise within its jurisdiction. (i) Effect of exercising rights \nAn entity that lawfully exercises rights granted under subsection (a) shall not be considered by such action as engaging in undue discrimination or preference under this Act. (j) TVA Area \nFor purposes of subsection (a)(1)(B), a load-serving entity that is located within the service area of the Tennessee Valley Authority and that has a firm wholesale power supply contract with the Tennessee Valley Authority shall be deemed to hold firm transmission rights for the transmission of such power. (k) Definitions \nFor purposes of this section: (1) The term distribution utility means an electric utility that has a service obligation to end-users or to a State utility or electric cooperative that, directly or indirectly, through 1 or more additional State utilities or electric cooperatives, provides electric service to end-users. (2) The term load-serving entity means a distribution utility or an electric utility that has a service obligation. (3) The term service obligation means a requirement applicable to, or the exercise of authority granted to, an electric utility under Federal, State or local law or under long-term contracts to provide electric service to end-users or to a distribution utility. (4) The term State utility means a State or any political subdivision of a State, or any agency, authority, or instrumentality of any 1 or more of the foregoing, or a corporation which is wholly owned, directly or indirectly, by any 1 or more of the foregoing, competent to carry on the business of developing, transmitting, utilizing or distributing power..", "id": "HBDD568F46D57495F974516B5C6C3A46C", "header": "Native load service obligation" }, { "text": "217. Native load service obligation \n(a) Meeting service obligations \n(1) Any load-serving entity that, as of the date of enactment of this section— (A) owns generation facilities, markets the output of Federal generation facilities, or holds rights under 1 or more wholesale contracts to purchase electric energy, for the purpose of meeting a service obligation, and (B) by reason of ownership of transmission facilities, or 1 or more contracts or service agreements for firm transmission service, holds firm transmission rights for delivery of the output of such generation facilities or such purchased energy to meet such service obligation, is entitled to use such firm transmission rights, or, equivalent tradable or financial transmission rights, in order to deliver such output or purchased energy, or the output of other generating facilities or purchased energy to the extent deliverable using such rights, to the extent required to meet its service obligation. (2) To the extent that all or a portion of the service obligation covered by such firm transmission rights or equivalent tradable or financial transmission rights is transferred to another load-serving entity, the successor load-serving entity shall be entitled to use the firm transmission rights or equivalent tradable or financial transmission rights associated with the transferred service obligation. Subsequent transfers to another load-serving entity, or back to the original load-serving entity, shall be entitled to the same rights. (3) The Commission shall exercise its authority under this Act in a manner that facilitates the planning and expansion of transmission facilities to meet the reasonable needs of load-serving entities to satisfy their service obligations. (b) Allocation of transmission rights \nNothing in this section shall affect any methodology approved by the Commission prior to September 15, 2003, for the allocation of transmission rights by an RTO or ISO that has been authorized by the Commission to allocate transmission rights. (c) Certain transmission rights \nThe Commission may exercise authority under this Act to make transmission rights not used to meet an obligation covered by subsection (a) available to other entities in a manner determined by the Commission to be just, reasonable, and not unduly discriminatory or preferential. (d) Obligation to build \nNothing in this Act shall relieve a load-serving entity from any obligation under State or local law to build transmission or distribution facilities adequate to meet its service obligations. (e) Contracts \nNothing in this section shall provide a basis for abrogating any contract or service agreement for firm transmission service or rights in effect as of the date of the enactment of this subsection. (f) Water pumping facilities \nThe Commission shall ensure that any entity described in section 201(f) that owns transmission facilities used predominately to support its own water pumping facilities shall have, with respect to such facilities, protections for transmission service comparable to those provided to load-serving entities pursuant to this section. (g) ERCOT \nThis section shall not apply within the area referred to in section 212(k)(2)(A). (h) Jurisdiction \nThis section does not authorize the Commission to take any action not otherwise within its jurisdiction. (i) Effect of exercising rights \nAn entity that lawfully exercises rights granted under subsection (a) shall not be considered by such action as engaging in undue discrimination or preference under this Act. (j) TVA Area \nFor purposes of subsection (a)(1)(B), a load-serving entity that is located within the service area of the Tennessee Valley Authority and that has a firm wholesale power supply contract with the Tennessee Valley Authority shall be deemed to hold firm transmission rights for the transmission of such power. (k) Definitions \nFor purposes of this section: (1) The term distribution utility means an electric utility that has a service obligation to end-users or to a State utility or electric cooperative that, directly or indirectly, through 1 or more additional State utilities or electric cooperatives, provides electric service to end-users. (2) The term load-serving entity means a distribution utility or an electric utility that has a service obligation. (3) The term service obligation means a requirement applicable to, or the exercise of authority granted to, an electric utility under Federal, State or local law or under long-term contracts to provide electric service to end-users or to a distribution utility. (4) The term State utility means a State or any political subdivision of a State, or any agency, authority, or instrumentality of any 1 or more of the foregoing, or a corporation which is wholly owned, directly or indirectly, by any 1 or more of the foregoing, competent to carry on the business of developing, transmitting, utilizing or distributing power.", "id": "H339179CCBBD7445585B4A9CA661113FC", "header": "Native load service obligation" }, { "text": "1237. Study on the benefits of economic dispatch \n(a) Study \nThe Secretary of Energy, in coordination and consultation with the States, shall conduct a study on— (1) the procedures currently used by electric utilities to perform economic dispatch; (2) identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and (3) the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each state if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch. (b) Definition \nThe term economic dispatch when used in this section means the operation of generation facilities to produce energy at the lowest cost to reliably serve consumers, recognizing any operational limits of generation and transmission facilities. (c) Report to Congress and the States \nNot later than 90 days after the date of enactment of this Act, and on a yearly basis following, the Secretary of Energy shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.", "id": "HB0A2BC6AD1C54AFCA485EB53AB5C9E9D", "header": "Study on the benefits of economic dispatch" }, { "text": "1241. Transmission infrastructure investment \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 218. Transmission infrastructure investment \n(a) Rulemaking requirement \nWithin 1 year after the enactment of this section, the Commission shall establish, by rule, incentive-based (including, but not limited to performance-based) rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefiting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion. Such rule shall— (1) promote reliable and economically efficient transmission and generation of electricity by promoting capital investment in the enlargement, improvement, maintenance and operation of facilities for the transmission of electric energy in interstate commerce; (2) provide a return on equity that attracts new investment in transmission facilities (including related transmission technologies); (3) encourage deployment of transmission technologies and other measures to increase the capacity and efficiency of existing transmission facilities and improve the operation of such facilities; and (4) allow recovery of all prudently incurred costs necessary to comply with mandatory reliability standards issued pursuant to section 215 of this Act. The Commission may, from time to time, revise such rule. (b) Additional incentives for RTO participation \nIn the rule issued under this section, the Commission shall, to the extent within its jurisdiction, provide for incentives to each transmitting utility or electric utility that joins a Regional Transmission Organization or Independent System Operator. Incentives provided by the Commission pursuant to such rule shall include— (1) recovery of all prudently incurred costs to develop and participate in any proposed or approved RTO, ISO, or independent transmission company; (2) recovery of all costs previously approved by a State commission which exercised jurisdiction over the transmission facilities prior to the utility’s participation in the RTO or ISO, including costs necessary to honor preexisting transmission service contracts, in a manner which does not reduce the revenues the utility receives for transmission services for a reasonable transition period after the utility joins the RTO or ISO; (3) recovery as an expense in rates of the costs prudently incurred to conduct transmission planning and reliability activities, including the costs of participating in RTO, ISO and other regional planning activities and design, study and other precertification costs involved in seeking permits and approvals for proposed transmission facilities; (4) a current return in rates for construction work in progress for transmission facilities and full recovery of prudently incurred costs for constructing transmission facilities; (5) formula transmission rates; and (6) a maximum 15 year accelerated depreciation on new transmission facilities for rate treatment purposes. The Commission shall ensure that any costs recoverable pursuant to this subsection may be recovered by such utility through the transmission rates charged by such utility or through the transmission rates charged by the RTO or ISO that provides transmission service to such utility. (c) Just and reasonable rates \nAll rates approved under the rules adopted pursuant to this section, including any revisions to such rules, are subject to the requirement of sections 205 and 206 that all rates, charges, terms, and conditions be just and reasonable and not unduly discriminatory or preferential..", "id": "HBA466CA47A6342DD88F6001E35CF57C0", "header": "Transmission infrastructure investment" }, { "text": "218. Transmission infrastructure investment \n(a) Rulemaking requirement \nWithin 1 year after the enactment of this section, the Commission shall establish, by rule, incentive-based (including, but not limited to performance-based) rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefiting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion. Such rule shall— (1) promote reliable and economically efficient transmission and generation of electricity by promoting capital investment in the enlargement, improvement, maintenance and operation of facilities for the transmission of electric energy in interstate commerce; (2) provide a return on equity that attracts new investment in transmission facilities (including related transmission technologies); (3) encourage deployment of transmission technologies and other measures to increase the capacity and efficiency of existing transmission facilities and improve the operation of such facilities; and (4) allow recovery of all prudently incurred costs necessary to comply with mandatory reliability standards issued pursuant to section 215 of this Act. The Commission may, from time to time, revise such rule. (b) Additional incentives for RTO participation \nIn the rule issued under this section, the Commission shall, to the extent within its jurisdiction, provide for incentives to each transmitting utility or electric utility that joins a Regional Transmission Organization or Independent System Operator. Incentives provided by the Commission pursuant to such rule shall include— (1) recovery of all prudently incurred costs to develop and participate in any proposed or approved RTO, ISO, or independent transmission company; (2) recovery of all costs previously approved by a State commission which exercised jurisdiction over the transmission facilities prior to the utility’s participation in the RTO or ISO, including costs necessary to honor preexisting transmission service contracts, in a manner which does not reduce the revenues the utility receives for transmission services for a reasonable transition period after the utility joins the RTO or ISO; (3) recovery as an expense in rates of the costs prudently incurred to conduct transmission planning and reliability activities, including the costs of participating in RTO, ISO and other regional planning activities and design, study and other precertification costs involved in seeking permits and approvals for proposed transmission facilities; (4) a current return in rates for construction work in progress for transmission facilities and full recovery of prudently incurred costs for constructing transmission facilities; (5) formula transmission rates; and (6) a maximum 15 year accelerated depreciation on new transmission facilities for rate treatment purposes. The Commission shall ensure that any costs recoverable pursuant to this subsection may be recovered by such utility through the transmission rates charged by such utility or through the transmission rates charged by the RTO or ISO that provides transmission service to such utility. (c) Just and reasonable rates \nAll rates approved under the rules adopted pursuant to this section, including any revisions to such rules, are subject to the requirement of sections 205 and 206 that all rates, charges, terms, and conditions be just and reasonable and not unduly discriminatory or preferential.", "id": "H82C54529192140409ED43761A7CA8600", "header": "Transmission infrastructure investment" }, { "text": "1242. Voluntary transmission pricing plans \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 219. Voluntary transmission pricing plans \n(a) In general \nAny transmission provider, including an RTO or ISO, may submit to the Commission a plan or plans under section 205 containing the criteria for determining the person or persons that will be required to pay for any construction of new transmission facilities or expansion, modification or upgrade of transmission facilities (in this section referred to as transmission service related expansion ) or new generator interconnection. (b) Voluntary transmission pricing plans \n(1) Any plan or plans submitted under subsection (a) shall specify the method or methods by which costs may be allocated or assigned. Such methods may include, but are not limited to: (A) directly assigned; (B) participant funded; or (C) rolled into regional or sub-regional rates. (2) FERC shall approve a plan or plans submitted under subparagraph (B) of paragraph (1) if such plan or plans— (A) result in rates that are just and reasonable and not unduly discriminatory or preferential consistent with section 205; and (B) ensure that the costs of any transmission service related expansion or new generator interconnection not required to meet applicable reliability standards established under section 215 are assigned in a fair manner, meaning that those who benefit from the transmission service related expansion or new generator interconnection pay an appropriate share of the associated costs, provided that— (i) costs may not be assigned or allocated to an electric utility if the native load customers of that utility would not have required such transmission service related expansion or new generator interconnection absent the request for transmission service related expansion or new generator interconnection that necessitated the investment; (ii) the party requesting such transmission service related expansion or new generator interconnection shall not be required to pay for both— (I) the assigned cost of the upgrade; and (II) the difference between— (aa) the embedded cost paid for transmission services (including the cost of the requested upgrade); and (bb) the embedded cost that would have been paid absent the upgrade; and (iii) the party or parties who pay for facilities necessary for the transmission service related expansion or new generator interconnection receives full compensation for its costs for the participant funded facilities in the form of— (I) monetary credit equal to the cost of the participant funded facilities (accounting for the time value of money at the Gross Domestic Product deflator), which credit shall be pro-rated in equal installments over a period of not more than 30 years and shall not exceed in total the amount of the initial investment, against the transmission charges that the funding entity or its assignee is otherwise assessed by the transmission provider; (II) appropriate financial or physical rights; or (III) any other method of cost recovery or compensation approved by the Commission. (3) A plan submitted under this section shall apply only to— (A) a contract or interconnection agreement executed or filed with the Commission after the date of enactment of this section; or (B) an interconnection agreement pending rehearing as of November 1, 2003. (4) Nothing in this section diminishes or alters the rights of individual members of an RTO or ISO under this Act. (5) Nothing in this section shall affect the allocation of costs or the cost methodology employed by an RTO or ISO authorized by the Commission to allocate costs (including costs for transmission service related expansion or new generator interconnection) prior to the date of enactment of this section. (6) This section shall not apply within the area referred to in section 212(k)(2)(A). (7) The term transmission provider means a public utility that owns or operates facilities that provide interconnection or transmission service in interstate commerce..", "id": "HD9C8D36DC7D74DA4B1FF839391125728", "header": "Voluntary transmission pricing plans" }, { "text": "219. Voluntary transmission pricing plans \n(a) In general \nAny transmission provider, including an RTO or ISO, may submit to the Commission a plan or plans under section 205 containing the criteria for determining the person or persons that will be required to pay for any construction of new transmission facilities or expansion, modification or upgrade of transmission facilities (in this section referred to as transmission service related expansion ) or new generator interconnection. (b) Voluntary transmission pricing plans \n(1) Any plan or plans submitted under subsection (a) shall specify the method or methods by which costs may be allocated or assigned. Such methods may include, but are not limited to: (A) directly assigned; (B) participant funded; or (C) rolled into regional or sub-regional rates. (2) FERC shall approve a plan or plans submitted under subparagraph (B) of paragraph (1) if such plan or plans— (A) result in rates that are just and reasonable and not unduly discriminatory or preferential consistent with section 205; and (B) ensure that the costs of any transmission service related expansion or new generator interconnection not required to meet applicable reliability standards established under section 215 are assigned in a fair manner, meaning that those who benefit from the transmission service related expansion or new generator interconnection pay an appropriate share of the associated costs, provided that— (i) costs may not be assigned or allocated to an electric utility if the native load customers of that utility would not have required such transmission service related expansion or new generator interconnection absent the request for transmission service related expansion or new generator interconnection that necessitated the investment; (ii) the party requesting such transmission service related expansion or new generator interconnection shall not be required to pay for both— (I) the assigned cost of the upgrade; and (II) the difference between— (aa) the embedded cost paid for transmission services (including the cost of the requested upgrade); and (bb) the embedded cost that would have been paid absent the upgrade; and (iii) the party or parties who pay for facilities necessary for the transmission service related expansion or new generator interconnection receives full compensation for its costs for the participant funded facilities in the form of— (I) monetary credit equal to the cost of the participant funded facilities (accounting for the time value of money at the Gross Domestic Product deflator), which credit shall be pro-rated in equal installments over a period of not more than 30 years and shall not exceed in total the amount of the initial investment, against the transmission charges that the funding entity or its assignee is otherwise assessed by the transmission provider; (II) appropriate financial or physical rights; or (III) any other method of cost recovery or compensation approved by the Commission. (3) A plan submitted under this section shall apply only to— (A) a contract or interconnection agreement executed or filed with the Commission after the date of enactment of this section; or (B) an interconnection agreement pending rehearing as of November 1, 2003. (4) Nothing in this section diminishes or alters the rights of individual members of an RTO or ISO under this Act. (5) Nothing in this section shall affect the allocation of costs or the cost methodology employed by an RTO or ISO authorized by the Commission to allocate costs (including costs for transmission service related expansion or new generator interconnection) prior to the date of enactment of this section. (6) This section shall not apply within the area referred to in section 212(k)(2)(A). (7) The term transmission provider means a public utility that owns or operates facilities that provide interconnection or transmission service in interstate commerce.", "id": "HD268072284054915B9C478E090164B32", "header": "Voluntary transmission pricing plans" }, { "text": "1251. Net metering and additional standards \n(a) Adoption of standards \nSection 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (11) Net metering \nEach electric utility shall make available upon request net metering service to any electric consumer that the electric utility serves. For purposes of this paragraph, the term net metering service means service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. (12) Fuel sources \nEach electric utility shall develop a plan to minimize dependence on 1 fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies. (13) Fossil fuel generation efficiency \nEach electric utility shall develop and implement a 10-year plan to increase the efficiency of its fossil fuel generation.. (b) Compliance \n(1) Time limitations \nSection 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (3) (A) Not later than 2 years after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for such consideration, with respect to each standard established by paragraphs (11) through (13) of section 111(d). (B) Not later than 3 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraphs (11) through (13) of section 111(d).. (2) Failure to comply \nSection 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of each standard established by paragraphs (11) through (13) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraphs (11) through (13).. (3) Prior State actions \n(A) In general \nSection 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following: (d) Prior State actions \nSubsections (b) and (c) of this section shall not apply to the standards established by paragraphs (11) through (13) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— (1) the State has implemented for such utility the standard concerned (or a comparable standard); (2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or (3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.. (B) Cross reference \nSection 124 of such Act ( 16 U.S.C. 2634 ) is amended by adding the following at the end thereof: In the case of each standard established by paragraphs (11) through (13) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraphs (11) through (13)..", "id": "H5332B23CC6B9482A858E61A632A6BAE7", "header": "Net metering and additional standards" }, { "text": "1252. Smart metering \n(a) In general \nSection 111(d) of the Public Utilities Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (14) Time-based metering and communications \n(A) Not later than 18 months after the date of enactment of this paragraph, each electric utility shall offer each of its customer classes, and provide individual customers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility’s costs of generating and purchasing electricity at the wholesale level. The time-based rate schedule shall enable the electric consumer to manage energy use and cost through advanced metering and communications technology. (B) The types of time-based rate schedules that may be offered under the schedule referred to in subparagraph (A) include, among others— (i) time-of-use pricing whereby electricity prices are set for a specific time period on an advance or forward basis, typically not changing more often than twice a year, based on the utility’s cost of generating and/or purchasing such electricity at the wholesale level for the benefit of the consumer. Prices paid for energy consumed during these periods shall be pre-established and known to consumers in advance of such consumption, allowing them to vary their demand and usage in response to such prices and manage their energy costs by shifting usage to a lower cost period or reducing their consumption overall; (ii) critical peak pricing whereby time-of-use prices are in effect except for certain peak days, when prices may reflect the costs of generating and/or purchasing electricity at the wholesale level and when consumers may receive additional discounts for reducing peak period energy consumption; and (iii) real-time pricing whereby electricity prices are set for a specific time period on an advanced or forward basis, reflecting the utility’s cost of generating and/or purchasing electricity at the wholesale level, and may change as often as hourly. (C) Each electric utility subject to subparagraph (A) shall provide each customer requesting a time-based rate with a time-based meter capable of enabling the utility and customer to offer and receive such rate, respectively. (D) For purposes of implementing this paragraph, any reference contained in this section to the date of enactment of the Public Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date of enactment of this paragraph. (E) In a State that permits third-party marketers to sell electric energy to retail electric consumers, such consumers shall be entitled to receive the same time-based metering and communications device and service as a retail electric consumer of the electric utility. (F) Notwithstanding subsections (b) and (c) of section 112, each State regulatory authority shall, not later than 18 months after the date of enactment of this paragraph conduct an investigation in accordance with section 115(i) and issue a decision whether it is appropriate to implement the standards set out in subparagraphs (A) and (C).. (b) State investigation of demand response and time-based metering \nSection 115 of the Public Utilities Regulatory Policies Act of 1978 ( 16 U.S.C. 2625 ) is amended as follows: (1) By inserting in subsection (b) after the phrase the standard for time-of-day rates established by section 111(d)(3) the following: and the standard for time-based metering and communications established by section 111(d)(14). (2) By inserting in subsection (b) after the phrase are likely to exceed the metering the following: and communications. (3) By adding the at the end the following: (i) Time-based metering and communications \nIn making a determination with respect to the standard established by section 111(d)(14), the investigation requirement of section 111(d)(14)(F) shall be as follows: Each State regulatory authority shall conduct an investigation and issue a decision whether or not it is appropriate for electric utilities to provide and install time-based meters and communications devices for each of their customers which enable such customers to participate in time-based pricing rate schedules and other demand response programs.. (c) Federal assistance on demand response \nSection 132(a) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2642(a) ) is amended by striking and at the end of paragraph (3), striking the period at the end of paragraph (4) and inserting ; and , and by adding the following at the end thereof: (5) technologies, techniques, and rate-making methods related to advanced metering and communications and the use of these technologies, techniques and methods in demand response programs.. (d) Federal guidance \nSection 132 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2642 ) is amended by adding the following at the end thereof: (d) Demand response \nThe Secretary shall be responsible for— (1) educating consumers on the availability, advantages, and benefits of advanced metering and communications technologies, including the funding of demonstration or pilot projects; (2) working with States, utilities, other energy providers and advanced metering and communications experts to identify and address barriers to the adoption of demand response programs; and (3) not later than 180 days after the date of enactment of the Energy Policy Act of 2003, providing Congress with a report that identifies and quantifies the national benefits of demand response and makes a recommendation on achieving specific levels of such benefits by January 1, 2005.. (e) Demand response and regional coordination \n(1) In general \nIt is the policy of the United States to encourage States to coordinate, on a regional basis, State energy policies to provide reliable and affordable demand response services to the public. (2) Technical assistance \nThe Secretary of Energy shall provide technical assistance to States and regional organizations formed by 2 or more States to assist them in— (A) identifying the areas with the greatest demand response potential; (B) identifying and resolving problems in transmission and distribution networks, including through the use of demand response; (C) developing plans and programs to use demand response to respond to peak demand or emergency needs; and (D) identifying specific measures consumers can take to participate in these demand response programs. (3) Report \nNot later than 1 year after the date of enactment of the Energy Policy Act of 2003, the Commission shall prepare and publish an annual report, by appropriate region, that assesses demand response resources, including those available from all consumer classes, and which identifies and reviews— (A) saturation and penetration rate of advanced meters and communications technologies, devices and systems; (B) existing demand response programs and time-based rate programs; (C) the annual resource contribution of demand resources; (D) the potential for demand response as a quantifiable, reliable resource for regional planning purposes; and (E) steps taken to ensure that, in regional transmission planning and operations, demand resources are provided equitable treatment as a quantifiable, reliable resource relative to the resource obligations of any load-serving entity, transmission provider, or transmitting party. (f) Federal encouragement of demand response devices \nIt is the policy of the United States that time-based pricing and other forms of demand response, whereby electricity customers are provided with electricity price signals and the ability to benefit by responding to them, shall be encouraged, and the deployment of such technology and devices that enable electricity customers to participate in such pricing and demand response systems shall be facilitated. It is further the policy of the United States that the benefits of such demand response that accrue to those not deploying such technology and devices, but who are part of the same regional electricity entity, shall be recognized. (g) Time limitations \nSection 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (4) (A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for such consideration, with respect to the standard established by paragraph (14) of section 111(d). (B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (14) of section 111(d).. (h) Failure to comply \nSection 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of the standard established by paragraph (14) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (14).. (i) Prior State actions regarding smart metering standards \n(1) In general \nSection 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following: (e) Prior State actions \nSubsections (b) and (c) of this section shall not apply to the standard established by paragraph (14) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— (1) the State has implemented for such utility the standard concerned (or a comparable standard); (2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility within the previous 3 years; or (3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility within the previous 3 years.. (2) Cross reference \nSection 124 of such Act ( 16 U.S.C. 2634 ) is amended by adding the following at the end thereof: In the case of the standard established by paragraph (14) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (14)..", "id": "HA28EC708DD6043048DABF92F2FF3779F", "header": "Smart metering" }, { "text": "1253. Cogeneration and small power production purchase and sale requirements \n(a) Termination of mandatory purchase and sale requirements \nSection 210 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3 ) is amended by adding at the end the following: (m) Termination of mandatory purchase and sale requirements \n(1) Obligation to purchase \nAfter the date of enactment of this subsection, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying cogeneration facility or a qualifying small power production facility under this section if the Commission finds that the qualifying cogeneration facility or qualifying small power production facility has nondiscriminatory access to— (A) (i) independently administered, auction-based day ahead and real time wholesale markets for the sale of electric energy; and (ii) wholesale markets for long-term sales of capacity and electric energy; or (B) (i) transmission and interconnection services that are provided by a Commission-approved regional transmission entity and administered pursuant to an open access transmission tariff that affords nondiscriminatory treatment to all customers; and (ii) competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the qualifying facility is interconnected. In determining whether a meaningful opportunity to sell exists, the Commission shall consider, among other factors, evidence of transactions within the relevant market; or (C) wholesale markets for the sale of capacity and electric energy that are, at a minimum, of comparable competitive quality as markets described in subparagraphs (A) and (B). (2) Revised purchase and sale obligation for new facilities \n(A) After the date of enactment of this subsection, no electric utility shall be required pursuant to this section to enter into a new contract or obligation to purchase from or sell electric energy to a facility that is not an existing qualifying cogeneration facility unless the facility meets the criteria for qualifying cogeneration facilities established by the Commission pursuant to the rulemaking required by subsection (n). (B) For the purposes of this paragraph, the term existing qualifying cogeneration facility means a facility that— (i) was a qualifying cogeneration facility on the date of enactment of subsection (m); or (ii) had filed with the Commission a notice of self-certification, self recertification or an application for Commission certification under 18 C.F.R. 292.207 prior to the date on which the Commission issues the final rule required by subsection (n). (3) Commission review \nAny electric utility may file an application with the Commission for relief from the mandatory purchase obligation pursuant to this subsection on a service territory-wide basis. Such application shall set forth the factual basis upon which relief is requested and describe why the conditions set forth in subparagraphs (A), (B) or (C) of paragraph (1) of this subsection have been met. After notice, including sufficient notice to potentially affected qualifying cogeneration facilities and qualifying small power production facilities, and an opportunity for comment, the Commission shall make a final determination within 90 days of such application regarding whether the conditions set forth in subparagraphs (A), (B) or (C) of paragraph (1) have been met. (4) Reinstatement of obligation to purchase \nAt any time after the Commission makes a finding under paragraph (3) relieving an electric utility of its obligation to purchase electric energy, a qualifying cogeneration facility, a qualifying small power production facility, a State agency, or any other affected person may apply to the Commission for an order reinstating the electric utility’s obligation to purchase electric energy under this section. Such application shall set forth the factual basis upon which the application is based and describe why the conditions set forth in subparagraphs (A), (B) or (C) of paragraph (1) of this subsection are no longer met. After notice, including sufficient notice to potentially affected utilities, and opportunity for comment, the Commission shall issue an order within 90 days of such application reinstating the electric utility’s obligation to purchase electric energy under this section if the Commission finds that the conditions set forth in subparagraphs (A), (B) or (C) of paragraph (1) which relieved the obligation to purchase, are no longer met. (5) Obligation to sell \nAfter the date of enactment of this subsection, no electric utility shall be required to enter into a new contract or obligation to sell electric energy to a qualifying cogeneration facility or a qualifying small power production facility under this section if the Commission finds that— (A) competing retail electric suppliers are willing and able to sell and deliver electric energy to the qualifying cogeneration facility or qualifying small power production facility; and (B) the electric utility is not required by State law to sell electric energy in its service territory. (6) No effect on existing rights and remedies \nNothing in this subsection affects the rights or remedies of any party under any contract or obligation, in effect or pending approval before the appropriate State regulatory authority or non-regulated electric utility on the date of enactment of this subsection, to purchase electric energy or capacity from or to sell electric energy or capacity to a qualifying cogeneration facility or qualifying small power production facility under this Act (including the right to recover costs of purchasing electric energy or capacity). (7) Recovery of costs \n(A) The Commission shall issue and enforce such regulations as are necessary to ensure that an electric utility that purchases electric energy or capacity from a qualifying cogeneration facility or qualifying small power production facility in accordance with any legally enforceable obligation entered into or imposed under this section recovers all prudently incurred costs associated with the purchase. (B) A regulation under subparagraph (A) shall be enforceable in accordance with the provisions of law applicable to enforcement of regulations under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (n) Rulemaking for new qualifying facilities \n(1) (A) Not later than 180 days after the date of enactment of this section, the Commission shall issue a rule revising the criteria in 18 C.F.R. 292.205 for new qualifying cogeneration facilities seeking to sell electric energy pursuant to section 210 of this Act to ensure— (i) that the thermal energy output of a new qualifying cogeneration facility is used in a productive and beneficial manner; (ii) the electrical, thermal, and chemical output of the cogeneration facility is used fundamentally for industrial, commercial, or institutional purposes and is not intended fundamentally for sale to an electric utility, taking into account technological, efficiency, economic, and variable thermal energy requirements, as well as State laws applicable to sales of electric energy from a qualifying facility to its host facility; and (iii) continuing progress in the development of efficient electric energy generating technology. (B) The rule issued pursuant to section (n)(1)(A) shall be applicable only to facilities that seek to sell electric energy pursuant to section 210 of this Act. For all other purposes, except as specifically provided in section (m)(2)(A), qualifying facility status shall be determined in accordance with the rules and regulations of this Act. (2) Notwithstanding rule revisions under paragraph (1), the Commission’s criteria for qualifying cogeneration facilities in effect prior to the date on which the Commission issues the final rule required by paragraph (1) shall continue to apply to any cogeneration facility that— (A) was a qualifying cogeneration facility on the date of enactment of subsection (m), or (B) had filed with the Commission a notice of self-certification, self-recertification or an application for Commission certification under 18 C.F.R. 292.207 prior to the date on which the Commission issues the final rule required by paragraph (1).. (b) Elimination of ownership limitations \n(1) Qualifying small power production facility \nSection 3(17)(C) of the Federal Power Act ( 16 U.S.C. 796(17)(C) ) is amended to read as follows: (C) qualifying small power production facility means a small power production facility that the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe;. (2) Qualifying cogeneration facility \nSection 3(18)(B) of the Federal Power Act ( 16 U.S.C. 796(18)(B) ) is amended to read as follows: (B) qualifying cogeneration facility means a cogeneration facility that the Commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe;.", "id": "H0C182274781E4A669FA2DC43802FB9C", "header": "Cogeneration and small power production purchase and sale requirements" }, { "text": "1261. Short title \nThis subtitle may be cited as the Public Utility Holding Company Act of 2004.", "id": "HDD7F76E0D348444AA34412E35FB93B1B", "header": "Short title" }, { "text": "1262. Definitions \nFor purposes of this subtitle: (1) Affiliate \nThe term affiliate of a company means any company, 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company. (2) Associate company \nThe term associate company of a company means any company in the same holding company system with such company. (3) Commission \nThe term Commission means the Federal Energy Regulatory Commission. (4) Company \nThe term company means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing. (5) Electric utility company \nThe term electric utility company means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale. (6) Exempt wholesale generator and foreign utility company \nThe terms exempt wholesale generator and foreign utility company have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z–5a, 79z–5b), as those sections existed on the day before the effective date of this subtitle. (7) Gas utility company \nThe term gas utility company means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power. (8) Holding company \nThe term holding company means— (A) any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public-utility company or of a holding company of any public-utility company; and (B) any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with 1 or more persons) such a controlling influence over the management or policies of any public-utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this subtitle upon holding companies. (9) Holding company system \nThe term holding company system means a holding company, together with its subsidiary companies. (10) Jurisdictional rates \nThe term jurisdictional rates means rates accepted or established by the Commission for the transmission of electric energy in interstate commerce, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas in interstate commerce, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use. (11) Natural gas company \nThe term natural gas company means a person engaged in the transportation of natural gas in interstate commerce or the sale of such gas in interstate commerce for resale. (12) Person \nThe term person means an individual or company. (13) Public utility \nThe term public utility means any person who owns or operates facilities used for transmission of electric energy in interstate commerce or sales of electric energy at wholesale in interstate commerce. (14) Public-utility company \nThe term public-utility company means an electric utility company or a gas utility company. (15) State Commission \nThe term State commission means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate public utility companies. (16) Subsidiary company \nThe term subsidiary company of a holding company means— (A) any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and (B) any person, the management or policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with 1 or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this subtitle upon subsidiary companies of holding companies. (17) Voting security \nThe term voting security means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company.", "id": "H8F55D0BC4F6A4C30A0B99BDD915D3EB5", "header": "Definitions" }, { "text": "1263. Repeal of the Public Utility Holding Company Act of 1935 \nThe Public Utility Holding Company Act of 1935 ( 15 U.S.C. 79 et seq. ) is repealed.", "id": "H4A63FC3514B9432E9E14460208B29D89", "header": "Repeal of the Public Utility Holding Company Act of 1935" }, { "text": "1264. Federal access to books and records \n(a) In general \nEach holding company and each associate company thereof shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. (b) Affiliate companies \nEach affiliate of a holding company or of any subsidiary company of a holding company shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records with respect to any transaction with another affiliate, as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. (c) Holding company systems \nThe Commission may examine the books, accounts, memoranda, and other records of any company in a holding company system, or any affiliate thereof, as the Commission determines are relevant to costs incurred by a public utility or natural gas company within such holding company system and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. (d) Confidentiality \nNo member, officer, or employee of the Commission shall divulge any fact or information that may come to his or her knowledge during the course of examination of books, accounts, memoranda, or other records as provided in this section, except as may be directed by the Commission or by a court of competent jurisdiction.", "id": "HCB99C258B9B14EE99EC0190063DB1C4F", "header": "Federal access to books and records" }, { "text": "1265. State access to books and records \n(a) In general \nUpon the written request of a State commission having jurisdiction to regulate a public-utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public-utility company, wherever located, shall produce for inspection books, accounts, memoranda, and other records that— (1) have been identified in reasonable detail in a proceeding before the State commission; (2) the State commission determines are relevant to costs incurred by such public-utility company; and (3) are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding. (b) Limitation \nSubsection (a) does not apply to any person that is a holding company solely by reason of ownership of 1 or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ). (c) Confidentiality of information \nThe production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information. (d) Effect on State law \nNothing in this section shall preempt applicable State law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any State to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise. (e) Court jurisdiction \nAny United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.", "id": "HC8CCA5CAF4C941E19F50A66F30848345", "header": "State access to books and records" }, { "text": "1266. Exemption authority \n(a) Rulemaking \nNot later than 90 days after the effective date of this subtitle, the Commission shall issue a final rule to exempt from the requirements of section 1264 (relating to Federal access to books and records) any person that is a holding company, solely with respect to 1 or more— (1) qualifying facilities under the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ); (2) exempt wholesale generators; or (3) foreign utility companies. (b) Other authority \nThe Commission shall exempt a person or transaction from the requirements of section 1264 (relating to Federal access to books and records) if, upon application or upon the motion of the Commission— (1) the Commission finds that the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or (2) the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company.", "id": "H3D5B71948DD44FCCB0FD8EDF140069D9", "header": "Exemption authority" }, { "text": "1267. Affiliate transactions \n(a) Commission authority unaffected \nNothing in this subtitle shall limit the authority of the Commission under the Federal Power Act ( 16 U.S.C. 791a et seq. ) to require that jurisdictional rates are just and reasonable, including the ability to deny or approve the pass through of costs, the prevention of cross-subsidization, and the issuance of such rules and regulations as are necessary or appropriate for the protection of utility consumers. (b) Recovery of costs \nNothing in this subtitle shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public-utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public-utility company from an associate company.", "id": "H7567088FE33A45BE979D3037C8A24C19", "header": "Affiliate transactions" }, { "text": "1268. Applicability \nExcept as otherwise specifically provided in this subtitle, no provision of this subtitle shall apply to, or be deemed to include— (1) the United States; (2) a State or any political subdivision of a State; (3) any foreign governmental authority not operating in the United States; (4) any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or (5) any officer, agent, or employee of any entity referred to in paragraph (1), (2), (3), or (4) acting as such in the course of his or her official duty.", "id": "H231AF0737C3549FD98B42673AA00AFB3", "header": "Applicability" }, { "text": "1269. Effect on other regulations \nNothing in this subtitle precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers.", "id": "HFDF3484F7AEE44AB008593ABDE9DDDA", "header": "Effect on other regulations" }, { "text": "1270. Enforcement \nThe Commission shall have the same powers as set forth in sections 306 through 317 of the Federal Power Act ( 16 U.S.C. 825e–825p ) to enforce the provisions of this subtitle.", "id": "HA66B326ABCAF4ED1B6409B9536E0A461", "header": "Enforcement" }, { "text": "1271. Savings provisions \n(a) In general \nNothing in this subtitle, or otherwise in the Public Utility Holding Company Act of 1935, or rules, regulations, or orders thereunder, prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on the date of enactment of this Act, if that person continues to comply with the terms (other than an expiration date or termination date) of any such authorization, whether by rule or by order. (b) Effect on other Commission authority \nNothing in this subtitle limits the authority of the Commission under the Federal Power Act ( 16 U.S.C. 791a et seq. ) or the Natural Gas Act ( 15 U.S.C. 717 et seq. ).", "id": "HF65D4EA5F7634C128D02765324021F00", "header": "Savings provisions" }, { "text": "1272. Implementation \nNot later than 12 months after the date of enactment of this subtitle, the Commission shall— (1) issue such regulations as may be necessary or appropriate to implement this subtitle (other than section 1265, relating to State access to books and records); and (2) submit to Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this subtitle and the amendments made by this subtitle.", "id": "H74147AE984964742B6D4FF76EE2D5833", "header": "Implementation" }, { "text": "1273. Transfer of resources \nAll books and records that relate primarily to the functions transferred to the Commission under this subtitle shall be transferred from the Securities and Exchange Commission to the Commission.", "id": "HF3710CA0A2124A80827FCAF1C4348D26", "header": "Transfer of resources" }, { "text": "1274. Effective date \n(a) In general \nExcept for section 1272 (relating to implementation), this subtitle shall take effect 12 months after the date of enactment of this subtitle. (b) Compliance with certain rules \nIf the Commission approves and makes effective any final rulemaking modifying the standards of conduct governing entities that own, operate, or control facilities for transmission of electricity in interstate commerce or transportation of natural gas in interstate commerce prior to the effective date of this subtitle, any action taken by a public-utility company or utility holding company to comply with the requirements of such rulemaking shall not subject such public-utility company or utility holding company to any regulatory requirement applicable to a holding company under the Public Utility Holding Company Act of 1935 ( 15 U.S.C. 79 et seq. ).", "id": "H7AF837F43CD646A09D6EE79F017B32D6", "header": "Effective date" }, { "text": "1275. Service allocation \n(a) FERC review \nIn the case of non-power goods or administrative or management services provided by an associate company organized specifically for the purpose of providing such goods or services to any public utility in the same holding company system, at the election of the system or a State commission having jurisdiction over the public utility, the Commission, after the effective date of this subtitle, shall review and authorize the allocation of the costs for such goods or services to the extent relevant to that associate company in order to assure that each allocation is appropriate for the protection of investors and consumers of such public utility. (b) Cost allocation \nNothing in this section shall preclude the Commission or a State commission from exercising its jurisdiction under other applicable law with respect to the review or authorization of any costs allocated to a public utility in a holding company system located in the affected State as a result of the acquisition of non-power goods or administrative and management services by such public utility from an associate company organized specifically for that purpose. (c) Rules \nNot later than 6 months after the date of enactment of this Act, the Commission shall issue rules (which rules shall be effective no earlier than the effective date of this subtitle) to exempt from the requirements of this section any company in a holding company system whose public utility operations are confined substantially to a single State and any other class of transactions that the Commission finds is not relevant to the jurisdictional rates of a public utility. (d) Public utility \nAs used in this section, the term public utility has the meaning given that term in section 201(e) of the Federal Power Act.", "id": "H90ED5F95D0084DDCA8F0AFE8F2E21DE6", "header": "Service allocation" }, { "text": "1276. Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to carry out this subtitle.", "id": "H3F4F3EC03E554DD889763918BEF00784", "header": "Authorization of appropriations" }, { "text": "1277. Conforming amendments to the Federal Power Act \n(a) Conflict of jurisdiction \nSection 318 of the Federal Power Act ( 16 U.S.C. 825q ) is repealed. (b) Definitions \n(1) Section 201(g)(5) of the Federal Power Act ( 16 U.S.C. 824(g)(5) ) is amended by striking 1935 and inserting 2003. (2) Section 214 of the Federal Power Act ( 16 U.S.C. 824m ) is amended by striking 1935 and inserting 2003.", "id": "HE1A4C4FEAA0540F8918FBB29B4FE1B92", "header": "Conforming amendments to the Federal Power Act" }, { "text": "1281. Market transparency rules \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 220. Market transparency rules \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Commission shall issue rules establishing an electronic information system to provide the Commission and the public with access to such information as is necessary or appropriate to facilitate price transparency and participation in markets subject to the Commission’s jurisdiction under this Act. Such systems shall provide information about the availability and market price of wholesale electric energy and transmission services to the Commission, State commissions, buyers and sellers of wholesale electric energy, users of transmission services, and the public on a timely basis. The Commission shall have authority to obtain such information from any electric utility or transmitting utility, including any entity described in section 201(f). (b) Exemptions \nThe Commission shall exempt from disclosure information it determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize system security. This section shall not apply to transactions for the purchase or sale of wholesale electric energy or transmission services within the area described in section 212(k)(2)(A). In determining the information to be made available under this section and time to make such information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anti-competitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information. (c) Commodity Futures Trading Commission \nThis section shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ). Any request for information to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission. (d) Savings provision \nIn exercising its authority under this section, the Commission shall not— (1) compete with, or displace from the market place, any price publisher; or (2) regulate price publishers or impose any requirements on the publication of information..", "id": "H8E8D1DB0747B4CC4BB7700906ED11CCD", "header": "Market transparency rules" }, { "text": "220. Market transparency rules \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Commission shall issue rules establishing an electronic information system to provide the Commission and the public with access to such information as is necessary or appropriate to facilitate price transparency and participation in markets subject to the Commission’s jurisdiction under this Act. Such systems shall provide information about the availability and market price of wholesale electric energy and transmission services to the Commission, State commissions, buyers and sellers of wholesale electric energy, users of transmission services, and the public on a timely basis. The Commission shall have authority to obtain such information from any electric utility or transmitting utility, including any entity described in section 201(f). (b) Exemptions \nThe Commission shall exempt from disclosure information it determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize system security. This section shall not apply to transactions for the purchase or sale of wholesale electric energy or transmission services within the area described in section 212(k)(2)(A). In determining the information to be made available under this section and time to make such information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anti-competitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information. (c) Commodity Futures Trading Commission \nThis section shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ). Any request for information to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission. (d) Savings provision \nIn exercising its authority under this section, the Commission shall not— (1) compete with, or displace from the market place, any price publisher; or (2) regulate price publishers or impose any requirements on the publication of information.", "id": "H80D14C1772BC466E8F323582EC739100", "header": "Market transparency rules" }, { "text": "1282. Market manipulation \nPart II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 221. Prohibition on filing false information \nNo person or other entity (including an entity described in section 201(f)) shall willfully and knowingly report any information relating to the price of electricity sold at wholesale or availability of transmission capacity, which information the person or any other entity knew to be false at the time of the reporting, to a Federal agency with intent to fraudulently affect the data being compiled by such Federal agency. 222. Prohibition on round trip trading \n(a) Prohibition \nNo person or other entity (including an entity described in section 201(f)) shall willfully and knowingly enter into any contract or other arrangement to execute a round trip trade for the purchase or sale of electric energy at wholesale. (b) Definition \nFor the purposes of this section, the term round trip trade means a transaction, or combination of transactions, in which a person or any other entity— (1) enters into a contract or other arrangement to purchase from, or sell to, any other person or other entity electric energy at wholesale; (2) simultaneously with entering into the contract or arrangement described in paragraph (1), arranges a financially offsetting trade with such other person or entity for the same such electric energy, at the same location, price, quantity and terms so that, collectively, the purchase and sale transactions in themselves result in no financial gain or loss; and (3) enters into the contract or arrangement with a specific intent to fraudulently affect reported revenues, trading volumes, or prices..", "id": "HB4F47E9A0E1747FDB2FF054B806624BE", "header": "Market manipulation" }, { "text": "221. Prohibition on filing false information \nNo person or other entity (including an entity described in section 201(f)) shall willfully and knowingly report any information relating to the price of electricity sold at wholesale or availability of transmission capacity, which information the person or any other entity knew to be false at the time of the reporting, to a Federal agency with intent to fraudulently affect the data being compiled by such Federal agency.", "id": "H8E2BC255D2234F4C9621388DF57D86F1", "header": "Prohibition on filing false information" }, { "text": "222. Prohibition on round trip trading \n(a) Prohibition \nNo person or other entity (including an entity described in section 201(f)) shall willfully and knowingly enter into any contract or other arrangement to execute a round trip trade for the purchase or sale of electric energy at wholesale. (b) Definition \nFor the purposes of this section, the term round trip trade means a transaction, or combination of transactions, in which a person or any other entity— (1) enters into a contract or other arrangement to purchase from, or sell to, any other person or other entity electric energy at wholesale; (2) simultaneously with entering into the contract or arrangement described in paragraph (1), arranges a financially offsetting trade with such other person or entity for the same such electric energy, at the same location, price, quantity and terms so that, collectively, the purchase and sale transactions in themselves result in no financial gain or loss; and (3) enters into the contract or arrangement with a specific intent to fraudulently affect reported revenues, trading volumes, or prices.", "id": "HC2AFE7D1952740CD974178793B9DC086", "header": "Prohibition on round trip trading" }, { "text": "1283. Enforcement \n(a) Complaints \nSection 306 of the Federal Power Act ( 16 U.S.C. 825e ) is amended as follows: (1) By inserting electric utility, after Any person,. (2) By inserting , transmitting utility, after licensee each place it appears. (b) Review of Commission orders \nSection 313(a) of the Federal Power Act ( 16 U.S.C. 8251 ) is amended by inserting electric utility, after person, in the first 2 places it appears and by striking any person unless such person and inserting any entity unless such entity. (c) Investigations \nSection 307(a) of the Federal Power Act ( 16 U.S.C. 825f(a) ) is amended as follows: (1) By inserting , electric utility, transmitting utility, or other entity after person each time it appears. (2) By striking the period at the end of the first sentence and inserting the following: or in obtaining information about the sale of electric energy at wholesale in interstate commerce and the transmission of electric energy in interstate commerce.. (d) Criminal penalties \nSection 316 of the Federal Power Act ( 16 U.S.C. 825o ) is amended— (1) in subsection (a), by striking $5,000 and inserting $1,000,000 , and by striking two years and inserting 5 years ; (2) in subsection (b), by striking $500 and inserting $25,000 ; and (3) by striking subsection (c). (e) Civil penalties \nSection 316A of the Federal Power Act ( 16 U.S.C. 825o–1 ) is amended as follows: (1) In subsections (a) and (b), by striking section 211, 212, 213, or 214 each place it appears and inserting Part II. (2) In subsection (b), by striking $10,000 and inserting $1,000,000.", "id": "HF31DB0CF3DC345589B919DE69A99FCC", "header": "Enforcement" }, { "text": "1284. Refund effective date \nSection 206(b) of the Federal Power Act ( 16 U.S.C. 824e(b) ) is amended as follows: (1) By striking the date 60 days after the filing of such complaint nor later than 5 months after the expiration of such 60-day period in the second sentence and inserting the date of the filing of such complaint nor later than 5 months after the filing of such complaint. (2) By striking 60 days after in the third sentence and inserting of. (3) By striking expiration of such 60-day period in the third sentence and inserting publication date. (4) By striking the fifth sentence and inserting the following: If no final decision is rendered by the conclusion of the 180-day period commencing upon initiation of a proceeding pursuant to this section, the Commission shall state the reasons why it has failed to do so and shall state its best estimate as to when it reasonably expects to make such decision..", "id": "HCA4BBCD8FA5A4BB8B780C3A66FE18BD", "header": "Refund effective date" }, { "text": "1285. Refund authority \nSection 206 of the Federal Power Act ( 16 U.S.C. 824e ) is amended by adding the following new subsection at the end thereof: (e) (1) Except as provided in paragraph (2), if an entity described in section 201(f) voluntarily makes a short-term sale of electric energy and the sale violates Commission rules in effect at the time of the sale, such entity shall be subject to the Commission’s refund authority under this section with respect to such violation. (2) This section shall not apply to— (A) any entity that sells less than 8,000,000 megawatt hours of electricity per year; or (B) any electric cooperative. (3) For purposes of this subsection, the term short-term sale means an agreement for the sale of electric energy at wholesale in interstate commerce that is for a period of 31 days or less (excluding monthly contracts subject to automatic renewal). (4) The Commission shall have refund authority under subsection (e)(1) with respect to a voluntary short-term sale of electric energy by the Bonneville Power Administration (in this section Bonneville ) only if the sale is at an unjust and unreasonable rate and, in that event, may order a refund only for short-term sales made by Bonneville at rates that are higher than the highest just and reasonable rate charged by any other entity for a short-term sale of electric energy in the same geographic market for the same, or most nearly comparable, period as the sale by Bonneville. (5) With respect to any Federal power marketing agency or the Tennessee Valley Authority, the Commission shall not assert or exercise any regulatory authority or powers under subsection (e)(1) other than the ordering of refunds to achieve a just and reasonable rate..", "id": "HA66F438129C847A8A157109D8B5BBAE0", "header": "Refund authority" }, { "text": "1286. Sanctity of contract \n(a) In general \nThe Federal Energy Regulatory Commission (in this section, the Commission ) shall have no authority to abrogate or modify any provision of an executed contract or executed contract amendment described in subsection (b) that has been entered into or taken effect, except upon a finding that failure to take such action would be contrary to the public interest. (b) Limitation \nExcept as provided in subsection (c), this section shall apply only to a contract or contract amendment— (1) executed on or after the date of enactment of this Act; and (2) entered into— (A) for the purchase or sale of electric energy under section 205 of the Federal Power Act ( 16 U.S.C. 824d ) where the seller has been authorized by the Commission to charge market-based rates; or (B) under section 4 of the Natural Gas Act ( 15 U.S.C. 717c ) where the natural gas company has been authorized by the Commission to charge market-based rates for the service described in the contract. (c) Exclusion \nThis section shall not apply to an executed contract or executed contract amendment that expressly provides for a standard of review other than the public interest standard. (d) Savings provision \nWith respect to contracts to which this section does not apply, nothing in this section alters existing law regarding the applicable standard of review for a contract subject to the jurisdiction of the Commission.", "id": "H98659900B1CB49CDB00022AF4757EE1F", "header": "Sanctity of contract" }, { "text": "1287. Consumer privacy and unfair trade practices \n(a) Privacy \nThe Federal Trade Commission may issue rules protecting the privacy of electric consumers from the disclosure of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers. (b) Slamming \nThe Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority. (c) Cramming \nThe Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer. (d) Rulemaking \nThe Federal Trade Commission shall proceed in accordance with section 553 of title 5, United States Code, when prescribing a rule under this section. (e) State authority \nIf the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section. (f) Definitions \nFor purposes of this section: (1) State regulatory authority \nThe term State regulatory authority has the meaning given that term in section 3(21) of the Federal Power Act ( 16 U.S.C. 796(21) ). (2) Electric consumer and electric utility \nThe terms electric consumer and electric utility have the meanings given those terms in section 3 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602 ).", "id": "HFDBE0AC14DA24D18A4CCBB96C7B953C4", "header": "Consumer privacy and unfair trade practices" }, { "text": "1291. Merger review reform and accountability \n(a) Merger review reform \nWithin 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Attorney General of the United States, shall prepare, and transmit to Congress each of the following: (1) A study of the extent to which the authorities vested in the Federal Energy Regulatory Commission under section 203 of the Federal Power Act are duplicative of authorities vested in— (A) other agencies of Federal and State Government; and (B) the Federal Energy Regulatory Commission, including under sections 205 and 206 of the Federal Power Act. (2) Recommendations on reforms to the Federal Power Act that would eliminate any unnecessary duplication in the exercise of regulatory authority or unnecessary delays in the approval (or disapproval) of applications for the sale, lease, or other disposition of public utility facilities. (b) Merger review accountability \nNot later than 1 year after the date of enactment of this Act and annually thereafter, with respect to all orders issued within the preceding year that impose a condition on a sale, lease, or other disposition of public utility facilities under section 203(b) of the Federal Power Act, the Federal Energy Regulatory Commission shall transmit a report to Congress explaining each of the following: (1) The condition imposed. (2) Whether the Commission could have imposed such condition by exercising its authority under any provision of the Federal Power Act other than under section 203(b). (3) If the Commission could not have imposed such condition other than under section 203(b), why the Commission determined that such condition was consistent with the public interest.", "id": "HDB9C91861CC04E199CAD00F6149FD423", "header": "Merger review reform and accountability" }, { "text": "1292. Electric utility mergers \n(a) Amendment \nSection 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended to read as follows: (a) (1) No public utility shall, without first having secured 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 Commission, 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 those of any other person, by any means whatsoever; or (C) purchase, acquire, or take any security with a value in excess of $10,000,000 of any other public utility. (2) No holding company in a holding company system that includes a public utility shall purchase, acquire, or take any security with a value in excess of $10,000,000 of, or, by any means whatsoever, directly or indirectly, merge or consolidate with, a public utility or a holding company in a holding company system that includes a public utility with a value in excess of $10,000,000 without first having secured an order of the Commission authorizing it to do so. (3) Upon receipt of an application for such approval the Commission 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, consolidation, acquisition, or change in control, if it finds that the proposed transaction will be consistent with the public interest. In evaluating whether a transaction will be consistent with the public interest, the Commission shall consider whether the proposed transaction— (A) will adequately protect consumer interests; (B) will be consistent with competitive wholesale markets; (C) will impair the financial integrity of any public utility that is a party to the transaction or an associate company of any party to the transaction; and (D) satisfies such other criteria as the Commission considers consistent with the public interest. (5) The Commission shall, by rule, adopt procedures for the expeditious consideration of applications for the approval 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). The Commission shall provide expedited review for such transactions. The Commission shall grant or deny any other application for approval of a transaction not later than 180 days after the application is filed. If the Commission does not act within 180 days, such application shall be deemed granted unless the Commission finds, based on good cause, that further consideration is required to determine whether the proposed transaction meets the standards of paragraph (4) and issues an order tolling the time for acting on the application for not more than 180 days, at the end of which additional period the Commission shall grant or deny the application. (6) For purposes of this subsection, the terms associate company , holding company , and holding company system have the meaning given those terms in the Public Utility Holding Company Act of 2004.. (b) Effective date \nThe amendments made by this section shall take effect 12 months after the date of enactment of this section.", "id": "H67BDC2661BD74E5483199B5094517707", "header": "Electric utility mergers" }, { "text": "1295. Definitions \n(a) Electric utility \nSection 3(22) of the Federal Power Act ( 16 U.S.C. 796(22) ) is amended to read as follows: (22) Electric utility \nThe term electric utility means any person or Federal or State agency (including any entity described in section 201(f)) that sells electric energy; such term includes the Tennessee Valley Authority and each Federal power marketing administration.. (b) Transmitting utility \nSection 3(23) of the Federal Power Act ( 16 U.S.C. 796(23) ) is amended to read as follows: (23) Transmitting utility \nThe term transmitting utility means an entity, including any entity described in section 201(f), that owns, operates, or controls facilities used for the transmission of electric energy— (A) in interstate commerce; or (B) for the sale of electric energy at wholesale.. (c) Additional definitions \nSection 3 of the Federal Power Act ( 16 U.S.C. 796 ) is amended by adding at the end the following: (26) Electric cooperative \nThe term electric cooperative means a cooperatively owned electric utility. (27) RTO \nThe term Regional Transmission Organization or RTO means an entity of sufficient regional scope approved by the Commission to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce and to ensure nondiscriminatory access to such facilities. (28) ISO \nThe term Independent System Operator or ISO means an entity approved by the Commission to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce and to ensure nondiscriminatory access to such facilities.. (d) Commission \nFor the purposes of this title, the term Commission means the Federal Energy Regulatory Commission. (e) Applicability \nSection 201(f) of the Federal Power Act ( 16 U.S.C. 824(f) ) is amended by adding after political subdivision of a state, the following: an electric cooperative that has financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ) or that sells less than 4,000,000 megawatt hours of electricity per year,.", "id": "H2C0B8B0F76EF4CA4BA3F398C467E23A5", "header": "Definitions" }, { "text": "1297. Conforming amendments \nThe Federal Power Act is amended as follows: (1) Section 201(b)(2) of such Act ( 16 U.S.C. 824(b)(2) ) is amended as follows: (A) In the first sentence by striking 210, 211, and 212 and inserting 203(a)(2), 206(e), 210, 211, 211A, 212, 215, 216, 217, 218, 219, 220, 221, and 222. (B) In the second sentence by striking 210 or 211 and inserting 203(a)(2), 206(e), 210, 211, 211A, 212, 215, 216, 217, 218, 219, 220, 221, and 222. (C) Section 201(b)(2) of such Act is amended by striking The in the first place it appears and inserting Notwithstanding section 201(f), the and in the second sentence after any order by inserting or rule. (2) Section 201(e) of such Act is amended by striking 210, 211, or 212 and inserting 206(e), 206(f), 210, 211, 211A, 212, 215, 216, 217, 218, 219, 220, 221, and 222. (3) Section 206 of such Act ( 16 U.S.C. 824e ) is amended as follows: (A) In subsection (b), in the seventh sentence, by striking the public utility to make. (B) In the first sentence of subsection (a), by striking hearing had and inserting hearing held. (4) Section 211(c) of such Act ( 16 U.S.C. 824j(c) ) is amended by— (A) striking (2) ; (B) striking (A) and inserting (1) (C) striking (B) and inserting (2) ; and (D) striking termination of modification and inserting termination or modification. (5) Section 211(d)(1) of such Act ( 16 U.S.C. 824j(d)(1) ) is amended by striking electric utility the second time it appears and inserting transmitting utility. (6) Section 315 (c) of such Act ( 16 U.S.C. 825n(c) ) is amended by striking subsection and inserting section.", "id": "H5B28190F862B42A6002F9B8210FE84F8", "header": "Conforming amendments" }, { "text": "1300. Short title; amendment of 1986 Code \n(a) Short title \nThis title may be cited as the Energy Tax Policy Act of 2004. (b) Amendment of 1986 Code \nExcept as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.", "id": "H8A4DA0EB5F9F465E9E03B2AAD5407F2F", "header": "Short title; amendment of 1986 Code" }, { "text": "1301. Credit for residential energy efficient property \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. Residential energy efficient property \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) 15 percent of the qualified solar water heating property expenditures made by the taxpayer during such year, (2) 15 percent of the qualified photovoltaic property expenditures made by the taxpayer during such year, (3) 15 percent of the qualified wind energy property expenditures made by the taxpayer during such year, and (4) 20 percent of the qualified fuel cell property expenditures made by the taxpayer during such year. (b) Limitations \n(1) Maximum credit \n(A) In general \nThe credit allowed under subsection (a) shall not exceed— (i) $2,000 for property described in paragraph (1), (2), or (3) of subsection (c), and (ii) $500 for each 0.5 kilowatt of capacity of property described in subsection (c)(4). (B) Prior expenditures by taxpayer on same residence taken into account \nIn determining the amount of the credit allowed to a taxpayer with respect to any dwelling unit under this section, the dollar amount under subparagraph (A)(i) with respect to each type of property described in such subparagraph shall be reduced by the credit allowed to the taxpayer under this section with respect to such property for all preceding taxable years with respect to such dwelling unit. (2) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, (C) such property is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, (D) in the case of solar water heating property, such property is certified for performance by the non-profit Solar Rating and Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed, (E) in the case of fuel cell property, such property meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and (F) in the case of any photovoltaic property, fuel cell property, or wind energy property, such property meets appropriate fire and electric code requirements. (c) Definitions \nFor purposes of this section— (1) Qualified solar water heating property expenditure \nThe term qualified solar water heating property expenditure means an expenditure for property which uses solar energy to heat water for use in a dwelling unit. (2) Qualified photovoltaic property expenditure \nThe term qualified photovoltaic property expenditure means an expenditure for property which uses solar energy to generate electricity for use in a dwelling unit and which is not described in paragraph (1). (3) Qualified wind energy property expenditure \nThe term qualified wind energy property expenditure means an expenditure for property which uses wind energy to generate electricity for use in a dwelling unit. (4) Qualified fuel cell property expenditure \nThe term qualified fuel cell property expenditure means an expenditure for any qualified fuel cell property (as defined in section 48(c)(1)). (d) Special rules \nFor purposes of this section— (1) Solar panels \nNo expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in paragraph (1) or (2) of subsection (c) solely because it constitutes a structural component of the structure on which it is installed. (2) Swimming pools, etc., used as storage medium \nExpenditures which are properly allocable to a swimming pool, hot tub, or any other energy storage medium which has a function other than the function of such storage shall not be taken into account for purposes of this section. (3) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (C) Subparagraphs (A) and (B) shall be applied separately with respect to expenditures described in paragraphs (1), (2), (3), and (4) of subsection (c). (4) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual’s tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (5) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual’s proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (6) Allocation in certain cases \nExcept in the case of qualified wind energy property expenditures, if less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (7) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (8) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (9) Denial of depreciation on wind energy property for which credit allowed \nNo deduction shall be allowed under section 167 for property which uses wind energy to generate electricity if the taxpayer is allowed a credit under this section with respect to such property. (e) Basis adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (f) Termination \nThe credit allowed under this section shall not apply to taxable years beginning after December 31, 2006 (December 31, 2008, with respect to qualified photovoltaic property expenditures).. (b) Conforming amendments \n(1) Section 1016(a) is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 25C(e), in the case of amounts with respect to which a credit has been allowed under section 25C.. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. Residential energy efficient property. (c) Effective date \nThe amendments made by this section shall apply to taxable years ending after December 31, 2003.", "id": "HB9048F63913D435D8FC5CC5C78231986", "header": "Credit for residential energy efficient property" }, { "text": "25C. Residential energy efficient property \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) 15 percent of the qualified solar water heating property expenditures made by the taxpayer during such year, (2) 15 percent of the qualified photovoltaic property expenditures made by the taxpayer during such year, (3) 15 percent of the qualified wind energy property expenditures made by the taxpayer during such year, and (4) 20 percent of the qualified fuel cell property expenditures made by the taxpayer during such year. (b) Limitations \n(1) Maximum credit \n(A) In general \nThe credit allowed under subsection (a) shall not exceed— (i) $2,000 for property described in paragraph (1), (2), or (3) of subsection (c), and (ii) $500 for each 0.5 kilowatt of capacity of property described in subsection (c)(4). (B) Prior expenditures by taxpayer on same residence taken into account \nIn determining the amount of the credit allowed to a taxpayer with respect to any dwelling unit under this section, the dollar amount under subparagraph (A)(i) with respect to each type of property described in such subparagraph shall be reduced by the credit allowed to the taxpayer under this section with respect to such property for all preceding taxable years with respect to such dwelling unit. (2) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, (C) such property is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, (D) in the case of solar water heating property, such property is certified for performance by the non-profit Solar Rating and Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed, (E) in the case of fuel cell property, such property meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and (F) in the case of any photovoltaic property, fuel cell property, or wind energy property, such property meets appropriate fire and electric code requirements. (c) Definitions \nFor purposes of this section— (1) Qualified solar water heating property expenditure \nThe term qualified solar water heating property expenditure means an expenditure for property which uses solar energy to heat water for use in a dwelling unit. (2) Qualified photovoltaic property expenditure \nThe term qualified photovoltaic property expenditure means an expenditure for property which uses solar energy to generate electricity for use in a dwelling unit and which is not described in paragraph (1). (3) Qualified wind energy property expenditure \nThe term qualified wind energy property expenditure means an expenditure for property which uses wind energy to generate electricity for use in a dwelling unit. (4) Qualified fuel cell property expenditure \nThe term qualified fuel cell property expenditure means an expenditure for any qualified fuel cell property (as defined in section 48(c)(1)). (d) Special rules \nFor purposes of this section— (1) Solar panels \nNo expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in paragraph (1) or (2) of subsection (c) solely because it constitutes a structural component of the structure on which it is installed. (2) Swimming pools, etc., used as storage medium \nExpenditures which are properly allocable to a swimming pool, hot tub, or any other energy storage medium which has a function other than the function of such storage shall not be taken into account for purposes of this section. (3) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (C) Subparagraphs (A) and (B) shall be applied separately with respect to expenditures described in paragraphs (1), (2), (3), and (4) of subsection (c). (4) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual’s tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (5) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual’s proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (6) Allocation in certain cases \nExcept in the case of qualified wind energy property expenditures, if less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (7) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (8) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (9) Denial of depreciation on wind energy property for which credit allowed \nNo deduction shall be allowed under section 167 for property which uses wind energy to generate electricity if the taxpayer is allowed a credit under this section with respect to such property. (e) Basis adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (f) Termination \nThe credit allowed under this section shall not apply to taxable years beginning after December 31, 2006 (December 31, 2008, with respect to qualified photovoltaic property expenditures).", "id": "H1FCECFB343534D6D004560712EE58575", "header": "Residential energy efficient property" }, { "text": "1302. Extension and expansion of credit for electricity produced from certain renewable resources \n(a) Expansion of qualified energy resources \nSubsection (c) of section 45 (relating to electricity produced from certain renewable resources) is amended to read as follows: (c) Qualified energy resources \nFor purposes of this section— (1) In general \nThe term qualified energy resources means— (A) wind, (B) closed-loop biomass, (C) open-loop biomass, (D) geothermal energy, (E) solar energy, (F) small irrigation power, and (G) municipal solid waste. (2) Closed-loop biomass \nThe term closed-loop biomass means any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity. (3) Open-loop biomass \n(A) In general \nThe term open-loop biomass means— (i) any agricultural livestock waste nutrients, or (ii) any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from— (I) any of the following forest-related resources: mill and harvesting residues, precommercial thinnings, slash, and brush, (II) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of solid waste, or paper which is commonly recycled, or (III) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues. Such term shall not include closed-loop biomass. (B) Agricultural livestock waste nutrients \n(i) In general \nThe term agricultural livestock waste nutrients means agricultural livestock manure and litter, including wood shavings, straw, rice hulls, and other bedding material for the disposition of manure. (ii) Agricultural livestock \nThe term agricultural livestock includes bovine, swine, poultry, and sheep. (4) Geothermal energy \nThe term geothermal energy means energy derived from a geothermal deposit (within the meaning of section 613(e)(2)). (5) Small irrigation power \nThe term small irrigation power means power— (A) generated without any dam or impoundment of water through an irrigation system canal or ditch, and (B) the nameplate capacity rating of which is not less than 150 kilowatts but is less than 5 megawatts. (6) Municipal solid waste \nThe term municipal solid waste has the meaning given the term solid waste under section 2(27) of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ).. (b) Extension and expansion of qualified facilities \n(1) In general \nSection 45 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: (d) Qualified facilities \nFor purposes of this section— (1) Wind facility \nIn the case of a facility using wind to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after December 31, 1993, and before January 1, 2007. (2) Closed-loop biomass facility \n(A) In general \nIn the case of a facility using closed-loop biomass to produce electricity, the term qualified facility means any facility— (i) owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2007, or (ii) owned by the taxpayer which before January 1, 2007, is originally placed in service and modified to use closed-loop biomass to co-fire with coal, with other biomass, or with both, but only if the modification is approved under the Biomass Power for Rural Development Programs or is part of a pilot project of the Commodity Credit Corporation as described in 65 Fed. Reg. 63052. (B) Special rules \nIn the case of a qualified facility described in subparagraph (A)(ii)— (i) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of the Energy Tax Policy Act of 2004 , (ii) the amount of the credit determined under subsection (a) with respect to the facility shall be an amount equal to the amount determined without regard to this clause multiplied by the ratio of the thermal content of the closed-loop biomass used in such facility to the thermal content of all fuels used in such facility, and (iii) if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility. (3) Open-loop biomass facilities \n(A) In general \nIn the case of a facility using open-loop biomass to produce electricity, the term qualified facility means any facility owned by the taxpayer which— (i) in the case of a facility using agricultural livestock waste nutrients— (I) is originally placed in service after the date of the enactment of the Energy Tax Policy Act of 2004 and before January 1, 2007, and (II) the nameplate capacity rating of which is not less than 150 kilowatts, and (ii) in the case of any other facility, is originally placed in service before January 1, 2007. (B) Credit eligibility \nIn the case of any facility described in subparagraph (A), if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility. (4) Geothermal or solar energy facility \nIn the case of a facility using geothermal or solar energy to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of the Energy Tax Policy Act of 2004 and before January 1, 2007. Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. (5) Small irrigation power facility \nIn the case of a facility using small irrigation power to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of the Energy Tax Policy Act of 2004 and before January 1, 2007. (6) Landfill gas facilities \nIn the case of a facility producing electricity from gas derived from the biodegradation of municipal solid waste, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of the Energy Tax Policy Act of 2004 and before January 1, 2007. (7) Trash combustion facilities \nIn the case of a facility which burns municipal solid waste to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of the Energy Tax Policy Act of 2004 and before January 1, 2007.. (2) Conforming amendment \nSection 45(e), as so redesignated, is amended by striking subsection (c)(3)(A) in paragraph (7)(A)(i) and inserting subsection (d)(1). (c) Special credit rate and period for electricity produced and sold after enactment date \nSection 45(b) is amended by adding at the end the following new paragraph: (4) Credit rate and period for electricity produced and sold from certain facilities \n(A) Credit rate \nIn the case of electricity produced and sold in any calendar year after 2003 at any qualified facility described in paragraph (3), (5), (6), or (7) of subsection (d), the amount in effect under subsection (a)(1) for such calendar year (determined before the application of the last sentence of paragraph (2) of this subsection) shall be reduced by one-third. (B) Credit period \n(i) In general \nExcept as provided in clause (ii), in the case of any facility described in paragraph (3), (4), (5), (6), or (7) of subsection (d), the 5-year period beginning on the date the facility was originally placed in service shall be substituted for the 10-year period in subsection (a)(2)(A)(ii). (ii) Certain open-loop biomass facilities \nIn the case of any facility described in subsection (d)(3)(A)(ii) placed in service before the date of the enactment of this paragraph, the 5-year period beginning on January 1, 2004, shall be substituted for the 10-year period in subsection (a)(2)(A)(ii).. (d) Coordination with other credits \nSection 45(e), as so redesignated, is amended by adding at the end the following new paragraph: (8) Coordination with other credits \nThe term qualified facility shall not include— (A) any property with respect to which a credit is allowed under section 25C, and (B) any facility the production from which is allowed as a credit under section 45K, for the taxable year or any prior taxable year.. (e) Coordination with Section 48 \nSection 48(a)(3) (defining energy property) is amended by adding at the end the following new sentence: Such term shall not include any property which is part of a facility the production from which is allowed as a credit under section 45 for the taxable year or any prior taxable year.. (f) Elimination of certain credit reductions \nSection 45(b)(3) (relating to credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits) is amended— (1) by inserting the lesser of 1/2 or before a fraction in the matter preceding subparagraph (A), and (2) by adding at the end the following new sentence: This paragraph shall not apply with respect to any facility described in subsection (d)(2)(A)(ii).. (g) Effective dates \n(1) In general \nExcept as otherwise provided in this subsection, the amendments made by this section shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. (2) Certain biomass facilities \nWith respect to any facility described in section 45(d)(3)(A)(ii) of the Internal Revenue Code of 1986, as added by subsection (b)(1), which is placed in service before the date of the enactment of this Act, the amendments made by this section shall apply to electricity produced and sold after December 31, 2003, in taxable years ending after such date. (3) Credit rate and period for new facilities \nThe amendments made by subsection (c) shall apply to electricity produced and sold after December 31, 2003, in taxable years ending after such date. (4) Nonapplication of amendments to preeffective date poultry waste facilities \nThe amendments made by this section shall not apply with respect to any poultry waste facility (within the meaning of section 45(c)(3)(C), as in effect on the day before the date of the enactment of this Act) placed in service before January 1, 2004. (h) GAO study \nThe Comptroller General of the United States shall conduct a study on the market viability of producing electricity from resources with respect to which credit is allowed under section 45 of the Internal Revenue Code of 1986 but without such credit. In the case of open-loop biomass and municipal solid waste resources, the study should take into account savings associated with not having to dispose of such resources. In conducting such study, the Comptroller shall estimate the dollar value of the environmental impact of producing electricity from such resources relative to producing electricity from fossil fuels using the latest generation of technology. Not later than June 30, 2006, the Comptroller shall report on such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.", "id": "H85EDEA13B9E8407A8C31CF4382556270", "header": "Extension and expansion of credit for electricity produced from certain renewable resources" }, { "text": "1303. Credit for business installation of qualified fuel cells \n(a) In general \nSection 48(a)(3)(A) (defining energy property) is amended by striking or at the end of clause (i), by adding or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) qualified fuel cell property,. (b) Qualified fuel cell property \nSection 48 (relating to energy credit; reforestation credit) is amended by adding at the end the following new subsection: (c) Qualified fuel cell property \nFor purposes of subsection (a)(3)(A)(iii)— (1) In general \nThe term qualified fuel cell property means a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process. (2) Limitation \nThe energy credit with respect to any qualified fuel cell property shall not exceed an amount equal to $500 for each 0.5 kilowatt of capacity of such property. (3) Fuel cell power plant \nThe term fuel cell power plant means an integrated system, comprised of a fuel cell stack assembly and associated balance of plant components, which converts a fuel into electricity using electrochemical means. (4) Termination \nThe term qualified fuel cell property shall not include any property placed in service after December 31, 2006.. (c) Energy percentage \nSubparagraph (A) of section 48(a)(2) (relating to energy percentage) is amended to read as follows: (A) In general \nThe energy percentage is— (i) in the case of qualified fuel cell property, 20 percent, and (ii) in the case of any other energy property, 10 percent.. (d) Conforming amendment \nSection 48(a)(1) is amended by inserting except as provided in subsection (c)(2), before the energy. (e) Effective date \nThe amendments made by this section shall apply to periods after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "HEF68A2822E6D4E88A057F072021BB025", "header": "Credit for business installation of qualified fuel cells" }, { "text": "1304. Credit for energy efficiency improvements to existing homes \n(a) In general \nSubpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits), as amended by this Act, is amended by inserting after section 25C the following new section: 25D. Energy efficiency improvements to existing homes \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed by this section with respect to a dwelling unit shall not exceed $2,000. (2) Prior credit amounts for taxpayer on same dwelling taken into account \nIf a credit was allowed to the taxpayer under subsection (a) with respect to a dwelling unit in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling unit shall be reduced by the sum of the credits allowed under subsection (a) to the taxpayer with respect to the dwelling unit for all prior taxable years. (c) Qualified energy efficiency improvements \nFor purposes of this section, the term qualified energy efficiency improvements means any energy efficient building envelope component which meets the prescriptive criteria for such component established by the 2000 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of this section (or, in the case of a metal roof with appropriate pigmented coatings which meet the Energy Star program requirements), if— (1) such component is installed in or on a dwelling unit— (A) located in the United States, (B) owned and used by the taxpayer as the taxpayer’s principal residence (within the meaning of section 121), and (C) which has not been treated as a qualified new energy efficient home for purposes of any credit allowed under section 45G, (2) the original use of such component commences with the taxpayer, and (3) such component reasonably can be expected to remain in use for at least 5 years. If the aggregate cost of such components with respect to any dwelling unit exceeds $1,000, such components shall be treated as qualified energy efficiency improvements only if such components are also certified in accordance with subsection (d) as meeting such prescriptive criteria. (d) Certification \nThe certification described in subsection (c) shall be— (1) determined on the basis of the technical specifications or applicable ratings (including product labeling requirements) for the measurement of energy efficiency (based upon energy use or building envelope component performance) for the energy efficient building envelope component, (2) provided by a local building regulatory authority, a utility, a manufactured home production inspection primary inspection agency (IPIA), or an accredited home energy rating system provider who is accredited by or otherwise authorized to use approved energy performance measurement methods by the Residential Energy Services Network (RESNET), and (3) made in writing in a manner which specifies in readily verifiable fashion the energy efficient building envelope components installed and their respective energy efficiency levels. (e) Definitions and special rules \nFor purposes of this section— (1) Building envelope component \nThe term building envelope component means— (A) any insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, (B) exterior windows (including skylights), (C) exterior doors, and (D) any metal roof installed on a dwelling unit, but only if such roof has appropriate pigmented coatings which are specifically and primarily designed to reduce the heat gain of such dwelling unit. (2) Manufactured homes included \nThe term dwelling unit includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards ( section 3280 of title 24, Code of Federal Regulations). (3) Application of rules \nRules similar to the rules under paragraphs (3), (4), and (5) of section 25C(d) shall apply. (f) Basis adjustment \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (g) Application of Section \nThis section shall apply to qualified energy efficiency improvements installed after December 31, 2003, and before January 1, 2007.. (b) Conforming amendments \n(1) Subsection (a) of section 1016 , as amended by this Act, is amended by striking and at the end of paragraph (28), by striking the period at the end of paragraph (29) and inserting , and , and by adding at the end the following new paragraph: (30) to the extent provided in section 25D(f), in the case of amounts with respect to which a credit has been allowed under section 25D.. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 25C the following new item: Sec. 25D. Energy efficiency improvements to existing homes. (c) Effective date \nThe amendments made by this section shall apply to taxable years ending after December 31, 2003.", "id": "HD21D7C5F2DA14516A7CF495E65731C20", "header": "Credit for energy efficiency improvements to existing homes" }, { "text": "25D. Energy efficiency improvements to existing homes \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed by this section with respect to a dwelling unit shall not exceed $2,000. (2) Prior credit amounts for taxpayer on same dwelling taken into account \nIf a credit was allowed to the taxpayer under subsection (a) with respect to a dwelling unit in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling unit shall be reduced by the sum of the credits allowed under subsection (a) to the taxpayer with respect to the dwelling unit for all prior taxable years. (c) Qualified energy efficiency improvements \nFor purposes of this section, the term qualified energy efficiency improvements means any energy efficient building envelope component which meets the prescriptive criteria for such component established by the 2000 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of this section (or, in the case of a metal roof with appropriate pigmented coatings which meet the Energy Star program requirements), if— (1) such component is installed in or on a dwelling unit— (A) located in the United States, (B) owned and used by the taxpayer as the taxpayer’s principal residence (within the meaning of section 121), and (C) which has not been treated as a qualified new energy efficient home for purposes of any credit allowed under section 45G, (2) the original use of such component commences with the taxpayer, and (3) such component reasonably can be expected to remain in use for at least 5 years. If the aggregate cost of such components with respect to any dwelling unit exceeds $1,000, such components shall be treated as qualified energy efficiency improvements only if such components are also certified in accordance with subsection (d) as meeting such prescriptive criteria. (d) Certification \nThe certification described in subsection (c) shall be— (1) determined on the basis of the technical specifications or applicable ratings (including product labeling requirements) for the measurement of energy efficiency (based upon energy use or building envelope component performance) for the energy efficient building envelope component, (2) provided by a local building regulatory authority, a utility, a manufactured home production inspection primary inspection agency (IPIA), or an accredited home energy rating system provider who is accredited by or otherwise authorized to use approved energy performance measurement methods by the Residential Energy Services Network (RESNET), and (3) made in writing in a manner which specifies in readily verifiable fashion the energy efficient building envelope components installed and their respective energy efficiency levels. (e) Definitions and special rules \nFor purposes of this section— (1) Building envelope component \nThe term building envelope component means— (A) any insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, (B) exterior windows (including skylights), (C) exterior doors, and (D) any metal roof installed on a dwelling unit, but only if such roof has appropriate pigmented coatings which are specifically and primarily designed to reduce the heat gain of such dwelling unit. (2) Manufactured homes included \nThe term dwelling unit includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards ( section 3280 of title 24, Code of Federal Regulations). (3) Application of rules \nRules similar to the rules under paragraphs (3), (4), and (5) of section 25C(d) shall apply. (f) Basis adjustment \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (g) Application of Section \nThis section shall apply to qualified energy efficiency improvements installed after December 31, 2003, and before January 1, 2007.", "id": "HF7B123B9668042738FE79561717F7D08", "header": "Energy efficiency improvements to existing homes" }, { "text": "1305. Credit for construction of new energy efficient homes \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section: 45G. New energy efficient home credit \n(a) In general \nFor purposes of section 38, in the case of an eligible contractor with respect to a qualified new energy efficient home, the credit determined under this section for the taxable year with respect to such home is an amount equal to the aggregate adjusted bases of all energy efficient property installed in such home during construction of such home. (b) Limitations \n(1) Maximum credit \n(A) In general \nThe credit allowed by this section with respect to a dwelling unit shall not exceed— (i) in the case of a dwelling unit described in clause (i) or (iii) of subsection (c)(3)(D), $1,000, and (ii) in the case of a dwelling unit described in subsection (c)(3)(D)(ii), $2,000. (B) Prior credit amounts on same dwelling unit taken into account \nIf a credit was allowed under subsection (a) with respect to a dwelling unit in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to such dwelling unit shall be reduced by the sum of the credits allowed under subsection (a) with respect to the dwelling unit for all prior taxable years. (2) Coordination with certain credits \nFor purposes of this section— (A) the basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and (B) expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (c) Definitions \nFor purposes of this section— (1) Eligible contractor \nThe term eligible contractor means— (A) the person who constructed the qualified new energy efficient home, or (B) in the case of a qualified new energy efficient home which is a manufactured home, the manufactured home producer of such home. If more than 1 person is described in subparagraph (A) or (B) with respect to any qualified new energy efficient home, such term means the person designated as such by the owner of such home. (2) Energy efficient property \nThe term energy efficient property means any energy efficient building envelope component, and any energy efficient heating or cooling equipment or system, which can, individually or in combination with other components, result in a dwelling unit meeting the requirements of this section. (3) Qualified new energy efficient home \nThe term qualified new energy efficient home means a dwelling unit— (A) located in the United States, (B) the construction of which is substantially completed after December 31, 2003, (C) the original use of which, after such construction, is reasonably expected to be as a residence by the person who acquires such dwelling unit from the eligible contractor, (D) which is— (i) certified to have a level of annual heating and cooling energy consumption which is at least 30 percent below the annual level of heating and cooling energy consumption of a comparable dwelling unit constructed in accordance with the standards of chapter 4 of the 2000 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of this section, and to have building envelope component improvements account for at least 1/3 of such 30 percent, (ii) certified to have a level of annual heating and cooling energy consumption which is at least 50 percent below such annual level and to have building envelope component improvements account for at least 1/5 of such 50 percent, or (iii) a manufactured home which— (I) conforms to Federal Manufactured Home Construction and Safety Standards ( section 3280 of title 24, Code of Federal Regulations), and (II) meets the applicable standards required by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program. (4) Construction \nThe term construction includes substantial reconstruction and rehabilitation. (5) Acquire \nThe term acquire includes purchase and, in the case of reconstruction and rehabilitation, such term includes a binding written contract for such reconstruction or rehabilitation. (6) Building envelope component \nThe term building envelope component means— (A) any insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, (B) exterior windows (including skylights), (C) exterior doors, and (D) any metal roof installed on a dwelling unit, but only if such roof has appropriate pigmented coatings which— (i) are specifically and primarily designed to reduce the heat gain of such dwelling unit, and (ii) meet the Energy Star program requirements. (d) Certification \n(1) Method of certification \nA certification described in subsection (c)(3)(D) shall be determined in accordance with guidance prescribed by the Secretary. Such guidance shall specify procedures and methods for calculating energy and cost savings. (2) Form \nA certification described in subsection (c)(3)(D) shall be made in writing— (A) in a manner which specifies in readily verifiable fashion the energy efficient building envelope components and energy efficient heating or cooling equipment installed and their respective rated energy efficiency performance, and (B) in the case of a qualified new energy efficient home which is a manufactured home, accompanied by such documentation as required by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program. (e) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (f) Application of Section \nSubsection (a) shall apply to qualified new energy efficient homes acquired during the period beginning on January 1, 2004, and ending on December 31, 2006.. (b) Credit made part of general business credit \nSection 38(b) (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the new energy efficient home credit determined under section 45G(a).. (c) Basis adjustment \nSubsection (a) of section 1016 , as amended by this Act, is amended by striking and at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting , and , and by adding at the end the following new paragraph: (31) to the extent provided in section 45G(e), in the case of amounts with respect to which a credit has been allowed under section 45G.. (d) Limitation on carryback \n(1) In general \nSubsection (d) of section 39 is amended to read as follows: (d) Transitional rule \nNo portion of the unused business credit for any taxable year which is attributable to a credit specified in section 38(b) or any portion thereof may be carried back to any taxable year before the first taxable year for which such specified credit or such portion is allowable (without regard to subsection (a)).. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to taxable years ending after December 31, 2002. (e) Deduction for certain unused business credits \nSection 196(c) (defining qualified business credits) is amended by striking and at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting , and , and by adding after paragraph (11) the following new paragraph: (12) the new energy efficient home credit determined under section 45G(a).. (f) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45G. New energy efficient home credit. (g) Effective date \nThe amendments made by this section shall apply to taxable years ending after December 31, 2003.", "id": "H70A285F8979645CCA5E878CD453FB1F", "header": "Credit for construction of new energy efficient homes" }, { "text": "45G. New energy efficient home credit \n(a) In general \nFor purposes of section 38, in the case of an eligible contractor with respect to a qualified new energy efficient home, the credit determined under this section for the taxable year with respect to such home is an amount equal to the aggregate adjusted bases of all energy efficient property installed in such home during construction of such home. (b) Limitations \n(1) Maximum credit \n(A) In general \nThe credit allowed by this section with respect to a dwelling unit shall not exceed— (i) in the case of a dwelling unit described in clause (i) or (iii) of subsection (c)(3)(D), $1,000, and (ii) in the case of a dwelling unit described in subsection (c)(3)(D)(ii), $2,000. (B) Prior credit amounts on same dwelling unit taken into account \nIf a credit was allowed under subsection (a) with respect to a dwelling unit in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to such dwelling unit shall be reduced by the sum of the credits allowed under subsection (a) with respect to the dwelling unit for all prior taxable years. (2) Coordination with certain credits \nFor purposes of this section— (A) the basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and (B) expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (c) Definitions \nFor purposes of this section— (1) Eligible contractor \nThe term eligible contractor means— (A) the person who constructed the qualified new energy efficient home, or (B) in the case of a qualified new energy efficient home which is a manufactured home, the manufactured home producer of such home. If more than 1 person is described in subparagraph (A) or (B) with respect to any qualified new energy efficient home, such term means the person designated as such by the owner of such home. (2) Energy efficient property \nThe term energy efficient property means any energy efficient building envelope component, and any energy efficient heating or cooling equipment or system, which can, individually or in combination with other components, result in a dwelling unit meeting the requirements of this section. (3) Qualified new energy efficient home \nThe term qualified new energy efficient home means a dwelling unit— (A) located in the United States, (B) the construction of which is substantially completed after December 31, 2003, (C) the original use of which, after such construction, is reasonably expected to be as a residence by the person who acquires such dwelling unit from the eligible contractor, (D) which is— (i) certified to have a level of annual heating and cooling energy consumption which is at least 30 percent below the annual level of heating and cooling energy consumption of a comparable dwelling unit constructed in accordance with the standards of chapter 4 of the 2000 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of this section, and to have building envelope component improvements account for at least 1/3 of such 30 percent, (ii) certified to have a level of annual heating and cooling energy consumption which is at least 50 percent below such annual level and to have building envelope component improvements account for at least 1/5 of such 50 percent, or (iii) a manufactured home which— (I) conforms to Federal Manufactured Home Construction and Safety Standards ( section 3280 of title 24, Code of Federal Regulations), and (II) meets the applicable standards required by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program. (4) Construction \nThe term construction includes substantial reconstruction and rehabilitation. (5) Acquire \nThe term acquire includes purchase and, in the case of reconstruction and rehabilitation, such term includes a binding written contract for such reconstruction or rehabilitation. (6) Building envelope component \nThe term building envelope component means— (A) any insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, (B) exterior windows (including skylights), (C) exterior doors, and (D) any metal roof installed on a dwelling unit, but only if such roof has appropriate pigmented coatings which— (i) are specifically and primarily designed to reduce the heat gain of such dwelling unit, and (ii) meet the Energy Star program requirements. (d) Certification \n(1) Method of certification \nA certification described in subsection (c)(3)(D) shall be determined in accordance with guidance prescribed by the Secretary. Such guidance shall specify procedures and methods for calculating energy and cost savings. (2) Form \nA certification described in subsection (c)(3)(D) shall be made in writing— (A) in a manner which specifies in readily verifiable fashion the energy efficient building envelope components and energy efficient heating or cooling equipment installed and their respective rated energy efficiency performance, and (B) in the case of a qualified new energy efficient home which is a manufactured home, accompanied by such documentation as required by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program. (e) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (f) Application of Section \nSubsection (a) shall apply to qualified new energy efficient homes acquired during the period beginning on January 1, 2004, and ending on December 31, 2006.", "id": "HDD437099486C42838070945E9B207626", "header": "New energy efficient home credit" }, { "text": "1306. Energy credit for combined heat and power system property \n(a) In general \nSection 48(a)(3)(A) (defining energy property), as amended by this Act, is amended by striking or at the end of clause (ii), by adding or at the end of clause (iii), and by inserting after clause (iii) the following new clause: (iv) combined heat and power system property,. (b) Combined heat and power system property \nSection 48 (relating to energy credit; reforestation credit), as amended by this Act, is amended by adding at the end the following new subsection: (d) Combined heat and power system property \nFor purposes of subsection (a)(3)(A)(iv)— (1) Combined heat and power system property \nThe term combined heat and power system property means property comprising a system— (A) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications), (B) which has an electrical capacity of not more than 15 megawatts or a mechanical energy capacity of not more than 2,000 horsepower or an equivalent combination of electrical and mechanical energy capacities, (C) which produces— (i) at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), and (ii) at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof), (D) the energy efficiency percentage of which exceeds 60 percent, and (E) which is placed in service before January 1, 2007. (2) Special rules \n(A) Energy efficiency percentage \nFor purposes of this subsection, the energy efficiency percentage of a system is the fraction— (i) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, and (ii) the denominator of which is the lower heating value of the fuel sources for the system. (B) Determinations made on Btu basis \nThe energy efficiency percentage and the percentages under paragraph (1)(C) shall be determined on a Btu basis. (C) Input and output property not included \nThe term combined heat and power system property does not include property used to transport the energy source to the facility or to distribute energy produced by the facility. (D) Public utility property \n(i) Accounting rule for public utility property \nIf the combined heat and power system property is public utility property (as defined in section 168(i)(10)), the taxpayer may only claim the credit under subsection (a) if, with respect to such property, the taxpayer uses a normalization method of accounting. (ii) Certain exception not to apply \nThe matter in subsection (a)(3) which follows subparagraph (D) thereof shall not apply to combined heat and power system property. (3) Systems using bagasse \nIf a system is designed to use bagasse for at least 90 percent of the energy source— (A) paragraph (1)(D) shall not apply, but (B) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this paragraph) as the energy efficiency percentage of such system bears to 60 percent.. (c) Effective date \nThe amendments made by this subsection shall apply to periods after December 31, 2003, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "H9CE711FB111C4DED00F266237B8DCF14", "header": "Energy credit for combined heat and power system property" }, { "text": "1307. Credit for energy efficient appliances \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business-related credits), as amended by this Act, is amended by adding at the end the following new section: 45H. Energy efficient appliance credit \n(a) Allowance of credit \nFor purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the sum of— (1) the tier I appliance amount, and (2) the tier II appliance amount, with respect to qualified energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. (b) Appliance amounts \nFor purposes of subsection (a)— (1) Tier i appliance amount \nThe tier I appliance amount is equal to— (A) $100, multiplied by (B) an amount (rounded to the nearest whole number) equal to the applicable percentage of the eligible production. (2) Tier ii appliance amount \nThe tier II appliance amount is equal to $150, multiplied by an amount equal to the eligible production reduced by the amount determined under paragraph (1)(B). (3) Applicable percentage \nThe applicable percentage is the percentage determined by dividing the tier I appliances produced by the taxpayer during the calendar year by the sum of the tier I and tier II appliances so produced. (4) Eligible production \nThe eligible production of qualified energy efficient appliances by the taxpayer for any calendar year is the excess of— (A) the number of such appliances which are produced by the taxpayer during such calendar year, over (B) 110 percent of the average annual number of such appliances which were produced by the taxpayer (or any predecessor) during the preceding 3-calendar year period. (c) Qualified energy efficient appliance \nFor purposes of this section— (1) In general \nThe term qualified energy efficient appliance means any tier I appliance or tier II appliance which is produced in the United States. (2) Tier i appliance \nThe term tier I appliance means— (A) a clothes washer which is produced with at least a 1.50 MEF, and (B) a refrigerator which consumes at least 15 percent (20 percent in the case of a refrigerator produced after 2006) less kilowatt hours per year than the energy conservation standards for refrigerators promulgated by the Department of Energy and effective on July 1, 2001. (3) Tier II appliance \nThe term tier II appliance means a refrigerator produced before 2007 which consumes at least 20 percent less kilowatt hours per year than the energy conservation standards described in paragraph (2)(B). (4) Clothes washer \nThe term clothes washer means a residential clothes washer, including a residential style coin operated washer. (5) Refrigerator \nThe term refrigerator means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. (6) MEF \nThe term MEF means Modified Energy Factor (as determined by the Secretary of Energy). (7) Produced \nThe term produced includes manufactured. (d) Limitation on maximum credit \n(1) In general \nThe amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $60,000,000, reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for any prior taxable year. (2) Limitation based on gross receipts \nThe credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year for which the credit is determined. (3) Gross receipts \nFor purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. (e) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. (2) Controlled groups \n(A) In general \nAll persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. (B) Inclusion of foreign corporations \nFor purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (f) Verification \nThe taxpayer shall submit such information or certification as the Secretary, after consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a). (g) Termination \nThis section shall not apply with respect to appliances produced after December 31, 2007.. (b) Credit made part of general business credit \nSection 38(b) (relating to current year business credit), as amended by this Act, is amended by striking plus at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting , plus , and by adding at the end the following new paragraph: (17) the energy efficient appliance credit determined under section 45H(a).. (c) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is amended by adding at the end the following new item: Sec. 45H. Energy efficient appliance credit. (d) Effective date \nThe amendments made by this section shall apply to appliances produced after December 31, 2003, in taxable years ending after such date.", "id": "H9ED3762EEE1D415EA2FB0046A3121534", "header": "Credit for energy efficient appliances" }, { "text": "45H. Energy efficient appliance credit \n(a) Allowance of credit \nFor purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the sum of— (1) the tier I appliance amount, and (2) the tier II appliance amount, with respect to qualified energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. (b) Appliance amounts \nFor purposes of subsection (a)— (1) Tier i appliance amount \nThe tier I appliance amount is equal to— (A) $100, multiplied by (B) an amount (rounded to the nearest whole number) equal to the applicable percentage of the eligible production. (2) Tier ii appliance amount \nThe tier II appliance amount is equal to $150, multiplied by an amount equal to the eligible production reduced by the amount determined under paragraph (1)(B). (3) Applicable percentage \nThe applicable percentage is the percentage determined by dividing the tier I appliances produced by the taxpayer during the calendar year by the sum of the tier I and tier II appliances so produced. (4) Eligible production \nThe eligible production of qualified energy efficient appliances by the taxpayer for any calendar year is the excess of— (A) the number of such appliances which are produced by the taxpayer during such calendar year, over (B) 110 percent of the average annual number of such appliances which were produced by the taxpayer (or any predecessor) during the preceding 3-calendar year period. (c) Qualified energy efficient appliance \nFor purposes of this section— (1) In general \nThe term qualified energy efficient appliance means any tier I appliance or tier II appliance which is produced in the United States. (2) Tier i appliance \nThe term tier I appliance means— (A) a clothes washer which is produced with at least a 1.50 MEF, and (B) a refrigerator which consumes at least 15 percent (20 percent in the case of a refrigerator produced after 2006) less kilowatt hours per year than the energy conservation standards for refrigerators promulgated by the Department of Energy and effective on July 1, 2001. (3) Tier II appliance \nThe term tier II appliance means a refrigerator produced before 2007 which consumes at least 20 percent less kilowatt hours per year than the energy conservation standards described in paragraph (2)(B). (4) Clothes washer \nThe term clothes washer means a residential clothes washer, including a residential style coin operated washer. (5) Refrigerator \nThe term refrigerator means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. (6) MEF \nThe term MEF means Modified Energy Factor (as determined by the Secretary of Energy). (7) Produced \nThe term produced includes manufactured. (d) Limitation on maximum credit \n(1) In general \nThe amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $60,000,000, reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for any prior taxable year. (2) Limitation based on gross receipts \nThe credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year for which the credit is determined. (3) Gross receipts \nFor purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. (e) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. (2) Controlled groups \n(A) In general \nAll persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. (B) Inclusion of foreign corporations \nFor purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (f) Verification \nThe taxpayer shall submit such information or certification as the Secretary, after consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a). (g) Termination \nThis section shall not apply with respect to appliances produced after December 31, 2007.", "id": "HC03682A26D34493589B8C18D62DBDEE3", "header": "Energy efficient appliance credit" }, { "text": "1308. Energy efficient commercial buildings deduction \n(a) In general \nPart VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: 179B. Energy efficient commercial buildings deduction \n(a) In general \nThere shall be allowed as a deduction an amount equal to the cost of energy efficient commercial building property placed in service during the taxable year. (b) Maximum amount of deduction \nThe deduction under subsection (a) with respect to any building for the taxable year and all prior taxable years shall not exceed an amount equal to the product of— (1) $1.50, and (2) the square footage of the building. (c) Definitions \nFor purposes of this section— (1) Energy efficient commercial building property \nThe term energy efficient commercial building property means property— (A) which is installed on or in a building— (i) which is located in the United States, and (ii) which is the type of structure to which the Standard 90.1–2001 is applicable, (B) which is installed as part of— (i) the lighting systems, (ii) the heating, cooling, ventilation, and hot water systems, or (iii) the building envelope, and (C) which is certified in accordance with subsection (d)(4) as being installed as part of a plan designed to reduce the total annual energy and power costs with respect to the lighting systems, heating, cooling, ventilation, and hot water systems of the building by 50 percent or more in comparison to a reference building which meets the minimum requirements of Standard 90.1–2001 using methods of calculation under subsection (d)(2). (2) Standard 90.1–2001 \nThe term Standard 90.1–2001 means Standard 90.1–2001 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on April 2, 2003). (d) Special rules \n(1) Partial allowance \n(A) In general \nExcept as provided in subsection (f), in the case of a building placed in service on or before the date of the enactment of this section, if— (i) the requirement of subsection (c)(1)(C) is not met, but (ii) there is a certification in accordance with subsection (d)(4) that any system referred to in subsection (c)(1)(B) satisfies the energy-savings targets established by the Secretary under subparagraph (B) with respect to such system, then the requirement of subsection (c)(1)(C) shall be treated as met with respect to such system, and the deduction under subsection (a) shall be allowed with respect to energy efficient commercial building property installed as part of such system and as part of a plan to meet such targets, except that subsection (b) shall be applied to such property by substituting $.50 for $1.50. (B) Regulations \nThe Secretary, after consultation with the Secretary of Energy, shall establish a target for each system described in subsection (c)(1)(B) which, if such targets were met for all such systems, the building would meet the requirements of subsection (c)(1)(C). (2) Methods of calculation \nThe Secretary, after consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power cost for purposes of this section. (3) Notice to owner \nEach certification required under this section shall include an explanation to the building owner regarding the energy efficiency features of the building and its projected annual energy costs. (4) Certification \n(A) In general \nThe Secretary shall prescribe the manner and method for the making of certifications under this section. (B) Procedures \nThe Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of buildings with energy-savings plans and targets. Such procedures shall be— (i) comparable, given the difference between commercial and residential buildings, to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems, and (ii) fuel neutral such that the same energy efficiency measures allow a building to be eligible for the deduction under this section regardless of whether such building uses a gas or oil furnace or boiler, an electric heat pump, or other fuel source. (C) Qualified individuals \nIndividuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. (e) Basis reduction \nFor purposes of this subtitle, if a deduction is allowed under this section with respect to any energy efficient commercial building property, the basis of such property shall be reduced by the amount of the deduction so allowed. (f) Interim rules for lighting systems \nUntil such time as the Secretary issues final regulations under subsection (d)(1)(B) with respect to property which is part of a lighting system— (1) In general \nThe lighting system target under subsection (d)(1)(A)(ii) shall be a reduction in lighting power density of 25 percent (50 percent in the case of a warehouse) of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2 (not including additional interior lighting power allowances) of Standard 90.1–2001. (2) Reduction in deduction if reduction less than 40 percent \n(A) In general \nIf, with respect to the lighting system of any building other than a warehouse, the reduction in lighting power density of the lighting system is not at least 40 percent, only the applicable percentage of the amount of deduction otherwise allowable under this section with respect to such property shall be allowed. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is the number of percentage points (not greater than 100) equal to the sum of— (i) 50, and (ii) the amount which bears the same ratio to 50 as the excess of the reduction of lighting power density of the lighting system over 25 percentage points bears to 15. (C) Exceptions \nThis subsection shall not apply to any system— (i) the controls and circuiting of which do not comply fully with the mandatory and prescriptive requirements of Standard 90.1–2001 and which do not include provision for bilevel switching in all occupancies except hotel and motel guest rooms, store rooms, restrooms, and public lobbies, or (ii) which does not meet the minimum requirements for calculated lighting levels as set forth in the Illuminating Engineering Society of North America Lighting Handbook, Performance and Application, Ninth Edition, 2000. (g) Regulations \nThe Secretary shall promulgate such regulations as necessary— (1) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this section, and (2) to provide for a recapture of the deduction allowed under this section if the plan described in subsection (c)(1)(C) or (d)(1)(A) is not fully implemented. (h) Termination \nThis section shall not apply with respect to property placed in service after December 31, 2007.. (b) Conforming amendments \n(1) Section 1016(a), as amended by this section, is amended by striking and at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting , and , and by adding at the end the following new paragraph: (32) to the extent provided in section 179B(e).. (2) Section 1245(a) is amended by inserting 179B, after 179A, both places it appears in paragraphs (2)(C) and (3)(C). (3) Section 1250(b)(3) is amended by inserting before the period at the end of the first sentence or by section 179B. (4) Section 263(a)(1) is amended by striking or at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting , or , and by inserting after subparagraph (H) the following new subparagraph: (I) expenditures for which a deduction is allowed under section 179B.. (5) Section 312(k)(3)(B) is amended by striking or 179A each place it appears in the heading and text and inserting , 179A, or 179B. (c) Clerical amendment \nThe table of sections for part VI of subchapter B of chapter 1 is amended by inserting after section 179A the following new item: Sec. 179B. Energy efficient commercial buildings deduction. (d) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date.", "id": "HDF465B42ABA7489FA6E3959DB175F543", "header": "Energy efficient commercial buildings deduction" }, { "text": "179B. Energy efficient commercial buildings deduction \n(a) In general \nThere shall be allowed as a deduction an amount equal to the cost of energy efficient commercial building property placed in service during the taxable year. (b) Maximum amount of deduction \nThe deduction under subsection (a) with respect to any building for the taxable year and all prior taxable years shall not exceed an amount equal to the product of— (1) $1.50, and (2) the square footage of the building. (c) Definitions \nFor purposes of this section— (1) Energy efficient commercial building property \nThe term energy efficient commercial building property means property— (A) which is installed on or in a building— (i) which is located in the United States, and (ii) which is the type of structure to which the Standard 90.1–2001 is applicable, (B) which is installed as part of— (i) the lighting systems, (ii) the heating, cooling, ventilation, and hot water systems, or (iii) the building envelope, and (C) which is certified in accordance with subsection (d)(4) as being installed as part of a plan designed to reduce the total annual energy and power costs with respect to the lighting systems, heating, cooling, ventilation, and hot water systems of the building by 50 percent or more in comparison to a reference building which meets the minimum requirements of Standard 90.1–2001 using methods of calculation under subsection (d)(2). (2) Standard 90.1–2001 \nThe term Standard 90.1–2001 means Standard 90.1–2001 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on April 2, 2003). (d) Special rules \n(1) Partial allowance \n(A) In general \nExcept as provided in subsection (f), in the case of a building placed in service on or before the date of the enactment of this section, if— (i) the requirement of subsection (c)(1)(C) is not met, but (ii) there is a certification in accordance with subsection (d)(4) that any system referred to in subsection (c)(1)(B) satisfies the energy-savings targets established by the Secretary under subparagraph (B) with respect to such system, then the requirement of subsection (c)(1)(C) shall be treated as met with respect to such system, and the deduction under subsection (a) shall be allowed with respect to energy efficient commercial building property installed as part of such system and as part of a plan to meet such targets, except that subsection (b) shall be applied to such property by substituting $.50 for $1.50. (B) Regulations \nThe Secretary, after consultation with the Secretary of Energy, shall establish a target for each system described in subsection (c)(1)(B) which, if such targets were met for all such systems, the building would meet the requirements of subsection (c)(1)(C). (2) Methods of calculation \nThe Secretary, after consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power cost for purposes of this section. (3) Notice to owner \nEach certification required under this section shall include an explanation to the building owner regarding the energy efficiency features of the building and its projected annual energy costs. (4) Certification \n(A) In general \nThe Secretary shall prescribe the manner and method for the making of certifications under this section. (B) Procedures \nThe Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of buildings with energy-savings plans and targets. Such procedures shall be— (i) comparable, given the difference between commercial and residential buildings, to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems, and (ii) fuel neutral such that the same energy efficiency measures allow a building to be eligible for the deduction under this section regardless of whether such building uses a gas or oil furnace or boiler, an electric heat pump, or other fuel source. (C) Qualified individuals \nIndividuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. (e) Basis reduction \nFor purposes of this subtitle, if a deduction is allowed under this section with respect to any energy efficient commercial building property, the basis of such property shall be reduced by the amount of the deduction so allowed. (f) Interim rules for lighting systems \nUntil such time as the Secretary issues final regulations under subsection (d)(1)(B) with respect to property which is part of a lighting system— (1) In general \nThe lighting system target under subsection (d)(1)(A)(ii) shall be a reduction in lighting power density of 25 percent (50 percent in the case of a warehouse) of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2 (not including additional interior lighting power allowances) of Standard 90.1–2001. (2) Reduction in deduction if reduction less than 40 percent \n(A) In general \nIf, with respect to the lighting system of any building other than a warehouse, the reduction in lighting power density of the lighting system is not at least 40 percent, only the applicable percentage of the amount of deduction otherwise allowable under this section with respect to such property shall be allowed. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is the number of percentage points (not greater than 100) equal to the sum of— (i) 50, and (ii) the amount which bears the same ratio to 50 as the excess of the reduction of lighting power density of the lighting system over 25 percentage points bears to 15. (C) Exceptions \nThis subsection shall not apply to any system— (i) the controls and circuiting of which do not comply fully with the mandatory and prescriptive requirements of Standard 90.1–2001 and which do not include provision for bilevel switching in all occupancies except hotel and motel guest rooms, store rooms, restrooms, and public lobbies, or (ii) which does not meet the minimum requirements for calculated lighting levels as set forth in the Illuminating Engineering Society of North America Lighting Handbook, Performance and Application, Ninth Edition, 2000. (g) Regulations \nThe Secretary shall promulgate such regulations as necessary— (1) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this section, and (2) to provide for a recapture of the deduction allowed under this section if the plan described in subsection (c)(1)(C) or (d)(1)(A) is not fully implemented. (h) Termination \nThis section shall not apply with respect to property placed in service after December 31, 2007.", "id": "H2A05DA78354C4E64BBC364AB44E651BD", "header": "Energy efficient commercial buildings deduction" }, { "text": "1309. Three-year applicable recovery period for depreciation of qualified energy management devices \n(a) In general \nSection 168(e)(3)(A) (defining 3-year property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any qualified energy management device.. (b) Definition of qualified energy management device \nSection 168(i) (relating to definitions and special rules) is amended by inserting at the end the following new paragraph: (15) Qualified energy management device \n(A) In general \nThe term qualified energy management device means any energy management device which is placed in service before January 1, 2008, by a taxpayer who is a supplier of electric energy or a provider of electric energy services. (B) Energy management device \nFor purposes of subparagraph (A), the term energy management device means any meter or metering device which is used by the taxpayer— (i) to measure and record electricity usage data on a time-differentiated basis in at least 4 separate time segments per day, and (ii) to provide such data on at least a monthly basis to both consumers and the taxpayer.. (c) Alternative system \nThe table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (A)(iii) the following: (A) (iv) 20. (d) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "id": "HD1313CA7AA7540BB8CED72A51DEE1300", "header": "Three-year applicable recovery period for depreciation of qualified energy management devices" }, { "text": "1310. Credit for production from advanced nuclear power facilities \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business related credits), as amended by this Act, is amended by adding after section 45K the following new section: 45L. Credit for production from advanced nuclear power facilities \n(a) General rule \nFor purposes of section 38, the advanced nuclear power facility production credit of any taxpayer for any taxable year is equal to the product of— (1) 1.8 cents, multiplied by (2) the kilowatt hours of electricity— (A) produced by the taxpayer at an advanced nuclear power facility during the 8-year period beginning on the date the facility was originally placed in service, and (B) sold by the taxpayer to an unrelated person during the taxable year. (b) National limitation \n(1) In general \nThe amount of credit which would (but for this subsection and subsection (c)) be allowed with respect to any facility for any taxable year shall not exceed the amount which bears the same ratio to such amount of credit as— (A) the national megawatt capacity limitation allocated to the facility, bears to (B) the total megawatt nameplate capacity of such facility. (2) Amount of national limitation \nThe national megawatt capacity limitation shall be 6,000 megawatts. (3) Allocation of limitation \nThe Secretary shall allocate the national megawatt capacity limitation in such manner as the Secretary may prescribe. (4) Regulations \nNot later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitation. (c) Other limitations \n(1) Annual limitation \nThe amount of the credit allowable under subsection (a) (after the application of subsection (b)) for any taxable year with respect to any facility shall not exceed an amount which bears the same ratio to $125,000,000 as— (A) the national megawatt capacity limitation allocated under subsection (b) to the facility, bears to (B) 1,000. (2) Other limitations \nRules similar to the rules of section 45(b) shall apply for purposes of this section, except that paragraph (2) thereof shall not apply to the 1.8 cents under subsection (a)(1). (d) Advanced nuclear power facility \nFor purposes of this section— (1) In general \nThe term advanced nuclear power facility means any advanced nuclear facility— (A) which is owned by the taxpayer and which uses nuclear energy to produce electricity, and (B) which is placed in service after the date of the enactment of this paragraph and before January 1, 2021. (2) Advanced nuclear facility \nFor purposes of paragraph (1), the term advanced nuclear facility means any nuclear facility the reactor design for which is approved after the date of the enactment of this paragraph by the Nuclear Regulatory Commission (and such design or a substantially similar design of comparable capacity was not approved on or before such date). (e) Other rules to apply \nRules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 45(e) shall apply for purposes of this section.. (b) Credit treated as business credit \nSection 38(b), as amended by this Act, is amended by striking plus at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting , plus , and by adding at the end the following: (22) the advanced nuclear power facility production credit determined under section 45L(a).. (c) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is amended by adding at the end the following: Sec. 45L. Credit for production from advanced nuclear power facilities. (d) Effective date \nThe amendments made by this section shall apply to production in taxable years beginning after December 31, 2003.", "id": "H5BD67449FE294D919E6B801034004952", "header": "Credit for production from advanced nuclear power facilities" }, { "text": "45L. Credit for production from advanced nuclear power facilities \n(a) General rule \nFor purposes of section 38, the advanced nuclear power facility production credit of any taxpayer for any taxable year is equal to the product of— (1) 1.8 cents, multiplied by (2) the kilowatt hours of electricity— (A) produced by the taxpayer at an advanced nuclear power facility during the 8-year period beginning on the date the facility was originally placed in service, and (B) sold by the taxpayer to an unrelated person during the taxable year. (b) National limitation \n(1) In general \nThe amount of credit which would (but for this subsection and subsection (c)) be allowed with respect to any facility for any taxable year shall not exceed the amount which bears the same ratio to such amount of credit as— (A) the national megawatt capacity limitation allocated to the facility, bears to (B) the total megawatt nameplate capacity of such facility. (2) Amount of national limitation \nThe national megawatt capacity limitation shall be 6,000 megawatts. (3) Allocation of limitation \nThe Secretary shall allocate the national megawatt capacity limitation in such manner as the Secretary may prescribe. (4) Regulations \nNot later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitation. (c) Other limitations \n(1) Annual limitation \nThe amount of the credit allowable under subsection (a) (after the application of subsection (b)) for any taxable year with respect to any facility shall not exceed an amount which bears the same ratio to $125,000,000 as— (A) the national megawatt capacity limitation allocated under subsection (b) to the facility, bears to (B) 1,000. (2) Other limitations \nRules similar to the rules of section 45(b) shall apply for purposes of this section, except that paragraph (2) thereof shall not apply to the 1.8 cents under subsection (a)(1). (d) Advanced nuclear power facility \nFor purposes of this section— (1) In general \nThe term advanced nuclear power facility means any advanced nuclear facility— (A) which is owned by the taxpayer and which uses nuclear energy to produce electricity, and (B) which is placed in service after the date of the enactment of this paragraph and before January 1, 2021. (2) Advanced nuclear facility \nFor purposes of paragraph (1), the term advanced nuclear facility means any nuclear facility the reactor design for which is approved after the date of the enactment of this paragraph by the Nuclear Regulatory Commission (and such design or a substantially similar design of comparable capacity was not approved on or before such date). (e) Other rules to apply \nRules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 45(e) shall apply for purposes of this section.", "id": "H3C6377AEE6CF4620B510390953D23C00", "header": "Credit for production from advanced nuclear power facilities" }, { "text": "1311. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general Fund \n(a) Taxes on trains \n(1) In general \nSubparagraph (A) of section 4041(a)(1) is amended by striking or a diesel-powered train each place it appears and by striking or train. (2) Conforming amendments \n(A) Subparagraph (C) of section 4041(a)(1) is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (B) Subparagraph (C) of section 4041(b)(1) is amended by striking all that follows section 6421(e)(2) and inserting a period. (C) Subsection (d) of section 4041 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Diesel fuel used in trains \nThere is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)— (A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or (B) used by any person as a fuel in a diesel-powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.. (D) Subsection (f) of section 4082 is amended by striking section 4041(a)(1) and inserting subsections (d)(3) and (a)(1) of section 4041, respectively. (E) Paragraph (3) of section 4083(a) is amended by striking or a diesel-powered train. (F) Paragraph (3) of section 6421(f) is amended to read as follows: (3) Gasoline used in trains \nIn the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.. (G) Paragraph (3) of section 6427(l) is amended to read as follows: (3) Refund of certain taxes on fuel used in diesel-powered trains \nFor purposes of this subsection, the term nontaxable use includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.. (b) Fuel used on inland waterways \n(1) In general \nParagraph (1) of section 4042(b) is amended by adding and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Conforming amendment \nParagraph (2) of section 4042(b) is amended by striking subparagraph (C). (c) Effective date \nThe amendments made by this section shall take effect on January 1, 2004.", "id": "H35DF7FA3E268441B9455B8FAAF40000", "header": "Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general Fund" }, { "text": "1312. Reduced motor fuel excise tax on certain mixtures of diesel fuel \n(a) In general \nParagraph (2) of section 4081(a) is amended by adding at the end the following: (C) Diesel-water fuel emulsion \nIn the case of diesel-water fuel emulsion at least 14 percent of which is water and with respect to which the emulsion additive is registered by a United States manufacturer with the Environmental Protection Agency pursuant to section 211 of the Clean Air Act (as in effect on March 31, 2003), subparagraph (A)(iii) shall be applied by substituting 19.7 cents for 24.3 cents.. (b) Special rules for diesel-water fuel emulsions \n(1) Refunds for tax-paid purchases \nSection 6427 is amended by redesignating subsections (m) through (p) as subsections (n) through (q), respectively, and by inserting after subsection (l) the following new subsection: (m) Diesel fuel used to produce emulsion \n(1) In general \nExcept as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at the regular tax rate is used by any person in producing an emulsion described in section 4081(a)(2)(C) which is sold or used in such person’s trade or business, the Secretary shall pay (without interest) to such person an amount equal to the excess of the regular tax rate over the incentive tax rate with respect to such fuel. (2) Definitions \nFor purposes of paragraph (1)— (A) Regular tax rate \nThe term regular tax rate means the aggregate rate of tax imposed by section 4081 determined without regard to section 4081(a)(2)(C). (B) Incentive tax rate \nThe term incentive tax rate means the aggregate rate of tax imposed by section 4081 determined with regard to section 4081(a)(2)(C).. (2) Later separation of fuel \n(A) In general \nSection 4081 (relating to imposition of tax) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: (d) Later separation of fuel from diesel-water fuel emulsion \nIf any person separates the taxable fuel from a diesel-water fuel emulsion on which tax was imposed under subsection (a) at a rate determined under subsection (a)(2)(C) (or with respect to which a credit or payment was allowed or made by reason of section 6427), such person shall be treated as the refiner of such taxable fuel. The amount of tax imposed on any removal of such fuel by such person shall be reduced by the amount of tax imposed (and not credited or refunded) on any prior removal or entry of such fuel.. (B) Conforming amendment \nSubsection (d) of section 6416 is amended by striking section 4081(e) and inserting section 4081(f). (c) Effective date \nThe amendments made by this section shall take effect on January 1, 2004.", "id": "HF86412A5028946B4B58405649B4CD4A5", "header": "Reduced motor fuel excise tax on certain mixtures of diesel fuel" }, { "text": "1313. Small ethanol producer credit \n(a) Allocation of alcohol fuels credit to patrons of a cooperative \nSection 40(g) (relating to definitions and special rules for eligible small ethanol producer credit) is amended by adding at the end the following new paragraph: (6) Allocation of small ethanol producer credit to patrons of cooperative \n(A) Election to allocate \n(i) In general \nIn the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. (ii) Form and effect of election \nAn election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. (B) Treatment of organizations and patrons \nThe amount of the credit apportioned to patrons under subparagraph (A)— (i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and (ii) shall be included in the amount determined under subsection (a) for the taxable year of each patron for which the patronage dividends for the taxable year described in subparagraph (A) are included in gross income. (C) Special rule \nIf the amount of a credit which has been apportioned to any patron under this paragraph is decreased for any reason— (i) such amount shall not increase the tax imposed on such patron, and (ii) the tax imposed by this chapter on such organization shall be increased by such amount. The increase under clause (ii) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.. (b) Definition of small ethanol producer \nSection 40(g) (relating to definitions and special rules for eligible small ethanol producer credit) is amended by striking 30,000,000 each place it appears and inserting 60,000,000. (c) Conforming amendment \nSection 1388 (relating to definitions and special rules for cooperative organizations) is amended by adding at the end the following new subsection: (k) Cross reference \nFor provisions relating to the apportionment of the alcohol fuels credit between cooperative organizations and their patrons, see section 40(g)(6).. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H6B2E5646B3C640799EC7FE44AA1FEF1B", "header": "Small ethanol producer credit" }, { "text": "1314. Incentives for biodiesel \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by inserting after section 40 the following new section: 40A. Biodiesel used as fuel \n(a) General rule \nFor purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the sum of— (1) the biodiesel mixture credit, plus (2) the biodiesel credit. (b) Definition of biodiesel mixture credit and biodiesel credit \nFor purposes of this section— (1) Biodiesel mixture credit \n(A) In general \nThe biodiesel mixture credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel used by the taxpayer in the production of a qualified biodiesel mixture. (B) Qualified biodiesel mixture \nThe term qualified biodiesel mixture means a mixture of biodiesel and a taxable fuel (within the meaning of section 4083(a)(1)) which— (i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (ii) is used as a fuel by the taxpayer producing such mixture. (C) Sale or use must be in trade or business, etc \nBiodiesel used in the production of a qualified biodiesel mixture shall be taken into account— (i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and (ii) for the taxable year in which such sale or use occurs. (D) Casual off-farm production not eligible \nNo credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. (2) Biodiesel credit \n(A) In general \nThe biodiesel credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel which is not in a mixture and which during the taxable year— (i) is used by the taxpayer as a fuel in a trade or business, or (ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person’s vehicle. (B) User credit not to apply to biodiesel sold at retail \nNo credit shall be allowed under subparagraph (A)(i) with respect to any biodiesel which was sold in a retail sale described in subparagraph (A)(ii). (3) Credit for agri-biodiesel \nIn the case of any biodiesel which is agri-biodiesel, paragraphs (1)(A) and (2)(A) shall be applied by substituting $1.00 for 50 cents. (4) Certification for biodiesel \nNo credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product. (c) Coordination with credit against excise tax \nThe amount of the credit determined under this section with respect to any biodiesel shall be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426. (d) Definitions and special rules \nFor purposes of this section— (1) Biodiesel \nThe term biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter which meet— (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 ), and (B) the requirements of the American Society of Testing and Materials D6751. (2) Agri-biodiesel \nThe term agri-biodiesel means biodiesel derived solely from virgin oils, including esters derived from virgin vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds, and from animal fats. (3) Mixture or biodiesel not used as a fuel, etc \n(A) Mixtures \nIf— (i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and (ii) any person— (I) separates the biodiesel from the mixture, or (II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such biodiesel in such mixture. (B) Biodiesel \nIf— (i) any credit was determined under this section with respect to the retail sale of any biodiesel, and (ii) any person mixes such biodiesel or uses such biodiesel other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such biodiesel. (C) Applicable laws \nAll provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter. (4) Pass-thru in the case of estates and trusts \nUnder regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Termination \nThis section shall not apply to any sale or use after December 31, 2005.. (b) Credit treated as part of general business credit \nSection 38(b) (relating to current year business credit) is amended by striking plus at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , plus , and by adding at the end the following new paragraph: (18) the biodiesel fuels credit determined under section 40A(a).. (c) Conforming amendments \n(1) (A) Section 87 is amended to read as follows: 87. Alcohol and biodiesel fuels credits \nGross income includes— (1) the amount of the alcohol fuels credit determined with respect to the taxpayer for the taxable year under section 40(a), and (2) the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40A(a).. (B) The item relating to section 87 in the table of sections for part II of subchapter B of chapter 1 is amended by striking fuel credit and inserting and biodiesel fuels credits. (2) Section 196(c), as amended by this Act, is amended by striking and at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting , and , and by adding at the end the following new paragraph: (13) the biodiesel fuels credit determined under section 40A(a).. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding after the item relating to section 40 the following new item: Sec. 40A. Biodiesel used as fuel. (d) Effective date \nThe amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2003, in taxable years ending after such date.", "id": "H7A5920D987464A41AB31C00400A90019", "header": "Incentives for biodiesel" }, { "text": "40A. Biodiesel used as fuel \n(a) General rule \nFor purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the sum of— (1) the biodiesel mixture credit, plus (2) the biodiesel credit. (b) Definition of biodiesel mixture credit and biodiesel credit \nFor purposes of this section— (1) Biodiesel mixture credit \n(A) In general \nThe biodiesel mixture credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel used by the taxpayer in the production of a qualified biodiesel mixture. (B) Qualified biodiesel mixture \nThe term qualified biodiesel mixture means a mixture of biodiesel and a taxable fuel (within the meaning of section 4083(a)(1)) which— (i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (ii) is used as a fuel by the taxpayer producing such mixture. (C) Sale or use must be in trade or business, etc \nBiodiesel used in the production of a qualified biodiesel mixture shall be taken into account— (i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and (ii) for the taxable year in which such sale or use occurs. (D) Casual off-farm production not eligible \nNo credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. (2) Biodiesel credit \n(A) In general \nThe biodiesel credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel which is not in a mixture and which during the taxable year— (i) is used by the taxpayer as a fuel in a trade or business, or (ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person’s vehicle. (B) User credit not to apply to biodiesel sold at retail \nNo credit shall be allowed under subparagraph (A)(i) with respect to any biodiesel which was sold in a retail sale described in subparagraph (A)(ii). (3) Credit for agri-biodiesel \nIn the case of any biodiesel which is agri-biodiesel, paragraphs (1)(A) and (2)(A) shall be applied by substituting $1.00 for 50 cents. (4) Certification for biodiesel \nNo credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product. (c) Coordination with credit against excise tax \nThe amount of the credit determined under this section with respect to any biodiesel shall be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426. (d) Definitions and special rules \nFor purposes of this section— (1) Biodiesel \nThe term biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter which meet— (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 ), and (B) the requirements of the American Society of Testing and Materials D6751. (2) Agri-biodiesel \nThe term agri-biodiesel means biodiesel derived solely from virgin oils, including esters derived from virgin vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds, and from animal fats. (3) Mixture or biodiesel not used as a fuel, etc \n(A) Mixtures \nIf— (i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and (ii) any person— (I) separates the biodiesel from the mixture, or (II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such biodiesel in such mixture. (B) Biodiesel \nIf— (i) any credit was determined under this section with respect to the retail sale of any biodiesel, and (ii) any person mixes such biodiesel or uses such biodiesel other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such biodiesel. (C) Applicable laws \nAll provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter. (4) Pass-thru in the case of estates and trusts \nUnder regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Termination \nThis section shall not apply to any sale or use after December 31, 2005.", "id": "HA09BC5536D494675BBD7965B03B03907", "header": "Biodiesel used as fuel" }, { "text": "87. Alcohol and biodiesel fuels credits \nGross income includes— (1) the amount of the alcohol fuels credit determined with respect to the taxpayer for the taxable year under section 40(a), and (2) the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40A(a).", "id": "HBBF188DF6B934095AA27E635474725B0", "header": "Alcohol and biodiesel fuels credits" }, { "text": "1315. Alcohol fuel and biodiesel mixtures excise tax credit \n(a) In general \nSubchapter B of chapter 65 (relating to rules of special application) is amended by inserting after section 6425 the following new section: 6426. Credit for alcohol fuel and biodiesel mixtures \n(a) Allowance of credits \nThere shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the sum of— (1) the alcohol fuel mixture credit, plus (2) the biodiesel mixture credit. (b) Alcohol fuel mixture credit \n(1) In general \nFor purposes of this section, the alcohol fuel mixture credit is the product of the applicable amount and the number of gallons of alcohol used by the taxpayer in producing any alcohol fuel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the applicable amount is 52 cents (51 cents in the case of any sale or use after 2004). (B) Mixtures not containing ethanol \nIn the case of an alcohol fuel mixture in which none of the alcohol consists of ethanol, the applicable amount is 60 cents. (3) Alcohol fuel mixture \nFor purposes of this subsection, the term alcohol fuel mixture means a mixture of alcohol and a taxable fuel which— (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, (B) is used as a fuel by the taxpayer producing such mixture, or (C) is removed from the refinery by a person producing such mixture. (4) Other definitions \nFor purposes of this subsection— (A) Alcohol \nThe term alcohol includes methanol and ethanol but does not include— (i) alcohol produced from petroleum, natural gas, or coal (including peat), or (ii) alcohol with a proof of less than 190 (determined without regard to any added denaturants). Such term also includes an alcohol gallon equivalent of ethyl tertiary butyl ether or other ethers produced from such alcohol. (B) Taxable fuel \nThe term taxable fuel has the meaning given such term by section 4083(a)(1). (5) Termination \nThis subsection shall not apply to any sale, use, or removal for any period after December 31, 2010. (c) Biodiesel mixture credit \n(1) In general \nFor purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any biodiesel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the applicable amount is 50 cents. (B) Amount for agri-biodiesel \nIn the case of any biodiesel which is agri-biodiesel, the applicable amount is $1.00. (3) Biodiesel mixture \nFor purposes of this section, the term biodiesel mixture means a mixture of biodiesel and a taxable fuel which— (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, (B) is used as a fuel by the taxpayer producing such mixture, or (C) is removed from the refinery by a person producing such mixture. (4) Certification for biodiesel \nNo credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product. (5) Other definitions \nAny term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. (6) Termination \nThis subsection shall not apply to any sale, use, or removal for any period after December 31, 2005. (d) Mixture not used as a fuel, etc \n(1) Imposition of tax \nIf— (A) any credit was determined under this section with respect to alcohol or biodiesel used in the production of any alcohol fuel mixture or biodiesel mixture, respectively, and (B) any person— (i) separates the alcohol or biodiesel from the mixture, or (ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol or biodiesel. (2) Applicable laws \nAll provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. (e) Coordination with exemption from excise tax \nRules similar to the rules under section 40(c) shall apply for purposes of this section.. (b) Registration requirement \nSection 4101(a) (relating to registration) is amended by inserting and every person producing biodiesel (as defined in section 40A(d)(1)) or alcohol (as defined in section 6426(b)(4)(A)) after 4091. (c) Additional amendments \n(1) Section 40(c) is amended by striking or section 4091(c) and inserting section 4091(c), or section 6426. (2) Section 40(e)(1) is amended— (A) by striking 2007 in subparagraph (A) and inserting 2010 , and (B) by striking 2008 in subparagraph (B) and inserting 2011. (3) Section 40(h) is amended— (A) by striking 2007 in paragraph (1) and inserting 2010 , and (B) by striking , 2006, or 2007 in the table contained in paragraph (2) and inserting through 2010. (4) (A) Subpart C of part III of subchapter A of chapter 32 is amended by adding at the end the following new section: 4104. Information reporting for persons claiming certain tax benefits \n(a) In general \nThe Secretary shall require any person claiming tax benefits under the provisions of section 34, 40, 40A, 4041(b)(2), 4041(k), 4081(c), 6426, or 6427(f) to file a quarterly return (in such manner as the Secretary may prescribe) providing such information relating to such benefits and the coordination of such benefits as the Secretary may require to ensure the proper administration and use of such benefits. (b) Enforcement \nWith respect to any person described in subsection (a) and subject to registration requirements under this title, rules similar to rules of section 4222(c) shall apply with respect to any requirement under this section.. (B) The table of sections for subpart C of part III of subchapter A of chapter 32 is amended by adding at the end the following new item: Sec. 4104. Information reporting for persons claiming certain tax benefits. (5) Section 6427(i)(3) is amended— (A) by adding at the end of subparagraph (A) the following new flush sentence: In the case of an electronic claim, this subparagraph shall be applied without regard to clause (i). , and (B) by striking 20 days of the date of the filing of such claim in subparagraph (B) and inserting 45 days of the date of the filing of such claim (20 days in the case of an electronic claim). (6) Section 9503(b)(1) is amended by adding at the end the following new flush sentence: For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426.. (d) Clerical amendment \nThe table of sections for subchapter B of chapter 65 is amended by inserting after the item relating to section 6425 the following new item: Sec. 6426. Credit for alcohol fuel and biodiesel mixtures. (e) Effective dates \n(1) In general \nExcept as provided in paragraphs (2) and (3), the amendments made by this section shall apply to fuel sold, used, or removed after December 31, 2003. (2) Subsection (c)(4) \nThe amendments made by subsection (c)(4) shall take effect on January 1, 2004. (3) Subsection (c)(5) \nThe amendments made by subsection (c)(5) shall apply to claims filed after December 31, 2004. (f) Format for filing \nThe Secretary of the Treasury shall prescribe the electronic format for filing claims described in section 6427(i)(3)(B) of the Internal Revenue Code of 1986 (as amended by subsection (c)(5)(A)) not later than December 31, 2004.", "id": "H756C12783E024F95B52BFC8EBD2B7D81", "header": "Alcohol fuel and biodiesel mixtures excise tax credit" }, { "text": "6426. Credit for alcohol fuel and biodiesel mixtures \n(a) Allowance of credits \nThere shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the sum of— (1) the alcohol fuel mixture credit, plus (2) the biodiesel mixture credit. (b) Alcohol fuel mixture credit \n(1) In general \nFor purposes of this section, the alcohol fuel mixture credit is the product of the applicable amount and the number of gallons of alcohol used by the taxpayer in producing any alcohol fuel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the applicable amount is 52 cents (51 cents in the case of any sale or use after 2004). (B) Mixtures not containing ethanol \nIn the case of an alcohol fuel mixture in which none of the alcohol consists of ethanol, the applicable amount is 60 cents. (3) Alcohol fuel mixture \nFor purposes of this subsection, the term alcohol fuel mixture means a mixture of alcohol and a taxable fuel which— (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, (B) is used as a fuel by the taxpayer producing such mixture, or (C) is removed from the refinery by a person producing such mixture. (4) Other definitions \nFor purposes of this subsection— (A) Alcohol \nThe term alcohol includes methanol and ethanol but does not include— (i) alcohol produced from petroleum, natural gas, or coal (including peat), or (ii) alcohol with a proof of less than 190 (determined without regard to any added denaturants). Such term also includes an alcohol gallon equivalent of ethyl tertiary butyl ether or other ethers produced from such alcohol. (B) Taxable fuel \nThe term taxable fuel has the meaning given such term by section 4083(a)(1). (5) Termination \nThis subsection shall not apply to any sale, use, or removal for any period after December 31, 2010. (c) Biodiesel mixture credit \n(1) In general \nFor purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any biodiesel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the applicable amount is 50 cents. (B) Amount for agri-biodiesel \nIn the case of any biodiesel which is agri-biodiesel, the applicable amount is $1.00. (3) Biodiesel mixture \nFor purposes of this section, the term biodiesel mixture means a mixture of biodiesel and a taxable fuel which— (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, (B) is used as a fuel by the taxpayer producing such mixture, or (C) is removed from the refinery by a person producing such mixture. (4) Certification for biodiesel \nNo credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product. (5) Other definitions \nAny term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. (6) Termination \nThis subsection shall not apply to any sale, use, or removal for any period after December 31, 2005. (d) Mixture not used as a fuel, etc \n(1) Imposition of tax \nIf— (A) any credit was determined under this section with respect to alcohol or biodiesel used in the production of any alcohol fuel mixture or biodiesel mixture, respectively, and (B) any person— (i) separates the alcohol or biodiesel from the mixture, or (ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol or biodiesel. (2) Applicable laws \nAll provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. (e) Coordination with exemption from excise tax \nRules similar to the rules under section 40(c) shall apply for purposes of this section.", "id": "HBD0E5DCCDF094DABBAF8F1A347539D97", "header": "Credit for alcohol fuel and biodiesel mixtures" }, { "text": "4104. Information reporting for persons claiming certain tax benefits \n(a) In general \nThe Secretary shall require any person claiming tax benefits under the provisions of section 34, 40, 40A, 4041(b)(2), 4041(k), 4081(c), 6426, or 6427(f) to file a quarterly return (in such manner as the Secretary may prescribe) providing such information relating to such benefits and the coordination of such benefits as the Secretary may require to ensure the proper administration and use of such benefits. (b) Enforcement \nWith respect to any person described in subsection (a) and subject to registration requirements under this title, rules similar to rules of section 4222(c) shall apply with respect to any requirement under this section.", "id": "HEF41041A0901473AA6F938AB8900512F", "header": "Information reporting for persons claiming certain tax benefits" }, { "text": "1316. Nonapplication of export exemption to delivery of fuel to motor vehicles removed from United States \n(a) In general \nSection 4221(d)(2) (defining export) is amended by adding at the end the following new sentence: Such term does not include the delivery of a taxable fuel (as defined in section 4083(a)(1)) into a fuel tank of a motor vehicle which is shipped or driven out of the United States.. (b) Conforming amendments \n(1) Section 4041(g) (relating to other exemptions) is amended by adding at the end the following new sentence: Paragraph (3) shall not apply to the sale for delivery of a liquid into a fuel tank of a motor vehicle which is shipped or driven out of the United States.. (2) Clause (iv) of section 4081(a)(1)(A) (relating to tax on removal, entry, or sale) is amended by inserting or at a duty-free sales enterprise (as defined in section 555(b)(8) of the Tariff Act of 1930 ) after section 4101. (c) Effective date \nThe amendments made by this section shall apply to sales or deliveries made after the date of the enactment of this Act.", "id": "H9CA5B059A2C34715814D99FF27E353A1", "header": "Nonapplication of export exemption to delivery of fuel to motor vehicles removed from United States" }, { "text": "1317. Repeal of phaseouts for qualified electric vehicle credit and deduction for clean fuel-vehicles \n(a) Credit for qualified electric vehicles \nSubsection (b) of section 30 (relating to limitations) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Deduction for clean-fuel vehicles and certain refueling property \nParagraph (1) of section 179A(b) (relating to qualified clean-fuel vehicle property) is amended to read as follows: (1) Qualified clean-fuel vehicle property \nThe cost which may be taken into account under subsection (a)(1)(A) with respect to any motor vehicle shall not exceed— (A) in the case of a motor vehicle not described in subparagraph (B) or (C), $2,000, (B) in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, $5,000, or (C) $50,000 in the case of— (i) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or (ii) any bus which has a seating capacity of at least 20 adults (not including the driver).. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "H782EAE2BBA264A11AFA252C797D4671F", "header": "Repeal of phaseouts for qualified electric vehicle credit and deduction for clean fuel-vehicles" }, { "text": "1318. Alternative motor vehicle credit \n(a) In general \nSubpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following: 30B. Alternative motor vehicle credit \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) the new qualified fuel cell motor vehicle credit determined under subsection (b), (2) the new advanced lean burn technology motor vehicle credit determined under subsection (c), (3) the new qualified hybrid motor vehicle credit determined under subsection (d), and (4) the new qualified alternative fuel motor vehicle credit determined under subsection (e). (b) New qualified fuel cell motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new qualified fuel cell motor vehicle credit determined under this subsection with respect to a new qualified fuel cell motor vehicle placed in service by the taxpayer during the taxable year shall be determined in accordance with the following table: In the case of a vehicle which has a gross vehicle weight rating of— The new qualified fuel cell motor vehicle credit is— Not more than 8,500 lbs $4,000 More than 8,500 lbs but not more than 14,000 lbs $10,000 More than 14,000 lbs but not more than 26,000 lbs $20,000 More than 26,000 lbs $40,000. (2) Increase for fuel efficiency \n(A) In general \nThe amount determined under paragraph (1) with respect to a new qualified fuel cell motor vehicle which is a passenger automobile or light truck shall be increased by the additional credit amount. (B) Additional credit amount \nFor purposes of subparagraph (A), the additional credit amount shall be determined in accordance with the following table: In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model year city fuel economy) of— The additional credit amount is— At least 150 percent but less than 175 percent $1,000 At least 175 percent but less than 200 percent $1,500 At least 200 percent but less than 225 percent $2,000 At least 225 percent but less than 250 percent $2,500 At least 250 percent but less than 275 percent $3,000 At least 275 percent but less than 300 percent $3,500 At least 300 percent $4,000. (3) New qualified fuel cell motor vehicle \nFor purposes of this subsection, the term new qualified fuel cell motor vehicle means a motor vehicle— (A) which is propelled by power derived from one or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use, (B) which, in the case of a passenger automobile or light truck, has received— (i) a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and (ii) a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, (C) the original use of which commences with the taxpayer, (D) which is acquired for use or lease by the taxpayer and not for resale, and (E) which is made by a manufacturer. (c) New advanced lean burn technology motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new advanced lean burn technology motor vehicle credit determined under this subsection with respect to a new advanced lean burn technology motor vehicle placed in service by the taxpayer during the taxable year is the credit amount determined under paragraph (2). (2) Credit amount \n(A) Fuel economy \nThe credit amount determined under this paragraph shall be determined in accordance with the following table: In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model year city fuel economy) of— The credit amount is— At least 125 percent but less than 150 percent $400 At least 150 percent but less than 175 percent $800 At least 175 percent but less than 200 percent $1,200 At least 200 percent but less than 225 percent $1,600 At least 225 percent but less than 250 percent $2,000 At least 250 percent $2,400. (B) Conservation credit \nThe amount determined under subparagraph (A) with respect to a new advanced lean burn technology motor vehicle shall be increased by the conservation credit amount determined in accordance with the following table: In the case of a vehicle which achieves a lifetime fuel savings (expressed in gallons of gasoline) of— The conservation credit amount is— At least 1,200 but less than 1,800 $250 At least 1,800 but less than 2,400 $500 At least 2,400 but less than 3,000 $750 At least 3,000 $1,000. (3) New advanced lean burn technology motor vehicle \nFor purposes of this subsection, the term new advanced lean burn technology motor vehicle means a passenger automobile or a light truck— (A) with an internal combustion engine which— (i) is designed to operate primarily using more air than is necessary for complete combustion of the fuel, (ii) incorporates direct injection, (iii) achieves at least 125 percent of the 2002 model year city fuel economy, (iv) for 2004 and later model vehicles, has received a certificate that such vehicle meets or exceeds— (I) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (II) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard which is so established. (B) the original use of which commences with the taxpayer, (C) which is acquired for use or lease by the taxpayer and not for resale, and (D) which is made by a manufacturer. (4) Lifetime fuel savings \nFor purposes of this subsection, the term lifetime fuel savings means, in the case of any new advanced lean burn technology motor vehicle, an amount equal to the excess (if any) of— (A) 120,000 divided by the 2002 model year city fuel economy for the vehicle inertia weight class, over (B) 120,000 divided by the city fuel economy for such vehicle. (d) New qualified hybrid motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new qualified hybrid motor vehicle credit determined under this subsection with respect to a new qualified hybrid motor vehicle placed in service by the taxpayer during the taxable year is the credit amount determined under paragraph (2). (2) Credit amount \n(A) Credit amount for passenger automobiles and light trucks \nIn the case of a new qualified hybrid motor vehicle which is a passenger automobile or light truck and which has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under this paragraph is the sum of the amounts determined under clauses (i) and (ii). (i) Fuel economy \nThe amount determined under this clause is the amount which would be determined under subsection (c)(2)(A) if such vehicle were a vehicle referred to in such subsection. (ii) Conservation credit \nThe amount determined under this clause is the amount which would be determined under subsection (c)(2)(B) if such vehicle were a vehicle referred to in such subsection. (B) Credit amount for other motor vehicles \n(i) In general \nIn the case of any new qualified hybrid motor vehicle to which subparagraph (A) does not apply, the amount determined under this paragraph is the amount equal to the applicable percentage of the qualified incremental hybrid cost of the vehicle as certified under clause (v). (ii) Applicable percentage \nFor purposes of clause (i), the applicable percentage is— (I) 20 percent if the vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 30 percent but less than 40 percent, (II) 30 percent if the vehicle achieves such an increase of at least 40 percent but less than 50 percent, and (III) 40 percent if the vehicle achieves such an increase of at least 50 percent. (iii) Qualified incremental hybrid cost \nFor purposes of this subparagraph, the qualified incremental hybrid cost of any vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a comparable vehicle, to the extent such amount does not exceed— (I) $7,500, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds, (II) $15,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (III) $30,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. (iv) Comparable vehicle \nFor purposes of this subparagraph, the term comparable vehicle means, with respect to any new qualified hybrid motor vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. (v) Certification \nA certification described in clause (i) shall be made by the manufacturer and shall be determined in accordance with guidance prescribed by the Secretary. Such guidance shall specify procedures and methods for calculating fuel economy savings and incremental hybrid costs. (3) New qualified hybrid motor vehicle \nFor purposes of this subsection— (A) In general \nThe term new qualified hybrid motor vehicle means a motor vehicle— (i) which draws propulsion energy from onboard sources of stored energy which are both— (I) an internal combustion or heat engine using consumable fuel, and (II) a rechargeable energy storage system, (ii) which, in the case of a vehicle to which paragraph (2)(A) applies, has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and (I) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (II) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard which is so established, (iii) which has a maximum available power of at least— (I) 4 percent in the case of a vehicle to which paragraph (2)(A) applies, (II) 10 percent in the case of a vehicle which has a gross vehicle weight rating or more than 8,500 pounds and not than 14,000 pounds, and (III) 15 percent in the case of a vehicle in excess of 14,000 pounds, (iv) which, in the case of a vehicle to which paragraph (2)(B) applies, has an internal combustion or heat engine which has received a certificate of conformity under the Clean Air Act as meeting the emission standards set in the regulations prescribed by the Administrator of the Environmental Protection Agency for 2004 through 2007 model year diesel heavy duty engines or ottocycle heavy duty engines, as applicable, (v) the original use of which commences with the taxpayer, (vi) which is acquired for use or lease by the taxpayer and not for resale, and (vii) which is made by a manufacturer. Such term shall not include any vehicle which is not a passenger automobile or light truck if such vehicle has a gross vehicle weight rating of less than 8,500 pounds. (B) Consumable fuel \nFor purposes of subparagraph (A)(i)(I), the term consumable fuel means any solid, liquid, or gaseous matter which releases energy when consumed by an auxiliary power unit. (C) Maximum available power \n(i) Certain passenger automobiles and light trucks \nIn the case of a vehicle to which paragraph (2)(A) applies, the term maximum available power means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine. (ii) Other motor vehicles \nIn the case of a vehicle to which paragraph (2)(B) applies, the term maximum available power means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by the vehicle’s total traction power. For purposes of the preceding sentence, the term total traction power means the sum of the peak power from the rechargeable energy storage system and the heat engine peak power of the vehicle, except that if such storage system is the sole means by which the vehicle can be driven, the total traction power is the peak power of such storage system. (e) New qualified alternative fuel motor vehicle credit \n(1) Allowance of credit \nExcept as provided in paragraph (5), the new qualified alternative fuel motor vehicle credit determined under this subsection is an amount equal to the applicable percentage of the incremental cost of any new qualified alternative fuel motor vehicle placed in service by the taxpayer during the taxable year. (2) Applicable percentage \nFor purposes of paragraph (1), the applicable percentage with respect to any new qualified alternative fuel motor vehicle is— (A) 40 percent, plus (B) 30 percent, if such vehicle— (i) has received a certificate of conformity under the Clean Air Act and meets or exceeds the most stringent standard available for certification under the Clean Air Act for that make and model year vehicle (other than a zero emission standard), or (ii) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the most stringent standard available for certification under the State laws of California (enacted in accordance with a waiver granted under section 209(b) of the Clean Air Act ) for that make and model year vehicle (other than a zero emission standard). For purposes of the preceding sentence, in the case of any new qualified alternative fuel motor vehicle which has a gross vehicle weight rating of more than 14,000 pounds, the most stringent standard available shall be such standard available for certification on the date of the enactment of the Energy Tax Policy Act of 2003. (3) Incremental cost \nFor purposes of this subsection, the incremental cost of any new qualified alternative fuel motor vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a gasoline or diesel fuel motor vehicle of the same model, to the extent such amount does not exceed— (A) $5,000, if such vehicle has a gross vehicle weight rating of not more than 8,500 pounds, (B) $10,000, if such vehicle has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, (C) $25,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (D) $40,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. (4) New qualified alternative fuel motor vehicle \nFor purposes of this subsection— (A) In general \nThe term new qualified alternative fuel motor vehicle means any motor vehicle— (i) which is only capable of operating on an alternative fuel, (ii) the original use of which commences with the taxpayer, (iii) which is acquired by the taxpayer for use or lease, but not for resale, and (iv) which is made by a manufacturer. (B) Alternative fuel \nThe term alternative fuel means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol. (5) Credit for mixed-fuel vehicles \n(A) In general \nIn the case of a mixed-fuel vehicle placed in service by the taxpayer during the taxable year, the credit determined under this subsection is an amount equal to— (i) in the case of a 75/25 mixed-fuel vehicle, 70 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle, and (ii) in the case of a 90/10 mixed-fuel vehicle, 90 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle. (B) Mixed-fuel vehicle \nFor purposes of this subsection, the term mixed-fuel vehicle means any motor vehicle described in subparagraph (C) or (D) of paragraph (3), which— (i) is certified by the manufacturer as being able to perform efficiently in normal operation on a combination of an alternative fuel and a petroleum-based fuel, (ii) either— (I) has received a certificate of conformity under the Clean Air Act , or (II) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the low emission vehicle standard under section 88.105–94 of title 40, Code of Federal Regulations, for that make and model year vehicle, (iii) the original use of which commences with the taxpayer, (iv) which is acquired by the taxpayer for use or lease, but not for resale, and (v) which is made by a manufacturer. (C) 75/25 mixed-fuel vehicle \nFor purposes of this subsection, the term 75/25 mixed-fuel vehicle means a mixed-fuel vehicle which operates using at least 75 percent alternative fuel and not more than 25 percent petroleum-based fuel. (D) 90/10 mixed-fuel vehicle \nFor purposes of this subsection, the term 90/10 mixed-fuel vehicle means a mixed-fuel vehicle which operates using at least 90 percent alternative fuel and not more than 10 percent petroleum-based fuel. (f) Limitation on number of new qualified hybrid and advanced lean-burn technology vehicles eligible for credit \n(1) In general \nIn the case of a qualified vehicle sold during the phaseout period, only the applicable percentage of the credit otherwise allowable under subsection (c) or (d) shall be allowed. (2) Phaseout period \nFor purposes of this subsection, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of qualified vehicles manufactured by the manufacturer of the vehicle referred to in paragraph (1) sold for use in the United States after the date of the enactment of this section is at least 80,000. (3) Applicable percentage \nFor purposes of paragraph (1), the applicable percentage is— (A) 50 percent for the first 2 calendar quarters of the phaseout period, (B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, and (C) 0 percent for each calendar quarter thereafter. (4) Controlled groups \n(A) In general \nFor purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. (B) Inclusion of foreign corporations \nFor purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (5) Qualified vehicle \nFor purposes of this subsection, the term qualified vehicle means any new qualified hybrid motor vehicle and any new advanced lean burn technology motor vehicle. (g) Limitation based on amount of tax \nThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (2) the sum of the credits allowable under subpart A and sections 27 and 30 for the taxable year. (h) Other definitions and special rules \nFor purposes of this section— (1) Motor vehicle \nThe term motor vehicle has the meaning given such term by section 30(c)(2). (2) Other terms \nThe terms automobile , passenger automobile , light truck , and manufacturer have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (3) 2002 model year city fuel economy \n(A) In general \nThe 2002 model year city fuel economy with respect to a vehicle shall be determined in accordance with the following tables: (i) In the case of a passenger automobile: (ii) In the case of a light truck: (B) Vehicle inertia weight class \nFor purposes of subparagraph (A), the term vehicle inertia weight class has the same meaning as when defined in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (4) Fuel economy \nFuel economy with respect to any vehicle shall be measured under rules similar to the rules under section 4064(c). (5) Reduction in basis \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. (6) No double benefit \nThe amount of any deduction or credit allowable under this chapter (other than the credits allowable under this section and section 30) shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. (7) Recapture \nThe Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). (8) Property used outside United States, etc., not qualified \nNo credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (9) Election not to take credit \nNo credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. (10) Business carryovers allowed \nIf the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (g) for such taxable year, such excess (to the extent of the credit allowable with respect to property subject to the allowance for depreciation) shall be allowed as a credit carryback and carryforward under rules similar to the rules of section 39. (11) Interaction with motor vehicle safety standards \nUnless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. (i) Regulations \n(1) In general \nThe Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. (2) Determination of motor vehicle eligibility \nThe Secretary, after coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether a motor vehicle meets the requirements to be eligible for a credit under this section. (j) Termination \nThis section shall not apply to any property placed in service after— (1) in the case of a new qualified alternative fuel motor vehicle, December 31, 2006, (2) in the case of a new advanced lean burn technology motor vehicle or a new qualified hybrid motor vehicle, December 31, 2008, and (3) in the case of a new qualified fuel cell motor vehicle, December 31, 2012.. (b) Conforming amendments \n(1) Section 30(d) (relating to special rules) is amended by adding at the end the following new paragraphs: (5) No double benefit \nNo credit shall be allowed under this section for any motor vehicle for which a credit is also allowed under section 30B.. (2) Section 1016(a), as amended by this Act, is amended by striking and at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting , and , and by adding at the end the following: (33) to the extent provided in section 30B(h)(5).. (3) Section 6501(m) is amended by inserting 30B(h)(9), after 30(d)(4),. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following: Sec. 30B. Alternative motor vehicle credit. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. (d) Sticker information required at retail sale \n(1) In general \nThe Secretary of the Treasury shall issue regulations under which each qualified vehicle sold at retail shall display a notice— (A) that such vehicle is a qualified vehicle, and (B) that the buyer may not benefit from the credit allowed under section 30B of the Internal Revenue Code of 1986 if such buyer has insufficient tax liability. (2) Qualified vehicle \nFor purposes of paragraph (1), the term qualified vehicle means a vehicle with respect to which a credit is allowed under section 30B of the Internal Revenue Code of 1986.", "id": "H640DFCDDED2B4967AE615B4D66CB121F", "header": "Alternative motor vehicle credit" }, { "text": "30B. Alternative motor vehicle credit \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) the new qualified fuel cell motor vehicle credit determined under subsection (b), (2) the new advanced lean burn technology motor vehicle credit determined under subsection (c), (3) the new qualified hybrid motor vehicle credit determined under subsection (d), and (4) the new qualified alternative fuel motor vehicle credit determined under subsection (e). (b) New qualified fuel cell motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new qualified fuel cell motor vehicle credit determined under this subsection with respect to a new qualified fuel cell motor vehicle placed in service by the taxpayer during the taxable year shall be determined in accordance with the following table: In the case of a vehicle which has a gross vehicle weight rating of— The new qualified fuel cell motor vehicle credit is— Not more than 8,500 lbs $4,000 More than 8,500 lbs but not more than 14,000 lbs $10,000 More than 14,000 lbs but not more than 26,000 lbs $20,000 More than 26,000 lbs $40,000. (2) Increase for fuel efficiency \n(A) In general \nThe amount determined under paragraph (1) with respect to a new qualified fuel cell motor vehicle which is a passenger automobile or light truck shall be increased by the additional credit amount. (B) Additional credit amount \nFor purposes of subparagraph (A), the additional credit amount shall be determined in accordance with the following table: In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model year city fuel economy) of— The additional credit amount is— At least 150 percent but less than 175 percent $1,000 At least 175 percent but less than 200 percent $1,500 At least 200 percent but less than 225 percent $2,000 At least 225 percent but less than 250 percent $2,500 At least 250 percent but less than 275 percent $3,000 At least 275 percent but less than 300 percent $3,500 At least 300 percent $4,000. (3) New qualified fuel cell motor vehicle \nFor purposes of this subsection, the term new qualified fuel cell motor vehicle means a motor vehicle— (A) which is propelled by power derived from one or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use, (B) which, in the case of a passenger automobile or light truck, has received— (i) a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and (ii) a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, (C) the original use of which commences with the taxpayer, (D) which is acquired for use or lease by the taxpayer and not for resale, and (E) which is made by a manufacturer. (c) New advanced lean burn technology motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new advanced lean burn technology motor vehicle credit determined under this subsection with respect to a new advanced lean burn technology motor vehicle placed in service by the taxpayer during the taxable year is the credit amount determined under paragraph (2). (2) Credit amount \n(A) Fuel economy \nThe credit amount determined under this paragraph shall be determined in accordance with the following table: In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model year city fuel economy) of— The credit amount is— At least 125 percent but less than 150 percent $400 At least 150 percent but less than 175 percent $800 At least 175 percent but less than 200 percent $1,200 At least 200 percent but less than 225 percent $1,600 At least 225 percent but less than 250 percent $2,000 At least 250 percent $2,400. (B) Conservation credit \nThe amount determined under subparagraph (A) with respect to a new advanced lean burn technology motor vehicle shall be increased by the conservation credit amount determined in accordance with the following table: In the case of a vehicle which achieves a lifetime fuel savings (expressed in gallons of gasoline) of— The conservation credit amount is— At least 1,200 but less than 1,800 $250 At least 1,800 but less than 2,400 $500 At least 2,400 but less than 3,000 $750 At least 3,000 $1,000. (3) New advanced lean burn technology motor vehicle \nFor purposes of this subsection, the term new advanced lean burn technology motor vehicle means a passenger automobile or a light truck— (A) with an internal combustion engine which— (i) is designed to operate primarily using more air than is necessary for complete combustion of the fuel, (ii) incorporates direct injection, (iii) achieves at least 125 percent of the 2002 model year city fuel economy, (iv) for 2004 and later model vehicles, has received a certificate that such vehicle meets or exceeds— (I) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (II) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard which is so established. (B) the original use of which commences with the taxpayer, (C) which is acquired for use or lease by the taxpayer and not for resale, and (D) which is made by a manufacturer. (4) Lifetime fuel savings \nFor purposes of this subsection, the term lifetime fuel savings means, in the case of any new advanced lean burn technology motor vehicle, an amount equal to the excess (if any) of— (A) 120,000 divided by the 2002 model year city fuel economy for the vehicle inertia weight class, over (B) 120,000 divided by the city fuel economy for such vehicle. (d) New qualified hybrid motor vehicle credit \n(1) In general \nFor purposes of subsection (a), the new qualified hybrid motor vehicle credit determined under this subsection with respect to a new qualified hybrid motor vehicle placed in service by the taxpayer during the taxable year is the credit amount determined under paragraph (2). (2) Credit amount \n(A) Credit amount for passenger automobiles and light trucks \nIn the case of a new qualified hybrid motor vehicle which is a passenger automobile or light truck and which has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under this paragraph is the sum of the amounts determined under clauses (i) and (ii). (i) Fuel economy \nThe amount determined under this clause is the amount which would be determined under subsection (c)(2)(A) if such vehicle were a vehicle referred to in such subsection. (ii) Conservation credit \nThe amount determined under this clause is the amount which would be determined under subsection (c)(2)(B) if such vehicle were a vehicle referred to in such subsection. (B) Credit amount for other motor vehicles \n(i) In general \nIn the case of any new qualified hybrid motor vehicle to which subparagraph (A) does not apply, the amount determined under this paragraph is the amount equal to the applicable percentage of the qualified incremental hybrid cost of the vehicle as certified under clause (v). (ii) Applicable percentage \nFor purposes of clause (i), the applicable percentage is— (I) 20 percent if the vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 30 percent but less than 40 percent, (II) 30 percent if the vehicle achieves such an increase of at least 40 percent but less than 50 percent, and (III) 40 percent if the vehicle achieves such an increase of at least 50 percent. (iii) Qualified incremental hybrid cost \nFor purposes of this subparagraph, the qualified incremental hybrid cost of any vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a comparable vehicle, to the extent such amount does not exceed— (I) $7,500, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds, (II) $15,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (III) $30,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. (iv) Comparable vehicle \nFor purposes of this subparagraph, the term comparable vehicle means, with respect to any new qualified hybrid motor vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. (v) Certification \nA certification described in clause (i) shall be made by the manufacturer and shall be determined in accordance with guidance prescribed by the Secretary. Such guidance shall specify procedures and methods for calculating fuel economy savings and incremental hybrid costs. (3) New qualified hybrid motor vehicle \nFor purposes of this subsection— (A) In general \nThe term new qualified hybrid motor vehicle means a motor vehicle— (i) which draws propulsion energy from onboard sources of stored energy which are both— (I) an internal combustion or heat engine using consumable fuel, and (II) a rechargeable energy storage system, (ii) which, in the case of a vehicle to which paragraph (2)(A) applies, has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and (I) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (II) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard which is so established, (iii) which has a maximum available power of at least— (I) 4 percent in the case of a vehicle to which paragraph (2)(A) applies, (II) 10 percent in the case of a vehicle which has a gross vehicle weight rating or more than 8,500 pounds and not than 14,000 pounds, and (III) 15 percent in the case of a vehicle in excess of 14,000 pounds, (iv) which, in the case of a vehicle to which paragraph (2)(B) applies, has an internal combustion or heat engine which has received a certificate of conformity under the Clean Air Act as meeting the emission standards set in the regulations prescribed by the Administrator of the Environmental Protection Agency for 2004 through 2007 model year diesel heavy duty engines or ottocycle heavy duty engines, as applicable, (v) the original use of which commences with the taxpayer, (vi) which is acquired for use or lease by the taxpayer and not for resale, and (vii) which is made by a manufacturer. Such term shall not include any vehicle which is not a passenger automobile or light truck if such vehicle has a gross vehicle weight rating of less than 8,500 pounds. (B) Consumable fuel \nFor purposes of subparagraph (A)(i)(I), the term consumable fuel means any solid, liquid, or gaseous matter which releases energy when consumed by an auxiliary power unit. (C) Maximum available power \n(i) Certain passenger automobiles and light trucks \nIn the case of a vehicle to which paragraph (2)(A) applies, the term maximum available power means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine. (ii) Other motor vehicles \nIn the case of a vehicle to which paragraph (2)(B) applies, the term maximum available power means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by the vehicle’s total traction power. For purposes of the preceding sentence, the term total traction power means the sum of the peak power from the rechargeable energy storage system and the heat engine peak power of the vehicle, except that if such storage system is the sole means by which the vehicle can be driven, the total traction power is the peak power of such storage system. (e) New qualified alternative fuel motor vehicle credit \n(1) Allowance of credit \nExcept as provided in paragraph (5), the new qualified alternative fuel motor vehicle credit determined under this subsection is an amount equal to the applicable percentage of the incremental cost of any new qualified alternative fuel motor vehicle placed in service by the taxpayer during the taxable year. (2) Applicable percentage \nFor purposes of paragraph (1), the applicable percentage with respect to any new qualified alternative fuel motor vehicle is— (A) 40 percent, plus (B) 30 percent, if such vehicle— (i) has received a certificate of conformity under the Clean Air Act and meets or exceeds the most stringent standard available for certification under the Clean Air Act for that make and model year vehicle (other than a zero emission standard), or (ii) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the most stringent standard available for certification under the State laws of California (enacted in accordance with a waiver granted under section 209(b) of the Clean Air Act ) for that make and model year vehicle (other than a zero emission standard). For purposes of the preceding sentence, in the case of any new qualified alternative fuel motor vehicle which has a gross vehicle weight rating of more than 14,000 pounds, the most stringent standard available shall be such standard available for certification on the date of the enactment of the Energy Tax Policy Act of 2003. (3) Incremental cost \nFor purposes of this subsection, the incremental cost of any new qualified alternative fuel motor vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a gasoline or diesel fuel motor vehicle of the same model, to the extent such amount does not exceed— (A) $5,000, if such vehicle has a gross vehicle weight rating of not more than 8,500 pounds, (B) $10,000, if such vehicle has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, (C) $25,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (D) $40,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. (4) New qualified alternative fuel motor vehicle \nFor purposes of this subsection— (A) In general \nThe term new qualified alternative fuel motor vehicle means any motor vehicle— (i) which is only capable of operating on an alternative fuel, (ii) the original use of which commences with the taxpayer, (iii) which is acquired by the taxpayer for use or lease, but not for resale, and (iv) which is made by a manufacturer. (B) Alternative fuel \nThe term alternative fuel means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol. (5) Credit for mixed-fuel vehicles \n(A) In general \nIn the case of a mixed-fuel vehicle placed in service by the taxpayer during the taxable year, the credit determined under this subsection is an amount equal to— (i) in the case of a 75/25 mixed-fuel vehicle, 70 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle, and (ii) in the case of a 90/10 mixed-fuel vehicle, 90 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle. (B) Mixed-fuel vehicle \nFor purposes of this subsection, the term mixed-fuel vehicle means any motor vehicle described in subparagraph (C) or (D) of paragraph (3), which— (i) is certified by the manufacturer as being able to perform efficiently in normal operation on a combination of an alternative fuel and a petroleum-based fuel, (ii) either— (I) has received a certificate of conformity under the Clean Air Act , or (II) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the low emission vehicle standard under section 88.105–94 of title 40, Code of Federal Regulations, for that make and model year vehicle, (iii) the original use of which commences with the taxpayer, (iv) which is acquired by the taxpayer for use or lease, but not for resale, and (v) which is made by a manufacturer. (C) 75/25 mixed-fuel vehicle \nFor purposes of this subsection, the term 75/25 mixed-fuel vehicle means a mixed-fuel vehicle which operates using at least 75 percent alternative fuel and not more than 25 percent petroleum-based fuel. (D) 90/10 mixed-fuel vehicle \nFor purposes of this subsection, the term 90/10 mixed-fuel vehicle means a mixed-fuel vehicle which operates using at least 90 percent alternative fuel and not more than 10 percent petroleum-based fuel. (f) Limitation on number of new qualified hybrid and advanced lean-burn technology vehicles eligible for credit \n(1) In general \nIn the case of a qualified vehicle sold during the phaseout period, only the applicable percentage of the credit otherwise allowable under subsection (c) or (d) shall be allowed. (2) Phaseout period \nFor purposes of this subsection, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of qualified vehicles manufactured by the manufacturer of the vehicle referred to in paragraph (1) sold for use in the United States after the date of the enactment of this section is at least 80,000. (3) Applicable percentage \nFor purposes of paragraph (1), the applicable percentage is— (A) 50 percent for the first 2 calendar quarters of the phaseout period, (B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, and (C) 0 percent for each calendar quarter thereafter. (4) Controlled groups \n(A) In general \nFor purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. (B) Inclusion of foreign corporations \nFor purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (5) Qualified vehicle \nFor purposes of this subsection, the term qualified vehicle means any new qualified hybrid motor vehicle and any new advanced lean burn technology motor vehicle. (g) Limitation based on amount of tax \nThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (2) the sum of the credits allowable under subpart A and sections 27 and 30 for the taxable year. (h) Other definitions and special rules \nFor purposes of this section— (1) Motor vehicle \nThe term motor vehicle has the meaning given such term by section 30(c)(2). (2) Other terms \nThe terms automobile , passenger automobile , light truck , and manufacturer have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (3) 2002 model year city fuel economy \n(A) In general \nThe 2002 model year city fuel economy with respect to a vehicle shall be determined in accordance with the following tables: (i) In the case of a passenger automobile: (ii) In the case of a light truck: (B) Vehicle inertia weight class \nFor purposes of subparagraph (A), the term vehicle inertia weight class has the same meaning as when defined in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (4) Fuel economy \nFuel economy with respect to any vehicle shall be measured under rules similar to the rules under section 4064(c). (5) Reduction in basis \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. (6) No double benefit \nThe amount of any deduction or credit allowable under this chapter (other than the credits allowable under this section and section 30) shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. (7) Recapture \nThe Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). (8) Property used outside United States, etc., not qualified \nNo credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. (9) Election not to take credit \nNo credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. (10) Business carryovers allowed \nIf the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (g) for such taxable year, such excess (to the extent of the credit allowable with respect to property subject to the allowance for depreciation) shall be allowed as a credit carryback and carryforward under rules similar to the rules of section 39. (11) Interaction with motor vehicle safety standards \nUnless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. (i) Regulations \n(1) In general \nThe Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. (2) Determination of motor vehicle eligibility \nThe Secretary, after coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether a motor vehicle meets the requirements to be eligible for a credit under this section. (j) Termination \nThis section shall not apply to any property placed in service after— (1) in the case of a new qualified alternative fuel motor vehicle, December 31, 2006, (2) in the case of a new advanced lean burn technology motor vehicle or a new qualified hybrid motor vehicle, December 31, 2008, and (3) in the case of a new qualified fuel cell motor vehicle, December 31, 2012.", "id": "H5B0FF6179C82433DB7F0DFC813AE8575", "header": "Alternative motor vehicle credit" }, { "text": "1319. Modifications of deduction for certain refueling property \n(a) In general \nSubsection (f) of section 179A is amended to read as follows: (f) Termination \nThis section shall not apply to any property placed in service— (1) in the case of property relating to hydrogen, after December 31, 2011, and (2) in the case of any other property, after December 31, 2008.. (b) Incentive for production of hydrogen at qualified clean-fuel vehicle refueling property \nSection 179A(d) (defining qualified clean-fuel vehicle refueling property) is amended by adding at the end the following new flush sentence: In the case of clean-burning fuel which is hydrogen produced from another clean-burning fuel, paragraph (3)(A) shall be applied by substituting production, storage, or dispensing for storage or dispensing both places it appears.. (c) Increase in location expenditures \nSection 179A(b)(2)(A)(i) is amended by striking $100,000 and inserting $150,000. (d) Nonbusiness use of qualified clean-fuel vehicle refueling property \nSection 179A(d) is amended by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (e) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "id": "H20D116828AAB471E9D007D1C263D6C2F", "header": "Modifications of deduction for certain refueling property" }, { "text": "1321. Natural gas gathering lines treated as 7-YEAR property \n(a) In general \nSubparagraph (C) of section 168(e)(3) (relating to classification of certain property) is amended by striking and at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: (ii) any natural gas gathering line, and. (b) Natural gas gathering line \nSubsection (i) of section 168 , as amended by this Act, is amended by adding after paragraph (15) the following new paragraph: (16) Natural gas gathering line \nThe term natural gas gathering line means— (A) the pipe, equipment, and appurtenances determined to be a gathering line by the Federal Energy Regulatory Commission, or (B) the pipe, equipment, and appurtenances used to deliver natural gas from the wellhead or a commonpoint to the point at which such gas first reaches— (i) a gas processing plant, (ii) an interconnection with a transmission pipeline for which a certificate as an interstate transmission pipeline has been issued by the Federal Energy Regulatory Commission, (iii) an interconnection with an intrastate transmission pipeline, or (iv) a direct interconnection with a local distribution company, a gas storage facility, or an industrial consumer.. (c) Alternative system \nThe table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (C)(i) the following: (C) (ii) 14. (d) Alternative minimum tax exception \nSubparagraph (B) of section 56(a)(1) is amended by inserting before the period the following: , or in section 168(e)(3)(C)(ii). (e) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "id": "HD906A5D56FBF484681E1CD05E2CB381D", "header": "Natural gas gathering lines treated as 7-YEAR property" }, { "text": "1322. Natural gas distribution lines treated as 15-year property \n(a) In general \nSubparagraph (E) of section 168(e)(3) (relating to classification of certain property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and by inserting , and , and by adding at the end the following new clause: (iv) any natural gas distribution line.. (b) Alternative system \nThe table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(iii) the following: (E) (iv) 35. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "id": "HD53C5AA1944C44118CEEBADBC33CD1B4", "header": "Natural gas distribution lines treated as 15-year property" }, { "text": "1323. Electric transmission property treated as 15-year property \n(a) In general \nSubparagraph (E) of section 168(e)(3) (relating to classification of certain property), as amended by this Act, is amended by striking and at the end of clause (iii), by striking the period at the end of clause (iv) and by inserting , and , and by adding at the end the following new clause: (v) any section 1245 property (as defined in section 1245(a)(3)) used in the transmission at 69 or more kilovolts of electricity for sale the original use of which commences with the taxpayer after the date of the enactment of this clause.. (b) Alternative system \nThe table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(iv) the following: (E) (v) 30. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "id": "H4CDA18E7A38F4130B4E939AA11DD8DD2", "header": "Electric transmission property treated as 15-year property" }, { "text": "1324. Expensing of capital costs incurred in complying with Environmental Protection Agency sulfur regulations \n(a) In general \nPart VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations), as amended by this Act, is amended by inserting after section 179B the following new section: 179C. Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations \n(a) Treatment as expenses \nA small business refiner (as defined in section 45I(c)(1)) may elect to treat 75 percent of qualified capital costs (as defined in section 45I(c)(2)) which are paid or incurred by the taxpayer during the taxable year as expenses which are not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which paid or incurred. (b) Reduced percentage \nIn the case of a small business refiner with average daily domestic refinery runs for the 1-year period ending on December 31, 2002, in excess of 155,000 barrels, the number of percentage points described in subsection (a) shall be reduced (not below zero) by the product of such number (before the application of this subsection) and the ratio of such excess to 50,000 barrels. (c) Basis reduction \n(1) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (2) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.. (d) Coordination with other provisions \nSection 280B shall not apply to amounts which are treated as expenses under this section.. (b) Conforming amendments \n(1) Section 263(a)(1), as amended by this Act, is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ; or , and by adding at the end the following new subparagraph: (J) expenditures for which a deduction is allowed under section 179C.. (2) Section 263A(c)(3) is amended by inserting 179C, after section. (3) Section 312(k)(3)(B), as amended by this Act, is amended by striking or 179B each place it appears in the heading and text and inserting 179B, or 179C. (4) Section 1016(a), as amended by this Act, is amended by striking and at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , and , and by adding at the end the following new paragraph: (34) to the extent provided in section 179C(c).. (5) Paragraphs (2)(C) and (3)(C) of section 1245(a), as amended by this Act, are each amended by inserting 179C, after 179B,. (6) The table of sections for part VI of subchapter B of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 179B the following new item: Sec. 179C. Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations. (c) Effective date \nThe amendment made by this section shall apply to expenses paid or incurred after December 31, 2002, in taxable years ending after such date.", "id": "HEEC9ED8ACB104158B2D81DF08ED4F9DE", "header": "Expensing of capital costs incurred in complying with Environmental Protection Agency sulfur regulations" }, { "text": "179C. Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations \n(a) Treatment as expenses \nA small business refiner (as defined in section 45I(c)(1)) may elect to treat 75 percent of qualified capital costs (as defined in section 45I(c)(2)) which are paid or incurred by the taxpayer during the taxable year as expenses which are not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which paid or incurred. (b) Reduced percentage \nIn the case of a small business refiner with average daily domestic refinery runs for the 1-year period ending on December 31, 2002, in excess of 155,000 barrels, the number of percentage points described in subsection (a) shall be reduced (not below zero) by the product of such number (before the application of this subsection) and the ratio of such excess to 50,000 barrels. (c) Basis reduction \n(1) In general \nFor purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (2) Ordinary income recapture \nFor purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.", "id": "H918BD8F13EC5469FB587AFD500967F7D", "header": "Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations" }, { "text": "1325. Credit for production of low sulfur diesel fuel \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business-related credits), as amended by this Act, is amended by adding at the end the following new section: 45I. Credit for production of low sulfur diesel fuel \n(a) In general \nFor purposes of section 38, the amount of the low sulfur diesel fuel production credit determined under this section with respect to any facility of a small business refiner is an amount equal to 5 cents for each gallon of low sulfur diesel fuel produced during the taxable year by such small business refiner at such facility. (b) Maximum credit \n(1) In general \nThe aggregate credit determined under subsection (a) for any taxable year with respect to any facility shall not exceed— (A) 25 percent of the qualified capital costs incurred by the small business refiner with respect to such facility, reduced by (B) the aggregate credits determined under this section for all prior taxable years with respect to such facility. (2) Reduced percentage \nIn the case of a small business refiner with average daily domestic refinery runs for the 1-year period ending on December 31, 2002, in excess of 155,000 barrels, the number of percentage points described in paragraph (1) shall be reduced (not below zero) by the product of such number (before the application of this paragraph) and the ratio of such excess to 50,000 barrels. (c) Definitions and special rule \nFor purposes of this section— (1) Small business refiner \nThe term small business refiner means, with respect to any taxable year, a refiner of crude oil— (A) with respect to which not more than 1,500 individuals are engaged in the refinery operations of the business on any day during such taxable year, and (B) the average daily domestic refinery run or average retained production of which for all facilities of the taxpayer for the 1-year period ending on December 31, 2002, did not exceed 205,000 barrels. (2) Qualified capital costs \nThe term qualified capital costs means, with respect to any facility, those costs paid or incurred during the applicable period for compliance with the applicable EPA regulations with respect to such facility, including expenditures for the construction of new process operation units or the dismantling and reconstruction of existing process units to be used in the production of low sulfur diesel fuel, associated adjacent or offsite equipment (including tankage, catalyst, and power supply), engineering, construction period interest, and sitework. (3) Applicable EPA regulations \nThe term applicable EPA regulations means the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. (4) Applicable period \nThe term applicable period means, with respect to any facility, the period beginning on January 1, 2003, and ending on the earlier of the date which is 1 year after the date on which the taxpayer must comply with the applicable EPA regulations with respect to such facility or December 31, 2009. (5) Low sulfur diesel fuel \nThe term low sulfur diesel fuel means diesel fuel with a sulfur content of 15 parts per million or less. (d) Reduction in basis \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (e) Special rule for determination of refinery runs \nFor purposes this section and section 179C(b), in the calculation of average daily domestic refinery run or retained production, only refineries which on April 1, 2003, were refineries of the refiner or a related person (within the meaning of section 613A(d)(3)), shall be taken into account. (f) Certification \n(1) Required \nNo credit shall be allowed unless, not later than the date which is 30 months after the first day of the first taxable year in which the low sulfur diesel fuel production credit is allowed with respect to a facility, the small business refiner obtains certification from the Secretary, after consultation with the Administrator of the Environmental Protection Agency, that the taxpayer’s qualified capital costs with respect to such facility will result in compliance with the applicable EPA regulations. (2) Contents of application \nAn application for certification shall include relevant information regarding unit capacities and operating characteristics sufficient for the Secretary, after consultation with the Administrator of the Environmental Protection Agency, to determine that such qualified capital costs are necessary for compliance with the applicable EPA regulations. (3) Review period \nAny application shall be reviewed and notice of certification, if applicable, shall be made within 60 days of receipt of such application. In the event the Secretary does not notify the taxpayer of the results of such certification within such period, the taxpayer may presume the certification to be issued until so notified. (4) Statute of limitations \nWith respect to the credit allowed under this section— (A) the statutory period for the assessment of any deficiency attributable to such credit shall not expire before the end of the 3-year period ending on the date that the review period described in paragraph (3) ends with respect to the taxpayer, and (B) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. (g) Cooperative organizations \n(1) Apportionment of credit \n(A) In general \nIn the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons eligible to share in patronage dividends on the basis of the quantity or value of business done with or for such patrons for the taxable year. (B) Form and effect of election \nAn election under subparagraph (A) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. (2) Treatment of organizations and patrons \n(A) Organizations \nThe amount of the credit not apportioned to patrons pursuant to paragraph (1) shall be included in the amount determined under subsection (a) for the taxable year of the organization. (B) Patrons \nThe amount of the credit apportioned to patrons pursuant to paragraph (1) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (3) Special rule \nIf the amount of a credit which has been apportioned to any patron under this subsection is decreased for any reason— (A) such amount shall not increase the tax imposed on such patron, and (B) the tax imposed by this chapter on such organization shall be increased by such amount. The increase under subparagraph (B) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.. (b) Credit made part of general business credit \nSubsection (b) of section 38 (relating to general business credit), as amended by this Act, is amended by striking plus at the end of paragraph (17), by striking the period at the end of paragraph (18) and inserting , plus , and by adding at the end the following new paragraph: (19) in the case of a small business refiner, the low sulfur diesel fuel production credit determined under section 45I(a).. (c) Denial of double benefit \nSection 280C (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: (d) Low sulfur diesel fuel production credit \nNo deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45I(a).. (d) Basis adjustment \nSection 1016(a) (relating to adjustments to basis), as amended by this Act, is amended by striking and at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , and , and by adding at the end the following new paragraph: (35) in the case of a facility with respect to which a credit was allowed under section 45I, to the extent provided in section 45I(d).. (e) Deduction for certain unused business credits \nSection 196(c) (defining qualified business credits), as amended by this Act, is amended by striking and at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting , and , and by adding after paragraph (13) the following new paragraph: (14) the low sulfur diesel fuel production credit determined under section 45I(a).. (f) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is amended by adding at the end the following new item: Sec. 45I. Credit for production of low sulfur diesel fuel. (g) Effective date \nThe amendments made by this section shall apply to expenses paid or incurred after December 31, 2002, in taxable years ending after such date.", "id": "HDE27434ACA884836A9E39DF6D23FDD00", "header": "Credit for production of low sulfur diesel fuel" }, { "text": "45I. Credit for production of low sulfur diesel fuel \n(a) In general \nFor purposes of section 38, the amount of the low sulfur diesel fuel production credit determined under this section with respect to any facility of a small business refiner is an amount equal to 5 cents for each gallon of low sulfur diesel fuel produced during the taxable year by such small business refiner at such facility. (b) Maximum credit \n(1) In general \nThe aggregate credit determined under subsection (a) for any taxable year with respect to any facility shall not exceed— (A) 25 percent of the qualified capital costs incurred by the small business refiner with respect to such facility, reduced by (B) the aggregate credits determined under this section for all prior taxable years with respect to such facility. (2) Reduced percentage \nIn the case of a small business refiner with average daily domestic refinery runs for the 1-year period ending on December 31, 2002, in excess of 155,000 barrels, the number of percentage points described in paragraph (1) shall be reduced (not below zero) by the product of such number (before the application of this paragraph) and the ratio of such excess to 50,000 barrels. (c) Definitions and special rule \nFor purposes of this section— (1) Small business refiner \nThe term small business refiner means, with respect to any taxable year, a refiner of crude oil— (A) with respect to which not more than 1,500 individuals are engaged in the refinery operations of the business on any day during such taxable year, and (B) the average daily domestic refinery run or average retained production of which for all facilities of the taxpayer for the 1-year period ending on December 31, 2002, did not exceed 205,000 barrels. (2) Qualified capital costs \nThe term qualified capital costs means, with respect to any facility, those costs paid or incurred during the applicable period for compliance with the applicable EPA regulations with respect to such facility, including expenditures for the construction of new process operation units or the dismantling and reconstruction of existing process units to be used in the production of low sulfur diesel fuel, associated adjacent or offsite equipment (including tankage, catalyst, and power supply), engineering, construction period interest, and sitework. (3) Applicable EPA regulations \nThe term applicable EPA regulations means the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. (4) Applicable period \nThe term applicable period means, with respect to any facility, the period beginning on January 1, 2003, and ending on the earlier of the date which is 1 year after the date on which the taxpayer must comply with the applicable EPA regulations with respect to such facility or December 31, 2009. (5) Low sulfur diesel fuel \nThe term low sulfur diesel fuel means diesel fuel with a sulfur content of 15 parts per million or less. (d) Reduction in basis \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (e) Special rule for determination of refinery runs \nFor purposes this section and section 179C(b), in the calculation of average daily domestic refinery run or retained production, only refineries which on April 1, 2003, were refineries of the refiner or a related person (within the meaning of section 613A(d)(3)), shall be taken into account. (f) Certification \n(1) Required \nNo credit shall be allowed unless, not later than the date which is 30 months after the first day of the first taxable year in which the low sulfur diesel fuel production credit is allowed with respect to a facility, the small business refiner obtains certification from the Secretary, after consultation with the Administrator of the Environmental Protection Agency, that the taxpayer’s qualified capital costs with respect to such facility will result in compliance with the applicable EPA regulations. (2) Contents of application \nAn application for certification shall include relevant information regarding unit capacities and operating characteristics sufficient for the Secretary, after consultation with the Administrator of the Environmental Protection Agency, to determine that such qualified capital costs are necessary for compliance with the applicable EPA regulations. (3) Review period \nAny application shall be reviewed and notice of certification, if applicable, shall be made within 60 days of receipt of such application. In the event the Secretary does not notify the taxpayer of the results of such certification within such period, the taxpayer may presume the certification to be issued until so notified. (4) Statute of limitations \nWith respect to the credit allowed under this section— (A) the statutory period for the assessment of any deficiency attributable to such credit shall not expire before the end of the 3-year period ending on the date that the review period described in paragraph (3) ends with respect to the taxpayer, and (B) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. (g) Cooperative organizations \n(1) Apportionment of credit \n(A) In general \nIn the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons eligible to share in patronage dividends on the basis of the quantity or value of business done with or for such patrons for the taxable year. (B) Form and effect of election \nAn election under subparagraph (A) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. (2) Treatment of organizations and patrons \n(A) Organizations \nThe amount of the credit not apportioned to patrons pursuant to paragraph (1) shall be included in the amount determined under subsection (a) for the taxable year of the organization. (B) Patrons \nThe amount of the credit apportioned to patrons pursuant to paragraph (1) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (3) Special rule \nIf the amount of a credit which has been apportioned to any patron under this subsection is decreased for any reason— (A) such amount shall not increase the tax imposed on such patron, and (B) the tax imposed by this chapter on such organization shall be increased by such amount. The increase under subparagraph (B) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.", "id": "H37A52683A0A84102875551D98C161E00", "header": "Credit for production of low sulfur diesel fuel" }, { "text": "1326. Determination of small refiner exception to oil depletion deduction \n(a) In general \nParagraph (4) of section 613A(d) (relating to limitations on application of subsection (c)) is amended to read as follows: (4) Certain refiners excluded \nIf the taxpayer or 1 or more related persons engages in the refining of crude oil, subsection (c) shall not apply to the taxpayer for a taxable year if the average daily refinery runs of the taxpayer and such persons for the taxable year exceed 67,500 barrels. For purposes of this paragraph, the average daily refinery runs for any taxable year shall be determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year.. (b) Effective date \nThe amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H4E039429DBA14243AC6DEA43269623D2", "header": "Determination of small refiner exception to oil depletion deduction" }, { "text": "1327. Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy \n(a) In general \nSection 451 (relating to general rule for taxable year of inclusion) is amended by adding at the end the following new subsection: (i) Special rule for sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy \n(1) In general \nIn the case of any qualifying electric transmission transaction for which the taxpayer elects the application of this section, qualified gain from such transaction shall be recognized— (A) in the taxable year which includes the date of such transaction to the extent the amount realized from such transaction exceeds— (i) the cost of exempt utility property which is purchased by the taxpayer during the 4-year period beginning on such date, reduced (but not below zero) by (ii) any portion of such cost previously taken into account under this subsection, and (B) ratably over the 8-taxable year period beginning with the taxable year which includes the date of such transaction, in the case of any such gain not recognized under subparagraph (A). (2) Qualified gain \nFor purposes of this subsection, the term qualified gain means, with respect to any qualifying electric transmission transaction in any taxable year— (A) any ordinary income derived from such transaction which would be required to be recognized under section 1245 or 1250 for such taxable year (determined without regard to this subsection), and (B) any income derived from such transaction in excess of the amount described in subparagraph (A) which is required to be included in gross income for such taxable year (determined without regard to this subsection). (3) Qualifying electric transmission transaction \nFor purposes of this subsection, the term qualifying electric transmission transaction means any sale or other disposition before January 1, 2007, of— (A) property used in the trade or business of providing electric transmission services, or (B) any stock or partnership interest in a corporation or partnership, as the case may be, whose principal trade or business consists of providing electric transmission services, but only if such sale or disposition is to an independent transmission company. (4) Independent transmission company \nFor purposes of this subsection, the term independent transmission company means— (A) an independent transmission provider approved by the Federal Energy Regulatory Commission, (B) a person— (i) who the Federal Energy Regulatory Commission determines in its authorization of the transaction under section 203 of the Federal Power Act ( 16 U.S.C. 824b ) or by declaratory order is not a market participant within the meaning of such Commission’s rules applicable to independent transmission providers, and (ii) whose transmission facilities to which the election under this subsection applies are under the operational control of a Federal Energy Regulatory Commission-approved independent transmission provider before the close of the period specified in such authorization, but not later than the close of the period applicable under subsection (a)(2)(B) as extended under paragraph (2), or (C) in the case of facilities subject to the jurisdiction of the Public Utility Commission of Texas— (i) a person which is approved by that Commission as consistent with Texas State law regarding an independent transmission provider, or (ii) a political subdivision or affiliate thereof whose transmission facilities are under the operational control of a person described in clause (i). (5) Exempt utility property \nFor purposes of this subsection— (A) In general \nThe term exempt utility property means property used in the trade or business of— (i) generating, transmitting, distributing, or selling electricity, or (ii) producing, transmitting, distributing, or selling natural gas. (B) Nonrecognition of gain by reason of acquisition of stock \nAcquisition of control of a corporation shall be taken into account under this subsection with respect to a qualifying electric transmission transaction only if the principal trade or business of such corporation is a trade or business referred to in subparagraph (A). (6) Special rule for consolidated groups \nIn the case of a corporation which is a member of an affiliated group filing a consolidated return, any exempt utility property purchased by another member of such group shall be treated as purchased by such corporation for purposes of applying paragraph (1)(A). (7) Time for assessment of deficiencies \nIf the taxpayer has made the election under paragraph (1) and any gain is recognized by such taxpayer as provided in paragraph (1)(B), then— (A) the statutory period for the assessment of any deficiency, for any taxable year in which any part of the gain on the transaction is realized, attributable to such gain shall not expire prior to the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of the purchase of exempt utility property or of an intention not to purchase such property, and (B) such deficiency may be assessed before the expiration of such 3-year period notwithstanding any law or rule of law which would otherwise prevent such assessment. (8) Purchase \nFor purposes of this subsection, the taxpayer shall be considered to have purchased any property if the unadjusted basis of such property is its cost within the meaning of section 1012. (9) Election \nAn election under paragraph (1) shall be made at such time and in such manner as the Secretary may require and, once made, shall be irrevocable. (10) Nonapplication of installment sales treatment \nSection 453 shall not apply to any qualifying electric transmission transaction with respect to which an election to apply this subsection is made.. (b) Effective date \nThe amendments made by this section shall apply to transactions occurring after the date of the enactment of this Act, in taxable years ending after such date.", "id": "HC1F83517CAB14E18917B8E622BB0CDC0", "header": "Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy" }, { "text": "1328. Modifications to special rules for nuclear decommissioning costs \n(a) Repeal of limitation on deposits into Fund based on cost of service; contributions after funding period \nSubsection (b) of section 468A (relating to special rules for nuclear decommissioning costs) is amended to read as follows: (b) Limitation on amounts paid into Fund \n(1) In general \nThe amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year. (2) Contributions after funding period \nNotwithstanding any other provision of this section, a taxpayer may pay into the Fund in any taxable year after the last taxable year to which the ruling amount applies. Payments may not be made under the preceding sentence to the extent such payments would cause the assets of the Fund to exceed the nuclear decommissioning costs allocable to the taxpayer’s current or former interest in the nuclear power plant to which the Fund relates. The limitation under the preceding sentence shall be determined by taking into account a reasonable rate of inflation for the nuclear decommissioning costs and a reasonable after-tax rate of return on the assets of the Fund until such assets are anticipated to be expended.. (b) Clarification of treatment of Fund transfers \nSection 468A(e) (relating to Nuclear Decommissioning Reserve Fund) is amended by adding at the end the following new paragraph: (8) Treatment of Fund transfers \n(A) In general \nIf, in connection with the transfer of the taxpayer’s interest in a nuclear power plant, the taxpayer transfers the Fund with respect to such power plant to the transferee of such interest and the transferee elects to continue the application of this section to such Fund— (i) the transfer of such Fund shall not cause such Fund to be disqualified from the application of this section, and (ii) no amount shall be treated as distributed from such Fund, or be includable in gross income, by reason of such transfer. (B) Special rules if transferor is tax-exempt entity \n(i) In general \nIf— (I) a person exempt from taxation under this title transfers an interest in a nuclear power plant, (II) such person has set aside amounts for nuclear decommissioning which are transferred to the transferee of the interest, and (III) the transferee elects the application of this subparagraph no later than the due date (including extensions) of its return of tax for the taxable year in which the transfer occurs, the amounts so set aside shall be treated as if contributed by such person to a Fund immediately before the transfer and then transferred in the Fund to the transferee. (ii) Limitation \nThe amount treated as transferred to a Fund under clause (i) shall not exceed the amount which bears the same ratio to the present value of the nuclear decommissioning costs of the transferor with respect to the nuclear power plant as the number of years the nuclear power plant has been in service bears to the estimated useful life of such power plant. (iii) Basis \nThe transferee’s basis in any asset treated as transferred in the Fund shall be the same as the adjusted basis of such asset in the hands of the transferor. (iv) Ruling amount required \nThis subparagraph shall not apply to any transfer unless the transferee requests from the Secretary a schedule of ruling amounts. (v) Election disregarded \nAn election under this subparagraph shall be disregarded in determining the Federal income tax of the transferor.. (c) Treatment of certain decommissioning costs \n(1) In general \nSection 468A is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: (f) Transfers into qualified funds \n(1) In general \nNotwithstanding subsection (b), any taxpayer maintaining a Fund to which this section applies with respect to a nuclear power plant may transfer into such Fund not more than an amount equal to the present value of the 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 the Energy Tax Policy Act of 2004. (2) Deduction for amounts transferred \n(A) In general \nExcept 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 \nNo 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 \nIf— (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 \n(i) Gain or loss not recognized \nNo gain or loss shall be recognized on any transfer permitted by this subsection. (ii) Transfers of appreciated property \nIf appreciated property is transferred in a transfer permitted by this subsection, the amount of the deduction shall not exceed the adjusted basis of such property. (3) New ruling amount required \nParagraph (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 \nNotwithstanding 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 \nSubparagraph (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. (d) Technical amendments \nSection 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 subparagraphs (B) and (C), respectively. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HF5DC9B511D264EEAA1444E9C6EC0A044", "header": "Modifications to special rules for nuclear decommissioning costs" }, { "text": "1329. Treatment of certain income of cooperatives \n(a) Income from open access and nuclear decommissioning transactions \n(1) In general \nSubparagraph (C) of section 501(c)(12) is amended by striking or at the end of clause (i), by striking clause (ii), and by adding at the end the following new clauses: (ii) from any provision or sale of electric energy transmission services or ancillary services if such services are provided on a nondiscriminatory open access basis under an open access transmission tariff approved or accepted by FERC or under an independent transmission provider agreement approved or accepted by FERC (other than income received or accrued directly or indirectly from a member), (iii) from the provision or sale of electric energy distribution services or ancillary services if such services are provided on a nondiscriminatory open access basis to distribute electric energy not owned by the mutual or electric cooperative company— (I) to end-users who are served by distribution facilities not owned by such company or any of its members (other than income received or accrued directly or indirectly from a member), or (II) generated by a generation facility not owned or leased by such company or any of its members and which is directly connected to distribution facilities owned by such company or any of its members (other than income received or accrued directly or indirectly from a member), (iv) from any nuclear decommissioning transaction, or (v) from any asset exchange or conversion transaction.. (2) Definitions and special rules \nParagraph (12) of section 501(c) is amended by adding at the end the following new subparagraphs: (E) For purposes of subparagraph (C)(ii), the term FERC means the Federal Energy Regulatory Commission and references to such term shall be treated as including the Public Utility Commission of Texas with respect to any ERCOT utility (as defined in section 212(k)(2)(B) of the Federal Power Act ( 16 U.S.C. 824k(k)(2)(B) )). (F) For purposes of subparagraph (C)(iii), the term nuclear decommissioning transaction means— (i) any transfer into a trust, fund, or instrument established to pay any nuclear decommissioning costs if the transfer is in connection with the transfer of the mutual or cooperative electric company’s interest in a nuclear power plant or nuclear power plant unit, (ii) any distribution from any trust, fund, or instrument established to pay any nuclear decommissioning costs, or (iii) any earnings from any trust, fund, or instrument established to pay any nuclear decommissioning costs. (G) For purposes of subparagraph (C)(iv), the term asset exchange or conversion transaction means any voluntary exchange or involuntary conversion of any property related to generating, transmitting, distributing, or selling electric energy by a mutual or cooperative electric company, the gain from which qualifies for deferred recognition under section 1031 or 1033, but only if the replacement property acquired by such company pursuant to such section constitutes property which is used, or to be used, for— (i) generating, transmitting, distributing, or selling electric energy, or (ii) producing, transmitting, distributing, or selling natural gas.. (b) Treatment of income from load loss transactions, etc \nParagraph (12) of section 501(c), as amended by subsection (a)(2), is amended by adding after subparagraph (G) the following new subparagraph: (H) (i) In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2)(C), income received or accrued from a load loss transaction shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses. (ii) For purposes of clause (i), the term load loss transaction means any wholesale or retail sale of electric energy (other than to members) to the extent that the aggregate sales during the recovery period do not exceed the load loss mitigation sales limit for such period. (iii) For purposes of clause (ii), the load loss mitigation sales limit for the recovery period is the sum of the annual load losses for each year of such period. (iv) For purposes of clause (iii), a mutual or cooperative electric company’s annual load loss for each year of the recovery period is the amount (if any) by which— (I) the megawatt hours of electric energy sold during such year to members of such electric company are less than (II) the megawatt hours of electric energy sold during the base year to such members. (v) For purposes of clause (iv)(II), the term base year means— (I) the calendar year preceding the start-up year, or (II) at the election of the mutual or cooperative electric company, the second or third calendar years preceding the start-up year. (vi) For purposes of this subparagraph, the recovery period is the 7-year period beginning with the start-up year. (vii) For purposes of this subparagraph, the start-up year is the first year that the mutual or cooperative electric company offers nondiscriminatory open access or the calendar year which includes the date of the enactment of this subparagraph, if later, at the election of such company. (viii) A company shall not fail to be treated as a mutual or cooperative electric company for purposes of this paragraph or as a corporation operating on a cooperative basis for purposes of section 1381(a)(2)(C) by reason of the treatment under clause (i). (ix) For purposes of subparagraph (A), in the case of a mutual or cooperative electric company, income received, or accrued, indirectly from a member shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses.. (c) Exception from unrelated business taxable income \nSubsection (b) of section 512 (relating to modifications) is amended by adding at the end the following new paragraph: (18) Treatment of mutual or cooperative electric companies \nIn the case of a mutual or cooperative electric company described in section 501(c)(12), there shall be excluded income which is treated as member income under subparagraph (H) thereof.. (d) Cross reference \nSection 1381 is amended by adding at the end the following new subsection: (c) Cross reference \nFor treatment of income from load loss transactions of organizations described in subsection (a)(2)(C), see section 501(c)(12)(H).. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HBB7FDFBCEE274A6681CD5BA2C802FF25", "header": "Treatment of certain income of cooperatives" }, { "text": "1330. Arbitrage rules not to apply to prepayments for natural gas \n(a) In general \nSubsection (b) of section 148 (relating to higher yielding investments) is amended by adding at the end the following new paragraph: (4) Safe harbor for prepaid natural gas \n(A) In general \nThe term investment-type property does not include a prepayment under a qualified natural gas supply contract. (B) Qualified natural gas supply contract \nFor purposes of this paragraph, the term qualified natural gas supply contract means any contract to acquire natural gas for resale by a utility owned by a governmental unit if the amount of gas permitted to be acquired under the contract by the utility during any year does not exceed the sum of— (i) the annual average amount during the testing period of natural gas purchased (other than for resale) by customers of such utility who are located within the service area of such utility, and (ii) the amount of natural gas to be used to transport the prepaid natural gas to the utility during such year. (C) Natural gas used to generate electricity \nNatural gas used to generate electricity shall be taken into account in determining the average under subparagraph (B)(i)— (i) only if the electricity is generated by a utility owned by a governmental unit, and (ii) only to the extent that the electricity is sold (other than for resale) to customers of such utility who are located within the service area of such utility. (D) Adjustments for changes in customer base \n(i) New business customers \nIf— (I) after the close of the testing period and before the date of issuance of the issue, the utility owned by a governmental unit enters into a contract to supply natural gas (other than for resale) for a business use at a property within the service area of such utility, and (II) the utility did not supply natural gas to such property during the testing period or the ratable amount of natural gas to be supplied under the contract is significantly greater than the ratable amount of gas supplied to such property during the testing period, then a contract shall not fail to be treated as a qualified natural gas supply contract by reason of supplying the additional natural gas under the contract referred to in subclause (I). (ii) Lost customers \nThe average under subparagraph (B)(i) shall not exceed the annual amount of natural gas reasonably expected to be purchased (other than for resale) by persons who are located within the service area of such utility and who, as of the date of issuance of the issue, are customers of such utility. (E) Ruling requests \nThe Secretary may increase the average under subparagraph (B)(i) for any period if the utility owned by the governmental unit establishes to the satisfaction of the Secretary that, based on objective evidence of growth in natural gas consumption or population, such average would otherwise be insufficient for such period. (F) Adjustment for natural gas otherwise on hand \n(i) In general \nThe amount otherwise permitted to be acquired under the contract for any period shall be reduced by— (I) the applicable share of natural gas held by the utility on the date of issuance of the issue, and (II) the natural gas (not taken into account under subclause (I)) which the utility has a right to acquire during such period (determined as of the date of issuance of the issue). (ii) Applicable share \nFor purposes of the clause (i), the term applicable share means, with respect to any period, the natural gas allocable to such period if the gas were allocated ratably over the period to which the prepayment relates. (G) Intentional acts \nSubparagraph (A) shall cease to apply to any issue if the utility owned by the governmental unit engages in any intentional act to render the volume of natural gas acquired by such prepayment to be in excess of the sum of— (i) the amount of natural gas needed (other than for resale) by customers of such utility who are located within the service area of such utility, and (ii) the amount of natural gas used to transport such natural gas to the utility. (H) Testing period \nFor purposes of this paragraph, the term testing period means, with respect to an issue, the most recent 5 calendar years ending before the date of issuance of the issue. (I) Service area \nFor purposes of this paragraph, the service area of a utility owned by a governmental unit shall be comprised of— (i) any area throughout which such utility provided at all times during the testing period— (I) in the case of a natural gas utility, natural gas transmission or distribution services, and (II) in the case of an electric utility, electricity distribution services, (ii) any area within a county contiguous to the area described in clause (i) in which retail customers of such utility are located if such area is not also served by another utility providing natural gas or electricity services, as the case may be, and (iii) any area recognized as the service area of such utility under State or Federal law.. (b) Private loan financing test not to apply to prepayments for natural gas \nParagraph (2) of section 141(c) (providing exceptions to the private loan financing test) is amended by striking or at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , or , and by adding at the end the following new subparagraph: (C) is a qualified natural gas supply contract (as defined in section 148(b)(4)).. (c) Exception for qualified electric and natural gas supply contracts \nSection 141(d) is amended by adding at the end the following new paragraph: (7) Exception for qualified electric and natural gas supply contracts \nThe term nongovernmental output property shall not include any contract for the prepayment of electricity or natural gas which is not investment property under section 148(b)(2).. (d) Effective date \nThe amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.", "id": "H7AC0E27050904CB5898E84CD75E8D118", "header": "Arbitrage rules not to apply to prepayments for natural gas" }, { "text": "1341. Oil and gas from marginal wells \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 (relating to business credits), as amended by this Act, is amended by adding at the end the following: 45J. Credit for producing oil and gas from marginal wells \n(a) General rule \nFor purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of— (1) the credit amount, and (2) the qualified credit oil production and the qualified natural gas production which is attributable to the taxpayer. (b) Credit amount \nFor purposes of this section— (1) In general \nThe credit amount is— (A) $3 per barrel of qualified crude oil production, and (B) 50 cents per 1,000 cubic feet of qualified natural gas production. (2) Reduction as oil and gas prices increase \n(A) In general \nThe $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as— (i) the excess (if any) of the applicable reference price over $15 ($1.67 for qualified natural gas production), bears to (ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price of the calendar year preceding the calendar year in which the taxable year begins. (B) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2003, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting 2002 for 1990 ). (C) Reference price \nFor purposes of this paragraph, the term reference price means, with respect to any calendar year— (i) in the case of qualified crude oil production, the reference price determined under section 45K(d)(2)(C), and (ii) in the case of qualified natural gas production, the Secretary’s estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. (c) Qualified crude oil and natural gas production \nFor purposes of this section— (1) In general \nThe terms qualified crude oil production and qualified natural gas production mean domestic crude oil or natural gas which is produced from a qualified marginal well. (2) Limitation on amount of production which may qualify \n(A) In general \nCrude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel-of-oil equivalents (as defined in section 45K(d)(5)). (B) Proportionate reductions \n(i) Short taxable years \nIn the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. (ii) Wells not in production entire year \nIn the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. (3) Definitions \n(A) Qualified marginal well \nThe term qualified marginal well means a domestic well— (i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or (ii) which, during the taxable year— (I) has average daily production of not more than 25 barrel-of-oil equivalents (as so defined), and (II) produces water at a rate not less than 95 percent of total well effluent. (B) Crude oil, etc \nThe terms crude oil , natural gas , domestic , and barrel have the meanings given such terms by section 613A(e). (d) Other rules \n(1) Production attributable to the taxpayer \nIn the case of a qualified marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer’s revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. (2) Operating interest required \nAny credit under this section may be claimed only on production which is attributable to the holder of an operating interest. (3) Production from nonconventional sources excluded \nIn the case of production from a qualified marginal well which is eligible for the credit allowed under section 45K for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 45K with respect to the well.. (b) Credit treated as business credit \nSection 38(b), as amended by this Act, is amended by striking plus at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting , plus , and by adding at the end the following: (20) the marginal oil and gas well production credit determined under section 45J(a).. (c) Carryback \nSubsection (a) of section 39 (relating to carryback and carryforward of unused credits generally) is amended by adding at the end the following: (3) 5-year carryback for marginal oil and gas well production credit \nNotwithstanding subsection (d), in the case of the marginal oil and gas well production credit— (A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), (B) paragraph (1) shall be applied by substituting 5 taxable years for 1 taxable years in subparagraph (A) thereof, and (C) paragraph (2) shall be applied— (i) by substituting 25 taxable years for 21 taxable years in subparagraph (A) thereof, and (ii) by substituting 24 taxable years for 20 taxable years in subparagraph (B) thereof.. (d) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is amended by adding at the end the following: Sec. 45J. Credit for producing oil and gas from marginal wells. (e) Effective date \nThe amendments made by this section shall apply to production in taxable years beginning after December 31, 2003.", "id": "H6B5ADFB2BED24BC897DF957FD79F8DBA", "header": "Oil and gas from marginal wells" }, { "text": "45J. Credit for producing oil and gas from marginal wells \n(a) General rule \nFor purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of— (1) the credit amount, and (2) the qualified credit oil production and the qualified natural gas production which is attributable to the taxpayer. (b) Credit amount \nFor purposes of this section— (1) In general \nThe credit amount is— (A) $3 per barrel of qualified crude oil production, and (B) 50 cents per 1,000 cubic feet of qualified natural gas production. (2) Reduction as oil and gas prices increase \n(A) In general \nThe $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as— (i) the excess (if any) of the applicable reference price over $15 ($1.67 for qualified natural gas production), bears to (ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price of the calendar year preceding the calendar year in which the taxable year begins. (B) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2003, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting 2002 for 1990 ). (C) Reference price \nFor purposes of this paragraph, the term reference price means, with respect to any calendar year— (i) in the case of qualified crude oil production, the reference price determined under section 45K(d)(2)(C), and (ii) in the case of qualified natural gas production, the Secretary’s estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. (c) Qualified crude oil and natural gas production \nFor purposes of this section— (1) In general \nThe terms qualified crude oil production and qualified natural gas production mean domestic crude oil or natural gas which is produced from a qualified marginal well. (2) Limitation on amount of production which may qualify \n(A) In general \nCrude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel-of-oil equivalents (as defined in section 45K(d)(5)). (B) Proportionate reductions \n(i) Short taxable years \nIn the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. (ii) Wells not in production entire year \nIn the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. (3) Definitions \n(A) Qualified marginal well \nThe term qualified marginal well means a domestic well— (i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or (ii) which, during the taxable year— (I) has average daily production of not more than 25 barrel-of-oil equivalents (as so defined), and (II) produces water at a rate not less than 95 percent of total well effluent. (B) Crude oil, etc \nThe terms crude oil , natural gas , domestic , and barrel have the meanings given such terms by section 613A(e). (d) Other rules \n(1) Production attributable to the taxpayer \nIn the case of a qualified marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer’s revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. (2) Operating interest required \nAny credit under this section may be claimed only on production which is attributable to the holder of an operating interest. (3) Production from nonconventional sources excluded \nIn the case of production from a qualified marginal well which is eligible for the credit allowed under section 45K for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 45K with respect to the well.", "id": "H356C35AB7EC442CAB0553CBD50E60048", "header": "Credit for producing oil and gas from marginal wells" }, { "text": "1342. Temporary suspension of limitation based on 65 percent of taxable income and extension of suspension of taxable income limit with respect to marginal production \n(a) Limitation based on 65 percent of taxable income \nSubsection (d) of section 613A (relating to limitation on percentage depletion in case of oil and gas wells) is amended by adding at the end the following new paragraph: (6) Temporary suspension of taxable income limit \nParagraph (1) shall not apply to taxable years beginning after December 31, 2003, and before January 1, 2005, including with respect to amounts carried under the second sentence of paragraph (1) to such taxable years.. (b) Extension of suspension of taxable income limit with respect to marginal production \nSubparagraph (H) of section 613A(c)(6) (relating to temporary suspension of taxable income limit with respect to marginal production) is amended by striking 2004 and inserting 2005. (c) Effective date \nThe amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003.", "id": "HD2E4867F5F894C8CB26F07D97275BD6F", "header": "Temporary suspension of limitation based on 65 percent of taxable income and extension of suspension of taxable income limit with respect to marginal production" }, { "text": "1343. Amortization of delay rental payments \n(a) In general \nSection 167 (relating to depreciation) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Amortization of delay rental payments for domestic oil and gas wells \n(1) In general \nAny delay rental payment paid or incurred in connection with the development of oil or gas wells within the United States (as defined in section 638) shall be allowed as a deduction ratably over the 24-month period beginning on the date that such payment was paid or incurred. (2) Half-year convention \nFor purposes of paragraph (1), any payment paid or incurred during the taxable year shall be treated as paid or incurred on the mid-point of such taxable year. (3) Exclusive method \nExcept as provided in this subsection, no depreciation or amortization deduction shall be allowed with respect to such payments. (4) Treatment upon abandonment \nIf any property to which a delay rental payment relates is retired or abandoned during the 24-month period described in paragraph (1), no deduction shall be allowed on account of such retirement or abandonment and the amortization deduction under this subsection shall continue with respect to such payment. (5) Delay rental payments \nFor purposes of this subsection, the term delay rental payment means an amount paid for the privilege of deferring development of an oil or gas well under an oil or gas lease.. (b) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.", "id": "H3B7A4B646D7B4316BE385F4DBC00D672", "header": "Amortization of delay rental payments" }, { "text": "1344. Amortization of geological and geophysical expenditures \n(a) In general \nSection 167 (relating to depreciation), as amended by this Act, is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Amortization of geological and geophysical expenditures \n(1) In general \nAny geological and geophysical expenses paid or incurred in connection with the exploration for, or development of, oil or gas within the United States (as defined in section 638) shall be allowed as a deduction ratably over the 24-month period beginning on the date that such expense was paid or incurred. (2) Special rules \nFor purposes of this subsection, rules similar to the rules of paragraphs (2), (3), and (4) of subsection (h) shall apply.. (b) Conforming amendment \nSection 263A(c)(3) is amended by inserting 167(h), 167(i), after under section. (c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.", "id": "HB39DB7D7DB344E4681DB9D97A890D42B", "header": "Amortization of geological and geophysical expenditures" }, { "text": "1345. Extension and modification of credit for producing fuel from a nonconventional source \n(a) In general \nSection 29 (relating to credit for producing fuel from a nonconventional source) is amended by adding at the end the following new subsection: (h) Extension for other facilities \nNotwithstanding subsection (f)— (1) New oil and gas wells and facilities \nIn the case of a well or facility for producing qualified fuels described in subparagraph (A) or (B) of subsection (c)(1) which was drilled or placed in service after the date of the enactment of this subsection and before January 1, 2007, this section shall apply with respect to such fuels produced at such well or facility and sold during the period— (A) beginning on the later of January 1, 2004, or the date that such well is drilled or such facility is placed in service, and (B) ending on the earlier of the date which is 4 years after the date such period began or December 31, 2009. (2) Old oil and gas wells and facilities \nIn the case of a well or facility producing qualified fuels described in subparagraph (A) or (B)(i) of subsection (c)(1) or a facility producing natural gas and byproducts by coal gasification from lignite, subsection (f)(2) shall be applied by substituting 2008 for 2003 with respect to wells and facilities described in subsection (f)(1) with respect to such fuels. (3) Extension for facilities producing qualified fuel from landfill gas \n(A) In general \nIn the case of a facility for producing qualified fuel from landfill gas which was placed in service after June 30, 1998, and before January 1, 2007, this section shall apply to fuel produced at such facility and sold during the period— (i) beginning on the later of January 1, 2004, or the date that such facility is placed in service, and (ii) ending on the earlier of the date which is 4 years after the date such period began or December 31, 2009. (B) Reduction of credit for certain landfill facilities \nIn the case of a facility to which subparagraph (A) applies and which is located at a landfill which is required pursuant to section 60.751(b)(2) or section 60.33c of title 40, Code of Federal Regulations (as in effect on April 3, 2003) to install and operate a collection and control system which captures gas generated within the landfill, subsection (a)(1) shall be applied to gas so captured by substituting $2 for $3 for the taxable year during which such system is required to be installed and operated. (4) Facilities producing fuels from agricultural and animal waste \n(A) In general \nIn the case of any facility for producing liquid, gaseous, or solid fuels from qualified agricultural and animal wastes, including such fuels when used as feedstocks, which is placed in service after the date of the enactment of this subsection and before January 1, 2007, this section shall apply with respect to fuel produced at such facility and sold during the period— (i) beginning on the later of January 1, 2004, or the date that such facility is placed in service, and (ii) ending on the earlier of the date which is 4 years after the date such period began or December 31, 2009. (B) Qualified agricultural and animal waste \nFor purposes of this paragraph, the term qualified agricultural and animal waste means agriculture and animal waste, including by-products, packaging, and any materials associated with the processing, feeding, selling, transporting, or disposal of agricultural or animal products or wastes. (5) Facilities producing refined coal \n(A) In general \nIn the case of a facility described in subparagraph (C) for producing refined coal which is placed in service after the date of the enactment of this subsection and before January 1, 2008, this section shall apply with respect to fuel produced at such facility and sold before the close of the 5-year period beginning on the date such facility is placed in service. (B) Refined coal \nFor purposes of this paragraph, the term refined coal means a fuel which is a liquid, gaseous, or solid synthetic fuel produced from coal (including lignite) or high carbon fly ash, including such fuel used as a feedstock. (C) Covered facilities \n(i) In general \nA facility is described in this subparagraph if such facility produces refined coal using a technology which the taxpayer certifies (in such manner as the Secretary may prescribe) results in— (I) a qualified emission reduction, and (II) a qualified enhanced value. (ii) Qualified emission reduction \nFor purposes of this subparagraph, the term qualified emission reduction means a reduction of at least 20 percent of the emissions of nitrogen oxide and either sulfur dioxide or mercury released when burning the refined coal (excluding any dilution caused by materials combined or added during the production process), as compared to the emissions released when burning the feedstock coal or comparable coal predominantly available in the marketplace as of January 1, 2003. (iii) Qualified enhanced value \nFor purposes of this subparagraph, the term qualified enhanced value means an increase of at least 50 percent in the market value of the refined coal (excluding any increase caused by materials combined or added during the production process), as compared to the value of the feedstock coal. (iv) Advanced clean coal technology units excluded \nA facility described in this subparagraph shall not include any advanced clean coal technology unit (as defined in section 48A(e)). (6) Coalmine gas \n(A) In general \nThis section shall apply to coalmine gas— (i) captured or extracted by the taxpayer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2006, and (ii) utilized as a fuel source or sold by or on behalf of the taxpayer to an unrelated person during such period. (B) Coalmine gas \nFor purposes of this paragraph, the term coalmine gas means any methane gas which is— (i) liberated during or as a result of coal mining operations, or (ii) extracted up to 10 years in advance of coal mining operations as part of a specific plan to mine a coal deposit. (C) Special rule for advanced extraction \nIn the case of coalmine gas which is captured in advance of coal mining operations, the credit under subsection (a) shall be allowed only after the date the coal extraction occurs in the immediate area where the coalmine gas was removed. (D) Noncompliance with pollution laws \nThis paragraph shall not apply to the capture or extraction of coalmine gas from coal mining operations with respect to any period in which such coal mining operations are not in compliance with applicable Federal pollution prevention, control, and permit requirements. (7) Coke and coke gas \nIn the case of a facility for producing coke or coke gas which was placed in service before January 1, 1993, or after June 30, 1998, and before January 1, 2007, this section shall apply with respect to coke and coke gas produced in such facility and sold during the during the period— (A) beginning on the later of January 1, 2004, or the date that such facility is placed in service, and (B) ending on the earlier of the date which is 4 years after the date such period began or December 31, 2009. (8) Special rules \nIn determining the amount of credit allowable under this section solely by reason of this subsection— (A) Fuels treated as qualified fuels \nAny fuel described in paragraph (3), (4), (5), or (6) shall be treated as a qualified fuel for purposes of this section. (B) Daily limit \nThe amount of qualified fuels sold during any taxable year which may be taken into account by reason of this subsection with respect to any property or facility shall not exceed an average barrel-of-oil equivalent of 200,000 cubic feet of natural gas per day. Days before the date the property or facility is placed in service shall not be taken into account in determining such average. (C) Extension period to commence with unadjusted credit amount and new phaseout adjustment \nFor purposes of applying subsection (b)(2), in the case of fuels sold after 2003— (i) paragraphs (1)(A) and (2) of subsection (b) shall be applied by substituting $35.00 for $23.50 , and (ii) subparagraph (B) of subsection (d)(2) shall be applied by substituting 2002 for 1979. (D) Denial of double benefit \nThis subsection shall not apply to any facility producing qualified fuels for which a credit was allowed under this section for the taxable year or any preceding taxable year by reason of subsection (g).. (b) Treatment as business credit \n(1) Credit moved to subpart relating to business related credits \nThe Internal Revenue Code of 1986 is amended by redesignating section 29, as amended by this Act, as section 45K and by moving section 45K (as so redesignated) from subpart B of part IV of subchapter A of chapter 1 to the end of subpart D of part IV of subchapter A of chapter 1. (2) Credit treated as business credit \nSection 38(b) is amended by striking plus at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting , plus , and by adding at the end the following: (21) the nonconventional source production credit determined under section 45K(a).. (3) Conforming amendments \n(A) Section 30(b)(2)(A), as redesignated by section 1317(a), is amended by striking sections 27 and 29 and inserting section 27. (B) Sections 43(b)(2) and 613A(c)(6)(C) are each amended by striking section 29(d)(2)(C) and inserting section 45K(d)(2)(C). (C) Section 45K(a), as redesignated by paragraph (1), is amended by striking At the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year and inserting For purposes of section 38, if the taxpayer elects to have this section apply, the nonconventional source production credit determined under this section for the taxable year is. (D) Section 45K(b), as so redesignated, is amended by striking paragraph (6). (E) Section 53(d)(1)(B)(iii) is amended by striking under section 29 and all that follows through or not allowed. (F) Section 55(c)(2) is amended by striking 29(b)(6),. (G) Subsection (a) of section 772 is amended by inserting and at the end of paragraph (9), by striking paragraph (10), and by redesignating paragraph (11) as paragraph (10). (H) Paragraph (5) of section 772(d) is amended by striking the foreign tax credit, and the credit allowable under section 29 and inserting and the foreign tax credit. (I) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 29. (J) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 45J the following new item: Sec. 45K. Credit for producing fuel from a nonconventional source. (c) Determinations under Natural Gas Policy Act of 1978 \nSubparagraph (A) of section 45K(c)(2), as redesignated by subsection (b)(1), is amended— (1) by inserting by the Secretary, after consultation with the Federal Energy Regulatory Commission, after shall be made , and (2) by inserting (as in effect before the repeal of such section) after 1978. (d) Effective dates \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall apply to fuel produced and sold after December 31, 2003, in taxable years ending after such date. (2) Determinations under Natural Gas Policy Act of 1978 \nThe amendments made by subsection (c) shall apply as if included in the provisions repealing section 503 of the Natural Gas Policy Act of 1978.", "id": "HAAD4F2424C8F4559A72B8798257B4CF4", "header": "Extension and modification of credit for producing fuel from a nonconventional source" }, { "text": "1346. New nonrefundable personal credits allowed against regular and minimum taxes \n(a) In general \n(1) Section 25C \nSection 25C(b), as added by section 1301 of this Act, is amended by adding at the end the following new paragraph: (3) Limitation based on amount of tax \nThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section and section 25D) and section 27 for the taxable year.. (2) Section 25D \nSection 25D(b), as added by section 1304 of this Act, is amended by adding at the end the following new paragraph: (3) Limitation based on amount of tax \nThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year.. (b) Conforming amendments \n(1) Section 23(b)(4)(B) is amended by inserting and sections 25C and 25D after this section. (2) Section 24(b)(3)(B) is amended by striking and 25B and inserting , 25B, 25C, and 25D. (3) Section 25(e)(1)(C) is amended by inserting 25C, and 25D after 25B,. (4) Section 25B(g)(2) is amended by striking section 23 and inserting sections 23, 25C, and 25D. (5) Section 26(a)(1) is amended by striking and 25B and inserting 25B, 25C, and 25D. (6) Section 904(h) is amended by striking and 25B and inserting 25B, 25C, and 25D. (7) Section 1400C(d) is amended by striking and 25B and inserting 25B, 25C, and 25D. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HBABE099E77904DE296622100193E8CF2", "header": "New nonrefundable personal credits allowed against regular and minimum taxes" }, { "text": "1347. Business related energy credits allowed against regular and minimum tax \n(a) In general \nSubsection (c) of section 38 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Special rules for specified energy credits \n(A) In general \nIn the case of specified energy credits— (i) this section and section 39 shall be applied separately with respect to such credits, and (ii) in applying paragraph (1) to such credits— (I) the tentative minimum tax shall be treated as being zero, and (II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the specified energy credits). (B) Specified energy credits \nFor purposes of this subsection, the term specified energy credits means the credits determined under sections 45G, 45H, 45I, and 45J. For taxable years beginning after December 31, 2003, such term includes the credit determined under section 40. For taxable years beginning after December 31, 2003, and before January 1, 2006, such term includes the credit determined under section 43. (C) Special rule for electricity produced from qualified facilities \nFor purposes of this subsection, the term specified energy credits shall include the credit determined under section 45 to the extent that such credit is attributable to electricity produced— (i) at a facility which is originally placed in service after the date of the enactment of this paragraph, and (ii) during the 4-year period beginning on the date that such facility was originally placed in service.. (b) Conforming amendments \n(1) Paragraph (2)(A)(ii)(II) of section 38(c) is amended by striking or and inserting a comma and by inserting , and the specified energy credits after employee credit. (2) Paragraph (3)(A)(ii)(II) of section 38(c) is amended by inserting and the specified energy credits after employee credit. (c) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "HB706054038D34E2ABF407E2492A806D8", "header": "Business related energy credits allowed against regular and minimum tax" }, { "text": "1348. Temporary repeal of alternative minimum tax preference for intangible drilling costs \n(a) In general \nClause (ii) of section 57(a)(2)(E) is amended by adding at the end the following new sentence: The preceding sentence shall not apply to taxable years beginning after December 31, 2003, and before January 1, 2006.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H491F113690404F5C8D03B7005007B700", "header": "Temporary repeal of alternative minimum tax preference for intangible drilling costs" }, { "text": "1351. Credit for clean coal technology units \n(a) In general \nSubpart E of part IV of subchapter A of chapter 1 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: 48A. Clean coal technology credit \n(a) In general \nFor purposes of section 46, the clean coal technology credit for any taxable year is an amount equal to the applicable percentage of the basis of qualified clean coal property placed in service during such year. (b) Applicable percentage \nFor purposes of this section, the applicable percentage is— (1) 15 percent in the case of property placed in service in connection with any basic clean coal technology unit, and (2) 17.5 percent in the case of property placed in service in connection with any advanced clean coal technology unit. (c) Qualified clean coal property \nFor purposes of this section— (1) In general \nThe term qualified clean coal property means section 1245 property— (A) which is installed in connection with— (i) an existing coal-based unit as part of the conversion of such unit to any basic or advanced clean coal technology unit, or (ii) any new advanced clean coal technology unit, (B) which is placed in service after December 31, 2003, and before— (i) in the case of property to which subsection (b)(1) applies, January 1, 2014, and (ii) in the case of property to which subsection (b)(2) applies, January 1, 2017 (January 1, 2013, in the case of property installed in connection with an eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit), (C) the original use of which commences with the taxpayer, and (D) which has a useful life of not less than 4 years. (2) Existing coal-based unit \nThe term existing coal-based unit means a coal-based electricity generating steam generator-turbine unit— (A) which is not a basic or advanced clean coal technology unit, and (B) which is in operation on or before January 1, 2004. In the case of a unit being converted to a basic clean coal technology unit, such term shall not include a unit having a nameplate capacity rating of more than 300 megawatts. (3) New advanced clean coal technology unit \nThe term new advanced clean coal technology unit means any advanced clean coal technology unit which is placed in service after December 31, 2003, and the original use of which commences with the taxpayer. (d) Basic clean coal technology unit \nFor purposes of this section— (1) In general \nThe term basic clean coal technology unit means a unit which— (A) uses clean coal technology (including advanced pulverized coal or atmospheric fluidized bed combustion, pressurized fluidized bed combustion, and integrated gasification combined cycle) for the production of electricity, (B) uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity, (C) has a design net heat rate of at least 500 less than that of the existing coal-based unit prior to its conversion, (D) has a maximum design net heat rate of not more than 9,500, and (E) meets the pollution control requirements of paragraph (2). Such term shall not include an advanced clean coal technology unit. (2) Pollution control requirements \n(A) In general \nA unit meets the requirements of this paragraph if— (i) its emissions of sulfur dioxide, nitrogen oxide, or particulates meet the lower of the emission levels for each such emission specified in— (I) subparagraph (B), or (II) the new source performance standards of the Clean Air Act ( 42 U.S.C. 7411 ) which are in effect for the category of source at the time of the conversion of the unit, and (ii) its emissions do not exceed any relevant emission level specified by regulation pursuant to the hazardous air pollutant requirements of the Clean Air Act ( 42 U.S.C. 7412 ) in effect at the time of the conversion of the unit. (B) Specific levels \nThe levels specified in this subparagraph are— (i) in the case of sulfur dioxide emissions, 50 percent of the sulfur dioxide emission levels specified in the new source performance standards of the Clean Air Act ( 42 U.S.C. 7411 ) in effect on the date of the enactment of this section for the category of source, (ii) in the case of nitrogen oxide emissions— (I) 0.1 pound per million Btu of heat input if the unit is not a cyclone-fired boiler, and (II) if the unit is a cyclone-fired boiler, 15 percent of the uncontrolled nitrogen oxide emissions from such boilers, and (iii) in the case of particulate emissions, 0.02 pound per million Btu of heat input. (3) Design net heat rate \nThe design net heat rate with respect to any unit, measured in Btu per kilowatt hour (HHV)— (A) shall be based on the design annual heat input to and the design annual net electrical power, fuels, and chemicals output from such unit (determined without regard to such unit’s co-generation of steam), (B) shall be adjusted for the heat content of the design coal to be used by the unit if it is less than 12,000 Btu per pound according to the following formula: (C) shall be corrected for the site reference conditions of— (i) elevation above sea level of 500 feet, (ii) air pressure of 14.4 pounds per square inch absolute (psia), (iii) temperature, dry bulb of 63°F, (iv) temperature, wet bulb of 54°F, and (v) relative humidity of 55 percent, and (D) if carbon capture controls have been installed with respect to any existing coal-based unit and such controls remove at least 50 percent of the unit’s carbon dioxide emissions, shall be adjusted up to the design heat rate level which would have resulted without the installation of such controls. (4) HHV \nThe term HHV means higher heating value. (e) Advanced clean coal technology unit \nFor purposes of this section— (1) In general \nThe term advanced clean coal technology unit means any electricity generating unit of the taxpayer— (A) which is— (i) an eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit, (ii) an eligible pressurized fluidized bed combustion technology unit, (iii) an eligible integrated gasification combined cycle technology unit, or (iv) an eligible other technology unit, (B) which uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity, and (C) which meets the carbon emission rate requirements of paragraph (6). (2) Eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit \nThe term eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit means a clean coal technology unit using advanced pulverized coal or atmospheric fluidized bed combustion technology which has a design net heat rate of not more than 8,500 (8,900 in the case of units placed in service before 2009). (3) Eligible pressurized fluidized bed combustion technology unit \nThe term eligible pressurized fluidized bed combustion technology unit means a clean coal technology unit using pressurized fluidized bed combustion technology which has a design net heat rate of not more than 7,720 (8,900 in the case of units placed in service before 2009, and 8,500 in the case of units placed in service after 2008 and before 2013). (4) Eligible integrated gasification combined cycle technology unit \nThe term eligible integrated gasification combined cycle technology unit means a clean coal technology unit using integrated gasification combined cycle technology, with or without fuel or chemical co-production— (A) which has a design net heat rate of not more than 7,720 (8,900 in the case of units placed in service before 2009, and 8,500 in the case of units placed in service after 2008 and before 2013), and (B) has a net thermal efficiency (HHV) using coal with fuel or chemical co-production of not less than 44.2 percent (38.4 percent in the case of units placed in service before 2009, and 40.2 percent in the case of units placed in service after 2008 and before 2013). (5) Eligible other technology unit \nThe term eligible other technology unit means a clean coal technology unit— (A) which uses any other technology for the production of electricity, and (B) which has a design net heat rate which meets the requirement of paragraph (2). (6) Carbon emission rate requirements \n(A) In general \nExcept as provided in subparagraph (B), a unit meets the requirements of this paragraph if— (i) in the case of a unit using design coal with a heat content of not more than 9,000 Btu per pound, the carbon emission rate is less than 0.60 pound of carbon per kilowatt hour, and (ii) in the case of a unit using design coal with a heat content of more than 9,000 Btu per pound, the carbon emission rate is less than 0.54 pound of carbon per kilowatt hour. (B) Eligible other technology unit \nIn the case of an eligible other technology unit, subparagraph (A) shall be applied by substituting 0.51 and 0.459 for 0.60 and 0.54 , respectively. (f) National limitations on credit \nFor purposes of this section— (1) In general \nThe amount of credit which would (but for this subsection) be allowed with respect to any property shall not exceed the amount which bears the same ratio to such amount of credit as— (A) the national megawatt capacity limitation allocated to the taxpayer with respect to the basic or advanced clean coal technology unit to which such property relates, bears to (B) the total megawatt capacity of such unit. The capacity described in subparagraph (B) shall be the reasonably expected capacity after the installation of the property. (2) Amount of national limitation \n(A) Advanced units \nThe national megawatt capacity limitation for advanced clean coal technology units shall be 6,000 megawatts. Of such amount, the national megawatt capacity limitation is— (i) for advanced clean coal technology units using advanced pulverized coal or atmospheric fluidized bed combustion technology, not more than 1,500 megawatts (not more than 750 megawatts in the case of units placed in service before 2009), (ii) for such units using pressurized fluidized bed combustion technology, not more than 750 megawatts (not more than 375 megawatts in the case of units placed in service before 2009), (iii) for such units using integrated gasification combined cycle technology, with or without fuel or chemical co-production, not more than 3,000 megawatts (not more than 1,250 megawatts in the case of units placed in service before 2009), and (iv) for such units using other technology for the production of electricity, not more than 750 megawatts (not more than 375 megawatts in the case of units placed in service before 2009). (B) Basic units \nThe national megawatt capacity limitation for basic clean coal technology units shall be 4,000 megawatts. (3) Allocation of limitation \nThe Secretary shall allocate the national megawatt capacity limitations in such manner as the Secretary may prescribe, except that the Secretary may not allocate more than 300 megawatts to any basic clean coal technology unit. (4) Regulations \nNot later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitations— (A) to encourage that units with the highest thermal efficiencies, when adjusted for the heat content of the design coal and site reference conditions, and environmental performance, be placed in service as soon as possible, and (B) to allocate capacity to taxpayers which have a definite and credible plan for placing into commercial operation a basic or advanced clean coal technology unit, including— (i) a site, (ii) contractual commitments for procurement and construction or, in the case of regulated utilities, the agreement of the State utility commission, (iii) filings for all necessary preconstruction approvals, (iv) a demonstrated record of having successfully completed comparable projects on a timely basis, and (v) such other factors which the Secretary determines are appropriate. (g) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe terms basic clean coal technology unit and advanced clean coal technology unit shall not include any unit which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the period applicable under subsection (c)(1)(B). (4) Denial of credit for units receiving certain other Federal assistance \nThe terms basic clean coal technology unit and advanced clean coal technology unit shall not include any unit if, at any time during the period applicable under subsection (c)(1)(B), any funding is provided to such unit under the Clean Coal Technology Program, the Power Plant Improvement Initiative, or the Clean Coal Power Initiative administered by the Secretary of Energy. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 or 45K is allowable unless the taxpayer elects to waive the application of such credit to such property.. (b) Special recapture rules \n(1) Subsection (a) of section 50 is amended by redesignating paragraph (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (2) the following new paragraph: (3) Special rules for clean coal technology credits \n(A) Early disposition, etc \nIf, during any taxable year, qualified clean coal property is disposed of, or otherwise ceases to be part of a basic or advanced clean coal technology unit with respect to the taxpayer, before the close of the recovery period under section 168 for such unit, then the tax under this chapter for such taxable year shall be increased by— (i) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under section 48A with respect to such property, multiplied by (ii) a fraction— (I) the numerator of which is the number of years in the period beginning with the year of such disposition or cessation and ending with the last year of such recovery period, and (II) the denominator of which is the total number of years in such recovery period. (B) Property ceases to qualify for progress expenditures \nRules similar to the rules of this paragraph shall apply in cases where qualified progress expenditures were taken into account under the rules referred to in section 48A(g)(1). (C) Increased recapture in certain cases \nThe fraction in subparagraph (A)(ii) shall be 1 in any case in which the property ceases to be a basic or advanced clean coal technology unit by reason of paragraph (3), (4), or (5) of section 48A(g). (D) Coordination with other recapture rules \nParagraphs (1) and (2) shall not apply to qualified clean coal property. (E) Definitions \nTerms used in this section which are also used in section 48A shall have the meanings given to such terms in section 48A.. (2) Paragraph (4) of section 50(a), as redesignated by paragraph (1), is amended by striking or (2) and inserting , (2), or (3). (3) Paragraph (5) of section 50(a), as so redesignated, is amended by striking and (2) and inserting , (2), and (3). (4) Section 1371(d)(1) is amended by striking section 50(a)(4) and inserting section 50(a)(5). (c) Technical amendments \n(1) Section 46 (relating to amount of credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the clean coal technology credit.. (2) Section 49(a)(1)(C) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the portion of the basis of any qualified clean coal property (as defined by section 48A(c)).. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48 the following new item: Sec. 48A. Clean coal technology credit. (d) Effective date \nThe amendments made by this section shall apply to periods after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "H7C67CAEE6FEA496CBA56BF3F2FBCE1D", "header": "Credit for clean coal technology units" }, { "text": "48A. Clean coal technology credit \n(a) In general \nFor purposes of section 46, the clean coal technology credit for any taxable year is an amount equal to the applicable percentage of the basis of qualified clean coal property placed in service during such year. (b) Applicable percentage \nFor purposes of this section, the applicable percentage is— (1) 15 percent in the case of property placed in service in connection with any basic clean coal technology unit, and (2) 17.5 percent in the case of property placed in service in connection with any advanced clean coal technology unit. (c) Qualified clean coal property \nFor purposes of this section— (1) In general \nThe term qualified clean coal property means section 1245 property— (A) which is installed in connection with— (i) an existing coal-based unit as part of the conversion of such unit to any basic or advanced clean coal technology unit, or (ii) any new advanced clean coal technology unit, (B) which is placed in service after December 31, 2003, and before— (i) in the case of property to which subsection (b)(1) applies, January 1, 2014, and (ii) in the case of property to which subsection (b)(2) applies, January 1, 2017 (January 1, 2013, in the case of property installed in connection with an eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit), (C) the original use of which commences with the taxpayer, and (D) which has a useful life of not less than 4 years. (2) Existing coal-based unit \nThe term existing coal-based unit means a coal-based electricity generating steam generator-turbine unit— (A) which is not a basic or advanced clean coal technology unit, and (B) which is in operation on or before January 1, 2004. In the case of a unit being converted to a basic clean coal technology unit, such term shall not include a unit having a nameplate capacity rating of more than 300 megawatts. (3) New advanced clean coal technology unit \nThe term new advanced clean coal technology unit means any advanced clean coal technology unit which is placed in service after December 31, 2003, and the original use of which commences with the taxpayer. (d) Basic clean coal technology unit \nFor purposes of this section— (1) In general \nThe term basic clean coal technology unit means a unit which— (A) uses clean coal technology (including advanced pulverized coal or atmospheric fluidized bed combustion, pressurized fluidized bed combustion, and integrated gasification combined cycle) for the production of electricity, (B) uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity, (C) has a design net heat rate of at least 500 less than that of the existing coal-based unit prior to its conversion, (D) has a maximum design net heat rate of not more than 9,500, and (E) meets the pollution control requirements of paragraph (2). Such term shall not include an advanced clean coal technology unit. (2) Pollution control requirements \n(A) In general \nA unit meets the requirements of this paragraph if— (i) its emissions of sulfur dioxide, nitrogen oxide, or particulates meet the lower of the emission levels for each such emission specified in— (I) subparagraph (B), or (II) the new source performance standards of the Clean Air Act ( 42 U.S.C. 7411 ) which are in effect for the category of source at the time of the conversion of the unit, and (ii) its emissions do not exceed any relevant emission level specified by regulation pursuant to the hazardous air pollutant requirements of the Clean Air Act ( 42 U.S.C. 7412 ) in effect at the time of the conversion of the unit. (B) Specific levels \nThe levels specified in this subparagraph are— (i) in the case of sulfur dioxide emissions, 50 percent of the sulfur dioxide emission levels specified in the new source performance standards of the Clean Air Act ( 42 U.S.C. 7411 ) in effect on the date of the enactment of this section for the category of source, (ii) in the case of nitrogen oxide emissions— (I) 0.1 pound per million Btu of heat input if the unit is not a cyclone-fired boiler, and (II) if the unit is a cyclone-fired boiler, 15 percent of the uncontrolled nitrogen oxide emissions from such boilers, and (iii) in the case of particulate emissions, 0.02 pound per million Btu of heat input. (3) Design net heat rate \nThe design net heat rate with respect to any unit, measured in Btu per kilowatt hour (HHV)— (A) shall be based on the design annual heat input to and the design annual net electrical power, fuels, and chemicals output from such unit (determined without regard to such unit’s co-generation of steam), (B) shall be adjusted for the heat content of the design coal to be used by the unit if it is less than 12,000 Btu per pound according to the following formula: (C) shall be corrected for the site reference conditions of— (i) elevation above sea level of 500 feet, (ii) air pressure of 14.4 pounds per square inch absolute (psia), (iii) temperature, dry bulb of 63°F, (iv) temperature, wet bulb of 54°F, and (v) relative humidity of 55 percent, and (D) if carbon capture controls have been installed with respect to any existing coal-based unit and such controls remove at least 50 percent of the unit’s carbon dioxide emissions, shall be adjusted up to the design heat rate level which would have resulted without the installation of such controls. (4) HHV \nThe term HHV means higher heating value. (e) Advanced clean coal technology unit \nFor purposes of this section— (1) In general \nThe term advanced clean coal technology unit means any electricity generating unit of the taxpayer— (A) which is— (i) an eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit, (ii) an eligible pressurized fluidized bed combustion technology unit, (iii) an eligible integrated gasification combined cycle technology unit, or (iv) an eligible other technology unit, (B) which uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity, and (C) which meets the carbon emission rate requirements of paragraph (6). (2) Eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit \nThe term eligible advanced pulverized coal or atmospheric fluidized bed combustion technology unit means a clean coal technology unit using advanced pulverized coal or atmospheric fluidized bed combustion technology which has a design net heat rate of not more than 8,500 (8,900 in the case of units placed in service before 2009). (3) Eligible pressurized fluidized bed combustion technology unit \nThe term eligible pressurized fluidized bed combustion technology unit means a clean coal technology unit using pressurized fluidized bed combustion technology which has a design net heat rate of not more than 7,720 (8,900 in the case of units placed in service before 2009, and 8,500 in the case of units placed in service after 2008 and before 2013). (4) Eligible integrated gasification combined cycle technology unit \nThe term eligible integrated gasification combined cycle technology unit means a clean coal technology unit using integrated gasification combined cycle technology, with or without fuel or chemical co-production— (A) which has a design net heat rate of not more than 7,720 (8,900 in the case of units placed in service before 2009, and 8,500 in the case of units placed in service after 2008 and before 2013), and (B) has a net thermal efficiency (HHV) using coal with fuel or chemical co-production of not less than 44.2 percent (38.4 percent in the case of units placed in service before 2009, and 40.2 percent in the case of units placed in service after 2008 and before 2013). (5) Eligible other technology unit \nThe term eligible other technology unit means a clean coal technology unit— (A) which uses any other technology for the production of electricity, and (B) which has a design net heat rate which meets the requirement of paragraph (2). (6) Carbon emission rate requirements \n(A) In general \nExcept as provided in subparagraph (B), a unit meets the requirements of this paragraph if— (i) in the case of a unit using design coal with a heat content of not more than 9,000 Btu per pound, the carbon emission rate is less than 0.60 pound of carbon per kilowatt hour, and (ii) in the case of a unit using design coal with a heat content of more than 9,000 Btu per pound, the carbon emission rate is less than 0.54 pound of carbon per kilowatt hour. (B) Eligible other technology unit \nIn the case of an eligible other technology unit, subparagraph (A) shall be applied by substituting 0.51 and 0.459 for 0.60 and 0.54 , respectively. (f) National limitations on credit \nFor purposes of this section— (1) In general \nThe amount of credit which would (but for this subsection) be allowed with respect to any property shall not exceed the amount which bears the same ratio to such amount of credit as— (A) the national megawatt capacity limitation allocated to the taxpayer with respect to the basic or advanced clean coal technology unit to which such property relates, bears to (B) the total megawatt capacity of such unit. The capacity described in subparagraph (B) shall be the reasonably expected capacity after the installation of the property. (2) Amount of national limitation \n(A) Advanced units \nThe national megawatt capacity limitation for advanced clean coal technology units shall be 6,000 megawatts. Of such amount, the national megawatt capacity limitation is— (i) for advanced clean coal technology units using advanced pulverized coal or atmospheric fluidized bed combustion technology, not more than 1,500 megawatts (not more than 750 megawatts in the case of units placed in service before 2009), (ii) for such units using pressurized fluidized bed combustion technology, not more than 750 megawatts (not more than 375 megawatts in the case of units placed in service before 2009), (iii) for such units using integrated gasification combined cycle technology, with or without fuel or chemical co-production, not more than 3,000 megawatts (not more than 1,250 megawatts in the case of units placed in service before 2009), and (iv) for such units using other technology for the production of electricity, not more than 750 megawatts (not more than 375 megawatts in the case of units placed in service before 2009). (B) Basic units \nThe national megawatt capacity limitation for basic clean coal technology units shall be 4,000 megawatts. (3) Allocation of limitation \nThe Secretary shall allocate the national megawatt capacity limitations in such manner as the Secretary may prescribe, except that the Secretary may not allocate more than 300 megawatts to any basic clean coal technology unit. (4) Regulations \nNot later than 6 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations shall provide a certification process under which the Secretary, after consultation with the Secretary of Energy, shall approve and allocate the national megawatt capacity limitations— (A) to encourage that units with the highest thermal efficiencies, when adjusted for the heat content of the design coal and site reference conditions, and environmental performance, be placed in service as soon as possible, and (B) to allocate capacity to taxpayers which have a definite and credible plan for placing into commercial operation a basic or advanced clean coal technology unit, including— (i) a site, (ii) contractual commitments for procurement and construction or, in the case of regulated utilities, the agreement of the State utility commission, (iii) filings for all necessary preconstruction approvals, (iv) a demonstrated record of having successfully completed comparable projects on a timely basis, and (v) such other factors which the Secretary determines are appropriate. (g) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe terms basic clean coal technology unit and advanced clean coal technology unit shall not include any unit which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the period applicable under subsection (c)(1)(B). (4) Denial of credit for units receiving certain other Federal assistance \nThe terms basic clean coal technology unit and advanced clean coal technology unit shall not include any unit if, at any time during the period applicable under subsection (c)(1)(B), any funding is provided to such unit under the Clean Coal Technology Program, the Power Plant Improvement Initiative, or the Clean Coal Power Initiative administered by the Secretary of Energy. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 or 45K is allowable unless the taxpayer elects to waive the application of such credit to such property.", "id": "H4AFB38A2F5F14751B8B499B836EB3023", "header": "Clean coal technology credit" }, { "text": "1352. Expansion of amortization for certain pollution control facilities \n(a) Eligibility of post-1975 pollution control facilities \n(1) In general \nParagraph (1) of section 169(d) is amended by striking before January 1, 1976, and by striking a new identifiable and inserting an identifiable. (2) Identifiable treatment facility \nParagraph (4) of section 169(d) is amended to read as follows: (4) Identifiable treatment facility \nFor purposes of paragraph (1), the term identifiable treatment facility includes only tangible property (not including a building and its structural components, other than a building which is exclusively a treatment facility) which is of a character subject to the allowance for depreciation provided in section 167, which is identifiable as a treatment facility, and which is property— (A) the construction, reconstruction, or erection of which is completed by the taxpayer, or (B) the original use of the property commences with the taxpayer.. (3) Technical amendment \nSection 169(d)(3) is amended by striking Health, Education, and Welfare and inserting Health and Human Services. (b) Coordination with Section 48A investment credit \nSection 169 is amended by redesignating subsections (e) though (j) as subsection (f) through (k), respectively, and by inserting after subsection (d) the following new subsection: (e) Coordination with Section 48A investment credit \n(1) In general \nIn the case of any treatment facility used in connection with a plant or other property to which an amount is allocated under section 48A(f), this section shall apply only if such plant or other property was in operation before January 1, 1976. (2) 36-month amortization with respect to pre-1976 plants not allocated credit \nReferences in this section to 60 months shall be treated as references to 36 months in the case of treatment facilities used in connection with a plant or other property in operation before January 1, 1976, if no allocation is made under section 48A(f) with respect to such plant or property.. (c) Effective date \nThe amendments made by this section shall apply to facilities placed in service after the date of the enactment of this Act.", "id": "HBBE74E6201BA4E24B5CBB500398437C", "header": "Expansion of amortization for certain pollution control facilities" }, { "text": "1353. 5-year recovery period for eligible integrated gasification combined cycle technology unit eligible for credit \n(a) In general \nSubparagraph (B) of section 168(e)(3) (defining 5-year property) is amended by striking and at the end of clause (v), by striking the period at the end of clause (vi) and inserting , and , and by inserting after clause (vi) the following new clause: (vii) any section 1245 property which is part of an eligible integrated gasification combined cycle technology unit (as defined in section 48A(e)(4)) for which an allocation is made under section 48A(f).. (b) Alternative system \nThe table contained in section 168(g)(3)(B) (relating to special rule for certain property assigned to classes) is amended by inserting after the item relating to subparagraph (B)(iii) the following new item: (B) (vii) 20. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date.", "id": "H06C65419143A4D90A222D200DF00EE6E", "header": "5-year recovery period for eligible integrated gasification combined cycle technology unit eligible for credit" }, { "text": "1355. High volume natural gas pipe treated as 7-year property \n(a) In general \nSection 168(e)(3)(C) (defining 7-year property), as amended by this Act, is amended by striking and at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: (iii) any high volume natural gas pipe the original use of which commences with the taxpayer after the date of the enactment of this clause, and. (b) High volume natural gas pipe \nSection 168(i) (relating to definitions and special rules), as amended by this Act, is amended by adding at the end the following new paragraph: (17) High volume natural gas pipe \nThe term high volume natural gas pipe means— (A) pipe which has an interior diameter of at least 42 inches and which is part of a natural gas pipeline system, and (B) any related equipment and appurtenances used in connection with such pipe.. (c) Alternative system \nThe table contained in section 168(g)(3)(B) (relating to special rule for certain property assigned to classes), as amended by this Act, is amended by inserting after the item relating to subparagraph (C)(ii) the following new item: (C) (iii) 22. (d) Alternative minimum tax exception \nSubparagraph (B) of section 56(a)(1), as amended by this Act, is amended by inserting before the period the following: , or in section 168(e)(3)(C)(iii). (e) Effective date \nThe amendments made by this section shall apply to property placed in service on or after the date of the enactment of this Act.", "id": "H464BE5AB435347C09C3077BF9C00F311", "header": "High volume natural gas pipe treated as 7-year property" }, { "text": "1356. Extension of enhanced oil recovery credit to high volume natural gas facilities \n(a) In general \nSection 43(c)(1) (defining qualified enhanced oil recovery costs) is amended by adding at the end the following new subparagraph: (D) Any amount which is paid or incurred during the taxable year in connection with the construction of a gas treatment plant which— (i) prepares natural gas for transportation through a pipeline with a capacity of at least 1,000,000,000,000 Btu of natural gas per day, and (ii) produces carbon dioxide which is injected into hydrocarbon-bearing geological formations.. (b) Effective date \nThe amendment made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2003.", "id": "HC80C83BCF009429EA7DEB7A3FC8ED471", "header": "Extension of enhanced oil recovery credit to high volume natural gas facilities" }, { "text": "1361. Extension of accelerated depreciation benefit for energy-related businesses on indian reservations \nParagraph (8) of section 168(j) (relating to termination) is amended by adding at the end the following new sentence: The preceding sentence shall be applied by substituting December 31, 2005 for December 31, 2004 in the case of property placed in service as part of a facility for— (A) the generation or transmission of electricity (including from any qualified energy resource, as defined in section 45(c)), (B) an oil or gas well, (C) the transmission or refining of oil or gas, or (D) the production of any qualified fuel (as defined in section 45K(c))..", "id": "H47D533638FBB4E1BB149AA15B7921429", "header": "Extension of accelerated depreciation benefit for energy-related businesses on indian reservations" }, { "text": "1362. Payment of dividends on stock of cooperatives without reducing patronage dividends \n(a) In general \nSubsection (a) of section 1388 (relating to patronage dividend defined) is amended by adding at the end the following: For purposes of paragraph (3), net earnings shall not be reduced by amounts paid during the year as dividends on capital stock or other proprietary capital interests of the organization to the extent that the articles of incorporation or bylaws of such organization or other contract with patrons provide that such dividends are in addition to amounts otherwise payable to patrons which are derived from business done with or for patrons during the taxable year.. (b) Effective date \nThe amendment made by this section shall apply to distributions in taxable years ending after the date of the enactment of this Act.", "id": "HFAAFE7E5CD2C4023A116AA6238782B6F", "header": "Payment of dividends on stock of cooperatives without reducing patronage dividends" }, { "text": "1363. Distributions from publicly traded partnerships treated as qualifying income of regulated investment companies \n(a) In general \nParagraph (2) of section 851(b) (defining regulated investment company) is amended to read as follows: (2) at least 90 percent of its gross income is derived from— (A) dividends, interest, payments with respect to securities loans (as defined in section 512(a)(5)), and gains from the sale or other disposition of stock or securities (as defined in section 2(a)(36) of the Investment Company Act of 1940 , as amended) or foreign currencies, or other income (including but not limited to gains from options, futures or forward contracts) derived with respect to its business of investing in such stock, securities, or currencies, and (B) distributions or other income derived from an interest in a qualified publicly traded partnership (as defined in subsection (h)); and. (b) Source flow-through rule not to apply \nThe last sentence of section 851(b) is amended by inserting (other than a qualified publicly traded partnership as defined in subsection (h)) after derived from a partnership. (c) Limitation on ownership \nSubsection (c) of section 851 is amended by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following new paragraph: (5) The term outstanding voting securities of such issuer shall include the equity securities of a qualified publicly traded partnership (as defined in subsection (h)).. (d) Definition of qualified publicly traded partnership \nSection 851 is amended by adding at the end the following new subsection: (h) Qualified publicly traded partnership \nFor purposes of this section, the term qualified publicly traded partnership means a publicly traded partnership described in section 7704(b) other than a partnership which would satisfy the gross income requirements of section 7704(c)(2) if qualifying income included only income described in subsection (b)(2)(A).. (e) Definition of qualifying income \nSection 7704(d)(4) is amended by striking section 851(b)(2) and inserting section 851(b)(2)(A). (f) Limitation on composition of assets \nSubparagraph (B) of section 851(b)(3) is amended to read as follows: (B) not more than 25 percent of the value of its total assets is invested in— (i) the securities (other than Government securities or the securities of other regulated investment companies) of any one issuer, (ii) the securities (other than the securities of other regulated investment companies) of two or more issuers which the taxpayer controls and which are determined, under regulations prescribed by the Secretary, to be engaged in the same or similar trades or businesses or related trades or businesses, or (iii) the securities of one or more qualified publicly traded partnerships (as defined in subsection (h)).. (g) Application of special passive activity rule to regulated investment companies \nSubsection (k) of section 469 (relating to separate application of section in case of publicly traded partnerships) is amended by adding at the end the following new paragraph: (4) Application to regulated investment companies \nFor purposes of this section, a regulated investment company (as defined in section 851) holding an interest in a qualified publicly traded partnership (as defined in section 851(h)) shall be treated as a taxpayer described in subsection (a)(2) with respect to items attributable to such interest.. (h) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HC6B2ECB9FDA14A33A75D435F5F91A000", "header": "Distributions from publicly traded partnerships treated as qualifying income of regulated investment companies" }, { "text": "1364. Ceiling fans \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.84.14 Ceiling fans for permanent installation (provided for in subheading 8414.51.00) Free No change No change On or before 12/31/2005. (b) Effective date \nThe amendment made by this section applies to goods entered, or withdrawn from warehouse, for consumption on or after the 15th day after the date of enactment of this Act.", "id": "H00E6643C7BAF43B48BD19C3C7667A19E", "header": "Ceiling fans" }, { "text": "1365. Certain steam generators, and certain reactor vessel heads, used in nuclear facilities \n(a) Certain steam generators \nHeading 9902.84.02 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2006 and inserting 12/31/2008. (b) Certain reactor vessel heads \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.84.03 Reactor vessel heads for nuclear reactors (provided for in subheading 8401.40.00) Free No change No change On or before 12/31/2007. (c) Effective date \n(1) Subsection (a) \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Subsection (b) \nThe amendment made by subsection (b) shall apply to goods entered, or withdrawn from warehouse, for consumption on or after the 15th day after the date of the enactment of this Act.", "id": "H0D6CEC03039E4EE0A86421C6A8D170A0", "header": "Certain steam generators, and certain reactor vessel heads, used in nuclear facilities" }, { "text": "1366. Brownfields demonstration program for qualified green building and sustainable design projects \n(a) Treatment as exempt facility bond \nSubsection (a) of section 142 (relating to the definition of exempt facility bond) is amended by striking or at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting , or , and by inserting at the end the following new paragraph: (14) qualified green building and sustainable design projects.. (b) Qualified green building and sustainable design projects \nSection 142 (relating to exempt facility bonds) is amended by adding at the end thereof the following new subsection: (l) Qualified green building and sustainable design projects \n(1) In general \nFor purposes of subsection (a)(14), the term qualified green building and sustainable design project means any project which is designated by the Secretary, after consultation with the Administrator of the Environmental Protection Agency, as a qualified green building and sustainable design project and which meets the requirements of clauses (i), (ii), (iii), and (iv) of paragraph (4)(A). (2) Designations \n(A) In general \nWithin 60 days after the end of the application period described in paragraph (3)(A), the Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall designate qualified green building and sustainable design projects. At least one of the projects designated shall be located in, or within a 10-mile radius of, an empowerment zone as designated pursuant to section 1391, and at least one of the projects designated shall be located in a rural State. No more than one project shall be designated in a State. A project shall not be designated if such project includes a stadium or arena for professional sports exhibitions or games. (B) Minimum conservation and technology innovation objectives \nThe Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall ensure that, in the aggregate, the projects designated shall— (i) reduce electric consumption by more than 150 megawatts annually as compared to conventional construction, (ii) reduce daily sulfur dioxide emissions by at least 10 tons compared to coal generation power, (iii) expand by 75 percent the domestic solar photovoltaic market in the United States (measured in megawatts) as compared to the expansion of that market from 2001 to 2002, and (iv) use at least 25 megawatts of fuel cell energy generation. (3) Limited designations \nA project may not be designated under this subsection unless— (A) the project is nominated by a State or local government within 180 days of the enactment of this subsection, and (B) such State or local government provides written assurances that the project will satisfy the eligibility criteria described in paragraph (4). (4) Application \n(A) In general \nA project may not be designated under this subsection unless the application for such designation includes a project proposal which describes the energy efficiency, renewable energy, and sustainable design features of the project and demonstrates that the project satisfies the following eligibility criteria: (i) Green building and sustainable design \nAt least 75 percent of the square footage of commercial buildings which are part of the project is registered for United States Green Building Council’s LEED certification and is reasonably expected (at the time of the designation) to receive such certification. (ii) Brownfield redevelopment \nThe project includes a brownfield site as defined by section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ), including a site described in subparagraph (D)(ii)(II)(aa) thereof. (iii) State and local support \nThe project receives specific State or local government resources which will support the project in an amount equal to at least $5,000,000. For purposes of the preceding sentence, the term resources includes tax abatement benefits and contributions in kind. (iv) Size \nThe project includes at least one of the following: (I) At least 1,000,000 square feet of building. (II) At least 20 acres. (v) Use of tax benefit \nThe project proposal includes a description of the net benefit of the tax-exempt financing provided under this subsection which will be allocated for financing of one or more of the following: (I) The purchase, construction, integration, or other use of energy efficiency, renewable energy, and sustainable design features of the project. (II) Compliance with LEED certification standards. (III) The purchase, remediation, and foundation construction and preparation of the brownfields site. (vi) Employment \nThe project is projected to provide permanent employment of at least 1,500 full time equivalents (150 full time equivalents in rural States) when completed and construction employment of at least 1,000 full time equivalents (100 full time equivalents in rural States). The application shall include an independent analysis which describes the project’s economic impact, including the amount of projected employment. (B) Project description \nEach application described in subparagraph (A) shall contain for each project a description of— (i) the amount of electric consumption reduced as compared to conventional construction, (ii) the amount of sulfur dioxide daily emissions reduced compared to coal generation, (iii) the amount of the gross installed capacity of the project’s solar photovoltaic capacity measured in megawatts, and (iv) the amount, in megawatts, of the project’s fuel cell energy generation. (5) Certification of use of tax benefit \nNo later than 30 days after the completion of the project, each project must certify to the Secretary that the net benefit of the tax-exempt financing was used for the purposes described in paragraph (4). (6) Definitions \nFor purposes of this subsection— (A) Rural State \nThe term rural State means any State which has— (i) a population of less than 4,500,000 according to the 2000 census, (ii) a population density of less than 150 people per square mile according to the 2000 census, and (iii) increased in population by less than half the rate of the national increase between the 1990 and 2000 censuses. (B) Local Government \nThe term local government has the meaning given such term by section 1393(a)(5). (C) Net benefit of tax-exempt financing \nThe term net benefit of tax-exempt financing means the present value of the interest savings (determined by a calculation established by the Secretary) which result from the tax-exempt status of the bonds. (7) Aggregate face amount of tax-exempt financing \n(A) In general \nAn issue shall not be treated as an issue described in subsection (a)(14) if the aggregate face amount of bonds issued by the State or local government pursuant thereto for a project (when added to the aggregate face amount of bonds previously so issued for such project) exceeds an amount designated by the Secretary as part of the designation. (B) Limitation on amount of bonds \nThe Secretary may not allocate authority to issue qualified green building and sustainable design project bonds in an aggregate face amount exceeding $2,000,000,000. (8) Termination \nSubsection (a)(14) shall not apply with respect to any bond issued after September 30, 2009. (9) Treatment of current refunding bonds \nParagraphs (7)(B) and (8) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(14) before October 1, 2009, if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A).. (c) Exemption from general State volume caps \nParagraph (3) of section 146(g) (relating to exception for certain bonds) is amended— (1) by striking or (13) and inserting (13), or (14) , and (2) by striking and qualified public educational facilities and inserting qualified public educational facilities, and qualified green building and sustainable design projects. (d) Special rule for assets financed under this Section and accountability \n(1) Denial of double benefit \nAny asset financed with bonds issued pursuant to this section shall be ineligible for any credit or deduction established under the Energy Tax Policy Act of 2004. (2) Accountability \nEach issuer shall maintain, on behalf of each project, an interest bearing reserve account equal to 1 percent of the net proceeds of any bond issued under this section for such project. Not later than 5 years after the date of issuance, the Secretary of the Treasury, after consultation with the Administrator of the Environmental Protection Agency, shall determine whether the project financed with such bonds has substantially complied with the terms and conditions described in section 142(l)(4) of the Internal Revenue Code of 1986 (as added by this section). If the Secretary, after such consultation, certifies that the project has substantially complied with such terms and conditions and meets the commitments set forth in the application for such project described in section 142(l)(4) of such Code, amounts in the reserve account, including all interest, shall be released to the project. If the Secretary determines that the project has not substantially complied with such terms and conditions, amounts in the reserve account, including all interest, shall be paid to the United States Treasury. (e) Effective date \nThe amendments made by this section shall apply to bonds issues after the date of the enactment of this Act.", "id": "H5CFEC2A8A4674A41941DAD7C8528DE00", "header": "Brownfields demonstration program for qualified green building and sustainable design projects" }, { "text": "1401. Denali Commission programs \n(a) Power cost equalization program \nThere are authorized to be appropriated to the Denali Commission established by the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note) not more than $5,000,000 for each of fiscal years 2005 through 2011 for the purposes of funding the power cost equalization program established under section 42.45.100 of the Alaska Statutes. (b) Availability of funds \n(1) Purpose \nAmounts described in paragraph (2) shall be available to the Denali Commission to permit energy generation and development (including fuel cells, hydroelectric, solar, wind, wave, and tidal energy, and alternative energy sources), energy transmission (including interties), fuel tank replacement and clean-up, fuel transportation networks and related facilities, power cost equalization programs, and other energy programs, notwithstanding any other provision of law. (2) Amounts \n(A) Except as provided in subparagraph (B), the amounts referred to in paragraph (1) shall be any Federal royalties, rents, and bonuses derived from the Federal share of Federal oil and gas leases in the National Petroleum Reserve in Alaska, up to a maximum of $50,000,000, for each of the fiscal years 2004 through 2013. (B) If amounts available under subparagraph (A) for one of the fiscal years 2004 through 2013 are less than $50,000,000, the Secretary of Energy shall make available an amount sufficient to ensure that the amount available under this subsection for that fiscal year equals $50,000,000, from amounts remaining after deposits are made under section 949(a)(1), from the same source from which those deposits are made.", "id": "HD58C4A9454204AE6002E12FB51E2FE01", "header": "Denali Commission programs" }, { "text": "1402. Rural and remote community assistance \n(a) Program \nSection 19 of the Rural Electrification Act of 1936 (7 U.S.C 918a) is amended by striking all that precedes subsection (b) and inserting the following: 19. Electric generation, transmission, and distribution facilities efficiency grants and loans to rural and remote communities with extremely high electricity costs \n(a) In general \nThe Secretary, acting through the Rural Utilities Service, may— (1) in coordination with State rural development initiatives, make grants and loans to persons, States, political subdivisions of States, and other entities organized under the laws of States, to acquire, construct, extend, upgrade, and otherwise improve electric generation, transmission, and distribution facilities serving communities in which the average revenue per kilowatt hour of electricity for all consumers is greater than 150 percent of the average revenue per kilowatt hour of electricity for all consumers in the United States (as determined by the Energy Information Administration using the most recent data available); (2) make grants and loans to the Denali Commission established by the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public 105–277) to be used for the purpose of providing funds to acquire, construct, extend, upgrade, finance, and otherwise improve electric generation, transmission, and distribution facilities serving communities described in paragraph (1); and (3) make grants to State entities to establish and support a revolving fund to provide a more cost-effective means of purchasing fuel in areas where the fuel cannot be shipped by means of surface transportation.. (b) Definition of person \nSection 13 of the Rural Electrification Act of 1936 ( 7 U.S.C. 913 ) is amended by striking or association and inserting association, or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ).", "id": "H8CCEC344A11C49FFB7D7498CA031942D", "header": "Rural and remote community assistance" }, { "text": "19. Electric generation, transmission, and distribution facilities efficiency grants and loans to rural and remote communities with extremely high electricity costs \n(a) In general \nThe Secretary, acting through the Rural Utilities Service, may— (1) in coordination with State rural development initiatives, make grants and loans to persons, States, political subdivisions of States, and other entities organized under the laws of States, to acquire, construct, extend, upgrade, and otherwise improve electric generation, transmission, and distribution facilities serving communities in which the average revenue per kilowatt hour of electricity for all consumers is greater than 150 percent of the average revenue per kilowatt hour of electricity for all consumers in the United States (as determined by the Energy Information Administration using the most recent data available); (2) make grants and loans to the Denali Commission established by the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public 105–277) to be used for the purpose of providing funds to acquire, construct, extend, upgrade, finance, and otherwise improve electric generation, transmission, and distribution facilities serving communities described in paragraph (1); and (3) make grants to State entities to establish and support a revolving fund to provide a more cost-effective means of purchasing fuel in areas where the fuel cannot be shipped by means of surface transportation.", "id": "H54CC35BF15AE44A08171D60051F0A234", "header": "Electric generation, transmission, and distribution facilities efficiency grants and loans to rural and remote communities with extremely high electricity costs" }, { "text": "1411. Royalty payments under leases under the Outer Continental Shelf Lands Act \n(a) Royalty relief \n(1) In general \nFor purposes of providing compensation for lessees and a State for which amounts are authorized by section 6004(c) of the Oil Pollution Act of 1990 ( Public Law 101–380 ), a lessee may withhold from payment any royalty due and owing to the United States under any leases under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1301 et seq. ) for offshore oil or gas production from a covered lease tract if, on or before the date that the payment is due and payable to the United States, the lessee makes a payment to the Secretary of the Interior of 44 cents for every $1 of royalty withheld. (2) Use of amounts paid to Secretary \nWithin 30 days after the Secretary of the Interior receives payments under paragraph (1), the Secretary of the Interior shall— (A) make 47.5 percent of such payments available to the State referred to in section 6004(c) of the Oil Pollution Act of 1990; and (B) make 52.5 percent of such payments available equally, only for the programs and purposes identified as number 282 at page 1389 of House Report number 108–10 and for a program described at page 1159 of that Report in the State referred to in such section 6004(c). (3) Treatment of amounts \nAny royalty withheld by a lessee in accordance with this section (including any portion thereof that is paid to the Secretary of the Interior under paragraph (1)) shall be treated as paid for purposes of satisfaction of the royalty obligations of the lessee to the United States. (4) Certification of withheld amounts \nThe Secretary of the Treasury shall— (A) determine the amount of royalty withheld by a lessee under this section; and (B) promptly publish a certification when the total amount of royalty withheld by the lessee under this section is equal to— (i) the dollar amount stated at page 47 of Senate Report number 101–534, which is designated therein as the total drainage claim for the West Delta field; plus (ii) interest as described at page 47 of that Report. (b) Period of royalty relief \nSubsection (a) shall apply to royalty amounts that are due and payable in the period beginning on January 1, 2004, and ending on the date on which the Secretary of the Treasury publishes a certification under subsection (a)(4)(B). (c) Definitions \nAs used in this section: (1) Covered lease tract \nThe term covered lease tract means a leased tract (or portion of a leased tract)— (A) lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ); or (B) lying within such zone but to which such section does not apply. (2) Lessee \nThe term lessee — (A) means a person or entity that, on the date of the enactment of the Oil Pollution Act of 1990, was a lessee referred to in section 6004(c) of that Act (as in effect on that date of the enactment), but did not hold lease rights in Federal offshore lease OCS–G–5669; and (B) includes successors and affiliates of a person or entity described in subparagraph (A).", "id": "H82F39B516BB34E1BAAC5028600A708AB", "header": "Royalty payments under leases under the Outer Continental Shelf Lands Act" }, { "text": "1412. Domestic offshore energy reinvestment \n(a) Domestic offshore energy reinvestment program \nThe Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 32. Domestic offshore energy reinvestment program \n(a) Definitions \nIn this section: (1) Approved plan \nThe term approved plan means a Secure Energy Reinvestment Plan approved by the Secretary under this section. (2) Coastal Energy State \nThe term Coastal Energy State means a Coastal State off the coastline of which, within the seaward lateral boundary as determined by the map referenced in subsection (c)(2)(A), outer Continental Shelf bonus bids or royalties are generated, other than bonus bids or royalties from a leased tract within any area of the outer Continental Shelf for which a moratorium on new leasing was in effect as of January 1, 2002, unless the lease was issued before the establishment of the moratorium and was in production on such date. (3) Coastal political subdivision \nThe term coastal political subdivision means a county, parish, or other equivalent subdivision of a Coastal Energy State, all or part of which lies within the boundaries of the coastal zone of the State, as identified in the State’s approved coastal zone management program under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) on the date of the enactment of this section. (4) Coastal population \nThe term coastal population means the population of a coastal political subdivision, as determined by the most recent official data of the Census Bureau. (5) Coastline \nThe term coastline has the same meaning as the term coast line in subsection 2(c) of the Submerged Lands Act ( 43 U.S.C. 1301(c) ). (6) Fund \nThe term Fund means the Secure Energy Reinvestment Fund established by this section. (7) Leased tract \nThe term leased tract means a tract maintained under section 6 or leased under section 8 for the purpose of drilling for, developing, and producing oil and natural gas resources. (8) Qualified outer Continental Shelf revenues \n(A) Except as provided in subparagraph (B), the term qualified outer Continental Shelf revenues means all amounts received by the United States on or after October 1, 2003, from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g), or lying within such zone but to which section 8(g) does not apply, including bonus bids, rents, royalties (including payments for royalties taken in kind and sold), net profit share payments, and related interest. (B) Such term does not include any revenues from a leased tract or portion of a leased tract that is included within any area of the outer Continental Shelf for which a moratorium on new leasing was in effect as of January 1, 2002, unless the lease was issued before the establishment of the moratorium and was in production on such date. (9) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Secure Energy Reinvestment Fund \n(1) Establishment \nThere is established in the Treasury of the United States a separate account which shall be known as the Secure Energy Reinvestment Fund. The Fund shall consist of amounts deposited under paragraph (2), and such other amounts as may be appropriated to the Fund. (2) Deposits \nFor each fiscal year after fiscal year 2003, the Secretary of the Treasury shall deposit into the Fund the following: (A) Notwithstanding section 9, all qualified outer Continental Shelf revenues attributable to royalties received by the United States in the fiscal year that are in excess of the following amount: (i) $3,455,000,000 in the case of royalties received in fiscal year 2004. (ii) $3,726,000,000 in the case of royalties received in fiscal year 2005. (iii) $4,613,000,000 in the case of royalties received in fiscal year 2006. (iv) $5,226,000,000 in the case of royalties received in fiscal year 2007. (v) $5,841,000,000 in the case of royalties received in fiscal year 2008. (vi) $5,763,000,000 in the case of royalties received in fiscal year 2009. (vii) $6,276,000,000 in the case of royalties received in fiscal year 2010. (viii) $6,351,000,000 in the case of royalties received in fiscal year 2011. (ix) $6,551,000,000 in the case of royalties received in fiscal year 2012. (x) $5,120,000,000 in the case of royalties received in fiscal year 2013. (B) Notwithstanding section 9, all qualified outer Continental shelf revenues attributable to bonus bids received by the United States in each of the fiscal years 2004 through 2013 that are in excess of $1,000,000,000. (C) Notwithstanding section 9, in addition to amounts deposited under subparagraphs (A) and (B), $35,000,000 of amounts received by the United States each fiscal year as royalties for oil or gas production on the outer Continental Shelf, except that no amounts shall be deposited under this subparagraph before fiscal year 2004 or after fiscal year 2013. (D) All interest earned under paragraph (4). (E) All repayments under subsection (f). (3) Reduction in deposit \n(A) For each fiscal year after fiscal year 2013 in which amounts received by the United States as royalties for oil or gas production on the outer Continental Shelf are less than the sum of the amounts described in subparagraph (B) (before the application of this subparagraph), the Secretary of the Treasury shall reduce each of the amounts described in subparagraph (B) proportionately. (B) The amounts referred to in subparagraph (A) are the following: (i) The amount required to be covered into the Historic Preservation Fund under section 108 of the National Historic Preservation Act ( 16 U.S.C. 470h ) on the date of the enactment of this paragraph. (ii) The amount required to be credited to the Land and Water Conservation Fund under section 2(c)(2) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601–5(c)(2) ) on the date of the enactment of this paragraph. (iii) The amount required to be deposited under subparagraph (C) of paragraph (2) of this subsection. (4) Investment \nThe Secretary of the Treasury shall invest moneys in the Fund (including interest) in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement under this section. (5) Review and revision of baseline amounts \nNot later than December 31, 2008, the Secretary of the Interior, in consultation with the Secretary of the Treasury, shall— (A) determine the amount and composition of outer Continental Shelf revenues that were received by the United States in each of the fiscal years 2004 through 2008; (B) project the amount and composition of outer Continental Shelf revenues that will be received in the United States in each of the fiscal years 2009 through 2013; and (C) submit to the Congress a report regarding whether any of the dollar amounts set forth in clauses (v) though (x) of paragraph (2)(A) or paragraph (2)(B) should be modified to reflect those projections. (6) Authorization of appropriation of additional amounts \nIn addition to the amounts deposited into the Fund under paragraph (2) there are authorized to be appropriated to the Fund— (A) for each of fiscal years 2004 through 2013 up to $500,000,000; and (B) for each fiscal year after fiscal year 2013 up to 25 percent of qualified outer Continental Shelf revenues received by the United States in the preceding fiscal year. (c) Use of Secure Energy Reinvestment Fund \n(1) In general \n(A) The Secretary shall use amounts in the Fund remaining after the application of subsections (h) and (i) to pay to each Coastal Energy State that has a Secure Energy Reinvestment Plan approved by the Secretary under this section, and to coastal political subdivisions of such State, the amount allocated to the State or coastal political subdivision, respectively, under this subsection. (B) The Secretary shall make payments under this paragraph in December of 2004, and of each year thereafter, from revenues received by the United States in the immediately preceding fiscal year. (2) Allocation \nThe Secretary shall allocate amounts deposited into the Fund in a fiscal year, and other amounts determined by the Secretary to be available, among Coastal Energy States that have an approved plan, and to coastal political subdivisions of such States, as follows: (A) (i) Of the amounts made available for each of the first 10 fiscal years for which amounts are available for allocation under this paragraph, the allocation for each Coastal Energy State shall be calculated based on the ratio of qualified outer Continental Shelf revenues generated off the coastline of the Coastal Energy State to the qualified outer Continental Shelf revenues generated off the coastlines of all Coastal Energy States for the period beginning January 1, 1992, and ending December 31, 2001. (ii) Of the amounts available for a fiscal year in a subsequent 10-fiscal-year period, the allocation for each Coastal Energy State shall be calculated based on such ratio determined by the Secretary with respect to qualified outer Continental Shelf revenues generated in each subsequent corresponding 10-year period. (iii) For purposes of this subparagraph, qualified outer Continental Shelf revenues shall be considered to be generated off the coastline of a Coastal Energy State if the geographic center of the lease tract from which the revenues are generated is located within the area formed by the extension of the State’s seaward lateral boundaries, calculated using the strict and scientifically derived conventions established to delimit international lateral boundaries under the Law of the Sea, as indicated on the map entitled Calculated Seaward Lateral Boundaries and dated October 2003, on file in the Office of the Director, Minerals Management Service. (B) 35 percent of each Coastal Energy State’s allocable share as determined under subparagraph (A) shall be allocated among and paid directly to the coastal political subdivisions of the State by the Secretary based on the following formula: (i) 25 percent shall be allocated based on the ratio of each coastal political subdivision’s coastal population to the coastal population of all coastal political subdivisions of the Coastal Energy State. (ii) 25 percent shall be allocated based on the ratio of each coastal political subdivision’s coastline miles to the coastline miles of all coastal political subdivisions of the State. In the case of a coastal political subdivision without a coastline, the coastline of the political subdivision for purposes of this clause shall be one-third the average length of the coastline of the other coastal political subdivisions of the State. (iii) 50 percent shall be allocated based on a formula that allocates 75 percent of the funds based on such coastal political subdivision’s relative distance from any leased tract used to calculate that State’s allocation and 25 percent of the funds based on the relative level of outer Continental Shelf oil and gas activities in a coastal political subdivision to the level of outer Continental Shelf oil and gas activities in all coastal political subdivisions in such State, as determined by the Secretary, except that in the case of a coastal political subdivision in the State of California that has a coastal shoreline, that is not within 200 miles of the geographic center of a leased tract or portion of a leased tract, and in which there is located one or more oil refineries the allocation under this clause shall be determined as if that coastal political subdivision were located within a distance of 50 miles from the geographic center of the closest leased tract with qualified outer Continental Shelf revenues. (3) Reallocation \nAny amount allocated to a Coastal Energy State or coastal political subdivision of such a State but not disbursed because of a failure of a Coastal Energy State to have an approved plan shall be reallocated by the Secretary among all other Coastal Energy States in a manner consistent with this subsection, except that the Secretary— (A) shall hold the amount in escrow within the Fund until the earlier of the end of the next fiscal year in which the allocation is made or the final resolution of any appeal regarding the disapproval of a plan submitted by the State under this section; and (B) shall continue to hold such amount in escrow until the end of the subsequent fiscal year thereafter, if the Secretary determines that such State is making a good faith effort to develop and submit, or update, a Secure Energy Reinvestment Plan under subsection (d). (4) Minimum share \nNotwithstanding any other provision of this subsection, the amount allocated under this subsection to each Coastal Energy State each fiscal year shall be not less than 5 percent of the total amount available for that fiscal year for allocation under this subsection to Coastal Energy States, except that for any Coastal Energy State determined by the Secretary to have an area formed by the extension of the State’s seaward lateral boundary, as designated by the map referenced in paragraph (2)(A)(iii), of less than 490 square statute miles, the amount allocated to such State shall not be less than 10 percent of the total amount available for that fiscal year for allocation under this subsection. (5) Recomputation \nIf the allocation to one or more Coastal Energy States under paragraph (4) with respect to a fiscal year is greater than the amount that would be allocated to such States under this subsection if paragraph (4) did not apply, then the allocations under this subsection to all other Coastal Energy States shall be paid from the amount remaining after deduction of the amounts allocated under paragraph (4), but shall be reduced on a pro rata basis by the sum of the allocations under paragraph (4) so that not more than 100 percent of the funds available in the Fund for allocation with respect to that fiscal year is allocated. (d) Secure Energy Reinvestment Plan \n(1) Development and submission of State plans \nThe Governor of each State seeking to receive funds under this section shall prepare, and submit to the Secretary, a Secure Energy Reinvestment Plan describing planned expenditures of funds received under this section. The Governor shall include in the State plan submitted to the Secretary plans prepared by the coastal political subdivisions of the State. The Governor and the coastal political subdivision shall solicit local input and provide for public participation in the development of the State plan. In describing the planned expenditures, the State and coastal political subdivisions shall include only items that are uses authorized under subsection (e). (2) Approval or disapproval \n(A) In general \nThe Secretary may not disburse funds to a State or coastal political subdivision of a State under this section before the date the State has an approved plan. The Secretary shall approve a Secure Energy Reinvestment Plan submitted by a State under paragraph (1) if the Secretary determines that the expenditures provided for in the plan are uses authorized under subsection (e), and that the plan contains each of the following: (i) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary for purposes of this section. (ii) A program for the implementation of the plan, that (I) has as a goal improving the environment, (II) has as a goal addressing the impacts of oil and gas production from the outer Continental Shelf, and (III) includes a description of how the State and coastal political subdivisions of the State will evaluate the effectiveness of the plan. (iii) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan. (iv) Measures for taking into account other relevant Federal resources and programs. The plan shall be correlated so far as practicable with other State, regional, and local plans. (v) For any State for which the ratio determined under subsection (c)(2)(A)(i) or (c)(2)(A)(ii), as appropriate, expressed as a percentage, exceeds 25 percent, a plan to spend not less than 30 percent of the total funds provided under this section each fiscal year to that State and appropriate coastal political subdivisions, to address the socioeconomic or environmental impacts identified in the plan that remain significant or progressive after implementation of mitigation measures identified in the most current environmental impact statement (as of the date of the enactment of this clause) required under the National Environmental Protection Act of 1969 for lease sales under this Act. (vi) A plan to utilize at least one-half of the funds provided pursuant to subsection (c)(2)(B), and a portion of other funds provided to such State under this section, on programs or projects that are coordinated and conducted in partnership between the State and coastal political subdivision. (B) Procedure and timing \nThe Secretary shall approve or disapprove each plan submitted in accordance with this subsection within 90 days after its submission. (3) Amendment or revision \nAny amendment to or revision of an approved plan shall be prepared and submitted in accordance with the requirements under this paragraph for the submittal of plans, and shall be approved or disapproved by the Secretary in accordance with paragraph (2)(B). (e) Authorized uses \nA Coastal Energy State, and a coastal political subdivision of such a State, shall use amounts paid under this section (including any such amounts deposited into a trust fund administered by the State or coastal political subdivision dedicated to uses consistent with this subsection), in compliance with Federal and State law and the approved plan of the State, only for one or more of the following purposes: (1) Projects and activities, including educational activities, for the conservation, protection, or restoration of coastal areas including wetlands. (2) Mitigating damage to, or the protection of, fish, wildlife, or natural resources. (3) To the extent of such sums as are considered reasonable by the Secretary, planning assistance and administrative costs of complying with this section. (4) Implementation of federally approved plans or programs for marine, coastal, subsidence, or conservation management or for protection of resources from natural disasters. (5) Mitigating impacts of outer Continental Shelf activities through funding onshore infrastructure and public service needs. (f) Compliance with authorized uses \nIf the Secretary determines that an expenditure of an amount made by a Coastal Energy State or coastal political subdivision is not in accordance with the approved plan of the State (including the plans of coastal political subdivisions included in such plan), the Secretary shall not disburse any further amounts under this section to that Coastal Energy State or coastal political subdivision until— (1) the amount is repaid to the Secretary; or (2) the Secretary approves an amendment to the plan that authorizes the expenditure. (g) Arbitration of State and local disputes \nThe Secretary may require, as a condition of any payment under this section, that a State or coastal political subdivision in a State must submit to arbitration— (1) any dispute between the State or coastal political subdivision (or both) and the Secretary regarding implementation of this section; and (2) any dispute between the State and political subdivision regarding implementation of this section, including any failure to include, in the plan submitted by the State for purposes of subsection (d), any spending plan of the coastal political subdivision. (h) Administrative expenses \nOf amounts in the Fund each fiscal year, the Secretary may use up to one-half of one percent for the administrative costs of implementing this section. (i) Funding for consortium \n(1) In general \nOf amounts deposited into the Fund in each fiscal year 2004 through 2013, 2 percent shall be available to the Secretary of the Interior to provide funding for the Coastal Restoration and Enhancement through Science and Technology program. (2) Treatment \nAny amount available under this subsection for a fiscal year shall, for purposes of determining the amount appropriated under any other provision of law that authorizes appropriations to carry out the program referred to in paragraph (1), be treated as appropriated under that other provision. (j) Disposition of funds \nA Coastal Energy State or coastal political subdivision may use funds provided to such entity under this section, subject to subsection (e), for any payment that is eligible to be made with funds provided to States under section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ). (k) Reports \nEach fiscal year following a fiscal year in which a Coastal Energy State or coastal political subdivision of a Coastal Energy State receives funds under this section, the Governor of the Coastal Energy State, in coordination with such State’s coastal political subdivisions, shall account for all funds so received for the previous fiscal year in a written report to the Secretary. The report shall include, in accordance with regulations prescribed by the Secretary, a description of all projects and activities that received such funds. In order to avoid duplication, such report may incorporate, by reference, any other reports required to be submitted under other provisions of law. (l) Signs \nThe Secretary shall require, as a condition of any allocation of funds provided with amounts made available by this section, that each State and coastal political subdivision shall include on any sign otherwise installed at any site at or near an entrance or public use focal point area for which such funds are used, a statement that the existence or development of the site (or both), as appropriate, is a product of such funds.. (b) Additional amendments \nSection 31 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356a ) is amended— (1) by striking subsection (a); (2) in subsection (c) by striking For fiscal year 2001, $150,000,000 is and inserting Such sums as may be necessary to carry out this section are ; (3) in subsection (d)(1)(B) by striking , except and all that follows through the end of the sentence and inserting a period; (4) by redesignating subsections (b) though (g) in order as subsection (a) through (f); and (5) by striking subsection (f) each place it appears and inserting subsection (e). (c) Utilization of Coastal Restoration and Enhancement through Science and Technology program \n(1) Authorization \nThe Secretary of the Interior and the Secretary of Commerce may each use the Coastal Restoration and Enhancement through Science and Technology program for the purposes of— (A) assessing the effects of coastal habitat restoration techniques; (B) developing improved ecosystem modeling capabilities for improved predictions of coastal conditions and habitat change and for developing new technologies for restoration activities; and (C) identifying economic options to address socioeconomic consequences of coastal degradation. (2) Condition \nThe Secretary of the Interior, in consultation with the Secretary of Commerce, shall ensure that the program— (A) establishes procedures designed to avoid duplicative activities among Federal agencies and entities receiving Federal funds; (B) coordinates with persons involved in similar activities; and (C) establishes a mechanism to collect, organize, and make available information and findings on coastal restoration. (3) Report \nNot later than September 30, 2008, the Secretary of the Interior, in consultation with the Secretary of Commerce, shall transmit a report to the Congress on the effectiveness of any Federal and State restoration efforts conducted pursuant to this subsection and make recommendations to improve coordinated coastal restoration efforts. (4) Funding \nFor each of fiscal years 2004 through 2013, there is authorized to be appropriated to the Secretary $10,000,000 to carry out activities under this subsection.", "id": "HA0019608C093454100685B75394EFAB9", "header": "Domestic offshore energy reinvestment" }, { "text": "32. Domestic offshore energy reinvestment program \n(a) Definitions \nIn this section: (1) Approved plan \nThe term approved plan means a Secure Energy Reinvestment Plan approved by the Secretary under this section. (2) Coastal Energy State \nThe term Coastal Energy State means a Coastal State off the coastline of which, within the seaward lateral boundary as determined by the map referenced in subsection (c)(2)(A), outer Continental Shelf bonus bids or royalties are generated, other than bonus bids or royalties from a leased tract within any area of the outer Continental Shelf for which a moratorium on new leasing was in effect as of January 1, 2002, unless the lease was issued before the establishment of the moratorium and was in production on such date. (3) Coastal political subdivision \nThe term coastal political subdivision means a county, parish, or other equivalent subdivision of a Coastal Energy State, all or part of which lies within the boundaries of the coastal zone of the State, as identified in the State’s approved coastal zone management program under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) on the date of the enactment of this section. (4) Coastal population \nThe term coastal population means the population of a coastal political subdivision, as determined by the most recent official data of the Census Bureau. (5) Coastline \nThe term coastline has the same meaning as the term coast line in subsection 2(c) of the Submerged Lands Act ( 43 U.S.C. 1301(c) ). (6) Fund \nThe term Fund means the Secure Energy Reinvestment Fund established by this section. (7) Leased tract \nThe term leased tract means a tract maintained under section 6 or leased under section 8 for the purpose of drilling for, developing, and producing oil and natural gas resources. (8) Qualified outer Continental Shelf revenues \n(A) Except as provided in subparagraph (B), the term qualified outer Continental Shelf revenues means all amounts received by the United States on or after October 1, 2003, from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g), or lying within such zone but to which section 8(g) does not apply, including bonus bids, rents, royalties (including payments for royalties taken in kind and sold), net profit share payments, and related interest. (B) Such term does not include any revenues from a leased tract or portion of a leased tract that is included within any area of the outer Continental Shelf for which a moratorium on new leasing was in effect as of January 1, 2002, unless the lease was issued before the establishment of the moratorium and was in production on such date. (9) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Secure Energy Reinvestment Fund \n(1) Establishment \nThere is established in the Treasury of the United States a separate account which shall be known as the Secure Energy Reinvestment Fund. The Fund shall consist of amounts deposited under paragraph (2), and such other amounts as may be appropriated to the Fund. (2) Deposits \nFor each fiscal year after fiscal year 2003, the Secretary of the Treasury shall deposit into the Fund the following: (A) Notwithstanding section 9, all qualified outer Continental Shelf revenues attributable to royalties received by the United States in the fiscal year that are in excess of the following amount: (i) $3,455,000,000 in the case of royalties received in fiscal year 2004. (ii) $3,726,000,000 in the case of royalties received in fiscal year 2005. (iii) $4,613,000,000 in the case of royalties received in fiscal year 2006. (iv) $5,226,000,000 in the case of royalties received in fiscal year 2007. (v) $5,841,000,000 in the case of royalties received in fiscal year 2008. (vi) $5,763,000,000 in the case of royalties received in fiscal year 2009. (vii) $6,276,000,000 in the case of royalties received in fiscal year 2010. (viii) $6,351,000,000 in the case of royalties received in fiscal year 2011. (ix) $6,551,000,000 in the case of royalties received in fiscal year 2012. (x) $5,120,000,000 in the case of royalties received in fiscal year 2013. (B) Notwithstanding section 9, all qualified outer Continental shelf revenues attributable to bonus bids received by the United States in each of the fiscal years 2004 through 2013 that are in excess of $1,000,000,000. (C) Notwithstanding section 9, in addition to amounts deposited under subparagraphs (A) and (B), $35,000,000 of amounts received by the United States each fiscal year as royalties for oil or gas production on the outer Continental Shelf, except that no amounts shall be deposited under this subparagraph before fiscal year 2004 or after fiscal year 2013. (D) All interest earned under paragraph (4). (E) All repayments under subsection (f). (3) Reduction in deposit \n(A) For each fiscal year after fiscal year 2013 in which amounts received by the United States as royalties for oil or gas production on the outer Continental Shelf are less than the sum of the amounts described in subparagraph (B) (before the application of this subparagraph), the Secretary of the Treasury shall reduce each of the amounts described in subparagraph (B) proportionately. (B) The amounts referred to in subparagraph (A) are the following: (i) The amount required to be covered into the Historic Preservation Fund under section 108 of the National Historic Preservation Act ( 16 U.S.C. 470h ) on the date of the enactment of this paragraph. (ii) The amount required to be credited to the Land and Water Conservation Fund under section 2(c)(2) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601–5(c)(2) ) on the date of the enactment of this paragraph. (iii) The amount required to be deposited under subparagraph (C) of paragraph (2) of this subsection. (4) Investment \nThe Secretary of the Treasury shall invest moneys in the Fund (including interest) in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement under this section. (5) Review and revision of baseline amounts \nNot later than December 31, 2008, the Secretary of the Interior, in consultation with the Secretary of the Treasury, shall— (A) determine the amount and composition of outer Continental Shelf revenues that were received by the United States in each of the fiscal years 2004 through 2008; (B) project the amount and composition of outer Continental Shelf revenues that will be received in the United States in each of the fiscal years 2009 through 2013; and (C) submit to the Congress a report regarding whether any of the dollar amounts set forth in clauses (v) though (x) of paragraph (2)(A) or paragraph (2)(B) should be modified to reflect those projections. (6) Authorization of appropriation of additional amounts \nIn addition to the amounts deposited into the Fund under paragraph (2) there are authorized to be appropriated to the Fund— (A) for each of fiscal years 2004 through 2013 up to $500,000,000; and (B) for each fiscal year after fiscal year 2013 up to 25 percent of qualified outer Continental Shelf revenues received by the United States in the preceding fiscal year. (c) Use of Secure Energy Reinvestment Fund \n(1) In general \n(A) The Secretary shall use amounts in the Fund remaining after the application of subsections (h) and (i) to pay to each Coastal Energy State that has a Secure Energy Reinvestment Plan approved by the Secretary under this section, and to coastal political subdivisions of such State, the amount allocated to the State or coastal political subdivision, respectively, under this subsection. (B) The Secretary shall make payments under this paragraph in December of 2004, and of each year thereafter, from revenues received by the United States in the immediately preceding fiscal year. (2) Allocation \nThe Secretary shall allocate amounts deposited into the Fund in a fiscal year, and other amounts determined by the Secretary to be available, among Coastal Energy States that have an approved plan, and to coastal political subdivisions of such States, as follows: (A) (i) Of the amounts made available for each of the first 10 fiscal years for which amounts are available for allocation under this paragraph, the allocation for each Coastal Energy State shall be calculated based on the ratio of qualified outer Continental Shelf revenues generated off the coastline of the Coastal Energy State to the qualified outer Continental Shelf revenues generated off the coastlines of all Coastal Energy States for the period beginning January 1, 1992, and ending December 31, 2001. (ii) Of the amounts available for a fiscal year in a subsequent 10-fiscal-year period, the allocation for each Coastal Energy State shall be calculated based on such ratio determined by the Secretary with respect to qualified outer Continental Shelf revenues generated in each subsequent corresponding 10-year period. (iii) For purposes of this subparagraph, qualified outer Continental Shelf revenues shall be considered to be generated off the coastline of a Coastal Energy State if the geographic center of the lease tract from which the revenues are generated is located within the area formed by the extension of the State’s seaward lateral boundaries, calculated using the strict and scientifically derived conventions established to delimit international lateral boundaries under the Law of the Sea, as indicated on the map entitled Calculated Seaward Lateral Boundaries and dated October 2003, on file in the Office of the Director, Minerals Management Service. (B) 35 percent of each Coastal Energy State’s allocable share as determined under subparagraph (A) shall be allocated among and paid directly to the coastal political subdivisions of the State by the Secretary based on the following formula: (i) 25 percent shall be allocated based on the ratio of each coastal political subdivision’s coastal population to the coastal population of all coastal political subdivisions of the Coastal Energy State. (ii) 25 percent shall be allocated based on the ratio of each coastal political subdivision’s coastline miles to the coastline miles of all coastal political subdivisions of the State. In the case of a coastal political subdivision without a coastline, the coastline of the political subdivision for purposes of this clause shall be one-third the average length of the coastline of the other coastal political subdivisions of the State. (iii) 50 percent shall be allocated based on a formula that allocates 75 percent of the funds based on such coastal political subdivision’s relative distance from any leased tract used to calculate that State’s allocation and 25 percent of the funds based on the relative level of outer Continental Shelf oil and gas activities in a coastal political subdivision to the level of outer Continental Shelf oil and gas activities in all coastal political subdivisions in such State, as determined by the Secretary, except that in the case of a coastal political subdivision in the State of California that has a coastal shoreline, that is not within 200 miles of the geographic center of a leased tract or portion of a leased tract, and in which there is located one or more oil refineries the allocation under this clause shall be determined as if that coastal political subdivision were located within a distance of 50 miles from the geographic center of the closest leased tract with qualified outer Continental Shelf revenues. (3) Reallocation \nAny amount allocated to a Coastal Energy State or coastal political subdivision of such a State but not disbursed because of a failure of a Coastal Energy State to have an approved plan shall be reallocated by the Secretary among all other Coastal Energy States in a manner consistent with this subsection, except that the Secretary— (A) shall hold the amount in escrow within the Fund until the earlier of the end of the next fiscal year in which the allocation is made or the final resolution of any appeal regarding the disapproval of a plan submitted by the State under this section; and (B) shall continue to hold such amount in escrow until the end of the subsequent fiscal year thereafter, if the Secretary determines that such State is making a good faith effort to develop and submit, or update, a Secure Energy Reinvestment Plan under subsection (d). (4) Minimum share \nNotwithstanding any other provision of this subsection, the amount allocated under this subsection to each Coastal Energy State each fiscal year shall be not less than 5 percent of the total amount available for that fiscal year for allocation under this subsection to Coastal Energy States, except that for any Coastal Energy State determined by the Secretary to have an area formed by the extension of the State’s seaward lateral boundary, as designated by the map referenced in paragraph (2)(A)(iii), of less than 490 square statute miles, the amount allocated to such State shall not be less than 10 percent of the total amount available for that fiscal year for allocation under this subsection. (5) Recomputation \nIf the allocation to one or more Coastal Energy States under paragraph (4) with respect to a fiscal year is greater than the amount that would be allocated to such States under this subsection if paragraph (4) did not apply, then the allocations under this subsection to all other Coastal Energy States shall be paid from the amount remaining after deduction of the amounts allocated under paragraph (4), but shall be reduced on a pro rata basis by the sum of the allocations under paragraph (4) so that not more than 100 percent of the funds available in the Fund for allocation with respect to that fiscal year is allocated. (d) Secure Energy Reinvestment Plan \n(1) Development and submission of State plans \nThe Governor of each State seeking to receive funds under this section shall prepare, and submit to the Secretary, a Secure Energy Reinvestment Plan describing planned expenditures of funds received under this section. The Governor shall include in the State plan submitted to the Secretary plans prepared by the coastal political subdivisions of the State. The Governor and the coastal political subdivision shall solicit local input and provide for public participation in the development of the State plan. In describing the planned expenditures, the State and coastal political subdivisions shall include only items that are uses authorized under subsection (e). (2) Approval or disapproval \n(A) In general \nThe Secretary may not disburse funds to a State or coastal political subdivision of a State under this section before the date the State has an approved plan. The Secretary shall approve a Secure Energy Reinvestment Plan submitted by a State under paragraph (1) if the Secretary determines that the expenditures provided for in the plan are uses authorized under subsection (e), and that the plan contains each of the following: (i) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary for purposes of this section. (ii) A program for the implementation of the plan, that (I) has as a goal improving the environment, (II) has as a goal addressing the impacts of oil and gas production from the outer Continental Shelf, and (III) includes a description of how the State and coastal political subdivisions of the State will evaluate the effectiveness of the plan. (iii) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan. (iv) Measures for taking into account other relevant Federal resources and programs. The plan shall be correlated so far as practicable with other State, regional, and local plans. (v) For any State for which the ratio determined under subsection (c)(2)(A)(i) or (c)(2)(A)(ii), as appropriate, expressed as a percentage, exceeds 25 percent, a plan to spend not less than 30 percent of the total funds provided under this section each fiscal year to that State and appropriate coastal political subdivisions, to address the socioeconomic or environmental impacts identified in the plan that remain significant or progressive after implementation of mitigation measures identified in the most current environmental impact statement (as of the date of the enactment of this clause) required under the National Environmental Protection Act of 1969 for lease sales under this Act. (vi) A plan to utilize at least one-half of the funds provided pursuant to subsection (c)(2)(B), and a portion of other funds provided to such State under this section, on programs or projects that are coordinated and conducted in partnership between the State and coastal political subdivision. (B) Procedure and timing \nThe Secretary shall approve or disapprove each plan submitted in accordance with this subsection within 90 days after its submission. (3) Amendment or revision \nAny amendment to or revision of an approved plan shall be prepared and submitted in accordance with the requirements under this paragraph for the submittal of plans, and shall be approved or disapproved by the Secretary in accordance with paragraph (2)(B). (e) Authorized uses \nA Coastal Energy State, and a coastal political subdivision of such a State, shall use amounts paid under this section (including any such amounts deposited into a trust fund administered by the State or coastal political subdivision dedicated to uses consistent with this subsection), in compliance with Federal and State law and the approved plan of the State, only for one or more of the following purposes: (1) Projects and activities, including educational activities, for the conservation, protection, or restoration of coastal areas including wetlands. (2) Mitigating damage to, or the protection of, fish, wildlife, or natural resources. (3) To the extent of such sums as are considered reasonable by the Secretary, planning assistance and administrative costs of complying with this section. (4) Implementation of federally approved plans or programs for marine, coastal, subsidence, or conservation management or for protection of resources from natural disasters. (5) Mitigating impacts of outer Continental Shelf activities through funding onshore infrastructure and public service needs. (f) Compliance with authorized uses \nIf the Secretary determines that an expenditure of an amount made by a Coastal Energy State or coastal political subdivision is not in accordance with the approved plan of the State (including the plans of coastal political subdivisions included in such plan), the Secretary shall not disburse any further amounts under this section to that Coastal Energy State or coastal political subdivision until— (1) the amount is repaid to the Secretary; or (2) the Secretary approves an amendment to the plan that authorizes the expenditure. (g) Arbitration of State and local disputes \nThe Secretary may require, as a condition of any payment under this section, that a State or coastal political subdivision in a State must submit to arbitration— (1) any dispute between the State or coastal political subdivision (or both) and the Secretary regarding implementation of this section; and (2) any dispute between the State and political subdivision regarding implementation of this section, including any failure to include, in the plan submitted by the State for purposes of subsection (d), any spending plan of the coastal political subdivision. (h) Administrative expenses \nOf amounts in the Fund each fiscal year, the Secretary may use up to one-half of one percent for the administrative costs of implementing this section. (i) Funding for consortium \n(1) In general \nOf amounts deposited into the Fund in each fiscal year 2004 through 2013, 2 percent shall be available to the Secretary of the Interior to provide funding for the Coastal Restoration and Enhancement through Science and Technology program. (2) Treatment \nAny amount available under this subsection for a fiscal year shall, for purposes of determining the amount appropriated under any other provision of law that authorizes appropriations to carry out the program referred to in paragraph (1), be treated as appropriated under that other provision. (j) Disposition of funds \nA Coastal Energy State or coastal political subdivision may use funds provided to such entity under this section, subject to subsection (e), for any payment that is eligible to be made with funds provided to States under section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ). (k) Reports \nEach fiscal year following a fiscal year in which a Coastal Energy State or coastal political subdivision of a Coastal Energy State receives funds under this section, the Governor of the Coastal Energy State, in coordination with such State’s coastal political subdivisions, shall account for all funds so received for the previous fiscal year in a written report to the Secretary. The report shall include, in accordance with regulations prescribed by the Secretary, a description of all projects and activities that received such funds. In order to avoid duplication, such report may incorporate, by reference, any other reports required to be submitted under other provisions of law. (l) Signs \nThe Secretary shall require, as a condition of any allocation of funds provided with amounts made available by this section, that each State and coastal political subdivision shall include on any sign otherwise installed at any site at or near an entrance or public use focal point area for which such funds are used, a statement that the existence or development of the site (or both), as appropriate, is a product of such funds.", "id": "H4C598DEEDC0D49F489A947E2898B25F9", "header": "Domestic offshore energy reinvestment program" }, { "text": "1431. Change in composition, operation, and duties of the Board of Directors of the Tennessee Valley Authority \nThe Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ) is amended by striking section 2 and inserting the following: 2. Membership, operation, and duties of the Board of Directors \n(a) Membership \n(1) Appointment \nThe Board of Directors of the Corporation (referred to in this Act as the Board ) shall be composed of 9 members appointed by the President by and with the advice and consent of the Senate, at least 5 of whom shall be a legal resident of a State any part of which is in the service area of the Corporation. (2) Chairman \nThe members of the Board shall select 1 of the members to act as chairman of the Board. (b) Qualifications \nTo be eligible to be appointed as a member of the Board, an individual— (1) shall be a citizen of the United States; (2) shall have management expertise relative to a large for-profit or nonprofit corporate, government, or academic structure; (3) shall not be an employee of the Corporation; and (4) shall make full disclosure to Congress of any investment or other financial interest that the individual holds in the energy industry. (c) Recommendations \nIn appointing members of the Board, the President shall— (1) consider recommendations from such public officials as— (A) the Governors of States in the service area; (B) individual citizens; (C) business, industrial, labor, electric power distribution, environmental, civic, and service organizations; and (D) the congressional delegations of the States in the service area; and (2) seek qualified members from among persons who reflect the diversity, including the geographical diversity, and needs of the service area of the Corporation. (d) Terms \n(1) In general \nA member of the Board shall serve a term of 5 years. A member of the Board whose term has expired may continue to serve after the member’s term has expired until the date on which a successor takes office, except that the member shall not serve beyond the end of the session of Congress in which the term of the member expires. (2) Vacancies \nA member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. (e) Quorum \n(1) In general \nFive of the members of the Board shall constitute a quorum for the transaction of business. (2) Vacancies \nA vacancy on the Board shall not impair the power of the Board to act. (f) Compensation \n(1) In general \nA member of the Board shall be entitled to receive— (A) a stipend of— (i) $45,000 per year; or (ii) (I) in the case of the chairman of any committee of the Board created by the Board, $46,000 per year; or (II) in the case of the chairman of the Board, $50,000 per year; and (B) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (2) Adjustments in stipends \nThe amount of the stipend under paragraph (1)(A)(i) shall be adjusted by the same percentage, at the same time and manner, and subject to the same limitations as are applicable to adjustments under section 5318 of title 5, United States Code. (g) Duties \n(1) In general \nThe Board shall— (A) establish the broad goals, objectives, and policies of the Corporation that are appropriate to carry out this Act; (B) develop long-range plans to guide the Corporation in achieving the goals, objectives, and policies of the Corporation and provide assistance to the chief executive officer to achieve those goals, objectives, and policies; (C) ensure that those goals, objectives, and policies are achieved; (D) approve an annual budget for the Corporation; (E) adopt and submit to Congress a conflict-of-interest policy applicable to members of the Board and employees of the Corporation; (F) establish a compensation plan for employees of the Corporation in accordance with subsection (i); (G) approve all compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) of all managers and technical personnel that report directly to the chief executive officer (including any adjustment to compensation); (H) ensure that all activities of the Corporation are carried out in compliance with applicable law; (I) create an audit committee, composed solely of Board members independent of the management of the Corporation, which shall— (i) in consultation with the inspector general of the Corporation, recommend to the Board an external auditor; (ii) receive and review reports from the external auditor of the Corporation and inspector general of the Corporation; and (iii) make such recommendations to the Board as the audit committee considers necessary; (J) create such other committees of Board members as the Board considers to be appropriate; (K) conduct such public hearings as it deems appropriate on issues that could have a substantial effect on— (i) the electric ratepayers in the service area; or (ii) the economic, environmental, social, or physical well-being of the people of the service area; (L) establish the electricity rates charged by the Corporation; and (M) engage the services of an external auditor for the Corporation. (2) Meetings \nThe Board shall meet at least 4 times each year. (h) Chief executive officer \n(1) Appointment \nThe Board shall appoint a person to serve as chief executive officer of the Corporation. (2) Qualifications \n(A) In general \nTo serve as chief executive officer of the Corporation, a person— (i) shall have senior executive-level management experience in large, complex organizations; (ii) shall not be a current member of the Board or have served as a member of the Board within 2 years before being appointed chief executive officer; and (iii) shall comply with the conflict-of-interest policy adopted by the Board. (B) Expertise \nIn appointing a chief executive officer, the Board shall give particular consideration to appointing an individual with expertise in the electric industry and with strong financial skills. (3) Tenure \nThe chief executive officer shall serve at the pleasure of the Board. (i) Compensation plan \n(1) In general \nThe Board shall approve a compensation plan that specifies all compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) for the chief executive officer and employees of the Corporation. (2) Annual survey \nThe compensation plan shall be based on an annual survey of the prevailing compensation for similar positions in private industry, including engineering and electric utility companies, publicly owned electric utilities, and Federal, State, and local governments. (3) Considerations \nThe compensation plan shall provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs will be taken into account in determining compensation of employees. (4) Positions at or below level IV \nThe chief executive officer shall determine the salary and benefits of employees whose annual salary is not greater than the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Positions above level IV \nOn the recommendation of the chief executive officer, the Board shall approve the salaries of employees whose annual salaries would be in excess of the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code..", "id": "H01A15DC5FAA14EED83DFEF80735559C", "header": "Change in composition, operation, and duties of the Board of Directors of the Tennessee Valley Authority" }, { "text": "2. Membership, operation, and duties of the Board of Directors \n(a) Membership \n(1) Appointment \nThe Board of Directors of the Corporation (referred to in this Act as the Board ) shall be composed of 9 members appointed by the President by and with the advice and consent of the Senate, at least 5 of whom shall be a legal resident of a State any part of which is in the service area of the Corporation. (2) Chairman \nThe members of the Board shall select 1 of the members to act as chairman of the Board. (b) Qualifications \nTo be eligible to be appointed as a member of the Board, an individual— (1) shall be a citizen of the United States; (2) shall have management expertise relative to a large for-profit or nonprofit corporate, government, or academic structure; (3) shall not be an employee of the Corporation; and (4) shall make full disclosure to Congress of any investment or other financial interest that the individual holds in the energy industry. (c) Recommendations \nIn appointing members of the Board, the President shall— (1) consider recommendations from such public officials as— (A) the Governors of States in the service area; (B) individual citizens; (C) business, industrial, labor, electric power distribution, environmental, civic, and service organizations; and (D) the congressional delegations of the States in the service area; and (2) seek qualified members from among persons who reflect the diversity, including the geographical diversity, and needs of the service area of the Corporation. (d) Terms \n(1) In general \nA member of the Board shall serve a term of 5 years. A member of the Board whose term has expired may continue to serve after the member’s term has expired until the date on which a successor takes office, except that the member shall not serve beyond the end of the session of Congress in which the term of the member expires. (2) Vacancies \nA member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. (e) Quorum \n(1) In general \nFive of the members of the Board shall constitute a quorum for the transaction of business. (2) Vacancies \nA vacancy on the Board shall not impair the power of the Board to act. (f) Compensation \n(1) In general \nA member of the Board shall be entitled to receive— (A) a stipend of— (i) $45,000 per year; or (ii) (I) in the case of the chairman of any committee of the Board created by the Board, $46,000 per year; or (II) in the case of the chairman of the Board, $50,000 per year; and (B) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (2) Adjustments in stipends \nThe amount of the stipend under paragraph (1)(A)(i) shall be adjusted by the same percentage, at the same time and manner, and subject to the same limitations as are applicable to adjustments under section 5318 of title 5, United States Code. (g) Duties \n(1) In general \nThe Board shall— (A) establish the broad goals, objectives, and policies of the Corporation that are appropriate to carry out this Act; (B) develop long-range plans to guide the Corporation in achieving the goals, objectives, and policies of the Corporation and provide assistance to the chief executive officer to achieve those goals, objectives, and policies; (C) ensure that those goals, objectives, and policies are achieved; (D) approve an annual budget for the Corporation; (E) adopt and submit to Congress a conflict-of-interest policy applicable to members of the Board and employees of the Corporation; (F) establish a compensation plan for employees of the Corporation in accordance with subsection (i); (G) approve all compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) of all managers and technical personnel that report directly to the chief executive officer (including any adjustment to compensation); (H) ensure that all activities of the Corporation are carried out in compliance with applicable law; (I) create an audit committee, composed solely of Board members independent of the management of the Corporation, which shall— (i) in consultation with the inspector general of the Corporation, recommend to the Board an external auditor; (ii) receive and review reports from the external auditor of the Corporation and inspector general of the Corporation; and (iii) make such recommendations to the Board as the audit committee considers necessary; (J) create such other committees of Board members as the Board considers to be appropriate; (K) conduct such public hearings as it deems appropriate on issues that could have a substantial effect on— (i) the electric ratepayers in the service area; or (ii) the economic, environmental, social, or physical well-being of the people of the service area; (L) establish the electricity rates charged by the Corporation; and (M) engage the services of an external auditor for the Corporation. (2) Meetings \nThe Board shall meet at least 4 times each year. (h) Chief executive officer \n(1) Appointment \nThe Board shall appoint a person to serve as chief executive officer of the Corporation. (2) Qualifications \n(A) In general \nTo serve as chief executive officer of the Corporation, a person— (i) shall have senior executive-level management experience in large, complex organizations; (ii) shall not be a current member of the Board or have served as a member of the Board within 2 years before being appointed chief executive officer; and (iii) shall comply with the conflict-of-interest policy adopted by the Board. (B) Expertise \nIn appointing a chief executive officer, the Board shall give particular consideration to appointing an individual with expertise in the electric industry and with strong financial skills. (3) Tenure \nThe chief executive officer shall serve at the pleasure of the Board. (i) Compensation plan \n(1) In general \nThe Board shall approve a compensation plan that specifies all compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) for the chief executive officer and employees of the Corporation. (2) Annual survey \nThe compensation plan shall be based on an annual survey of the prevailing compensation for similar positions in private industry, including engineering and electric utility companies, publicly owned electric utilities, and Federal, State, and local governments. (3) Considerations \nThe compensation plan shall provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs will be taken into account in determining compensation of employees. (4) Positions at or below level IV \nThe chief executive officer shall determine the salary and benefits of employees whose annual salary is not greater than the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Positions above level IV \nOn the recommendation of the chief executive officer, the Board shall approve the salaries of employees whose annual salaries would be in excess of the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "H918DE30828F04DAEBDA3BBFDB69F26F", "header": "Membership, operation, and duties of the Board of Directors" }, { "text": "1432. Change in manner of appointment of staff \nSection 3 of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831b ) is amended— (1) by striking the first undesignated paragraph and inserting the following: (a) Appointment by the chief executive officer \nThe chief executive officer shall appoint, with the advice and consent of the Board, and without regard to the provisions of the civil service laws applicable to officers and employees of the United States, such managers, assistant managers, officers, employees, attorneys, and agents as are necessary for the transaction of the business of the Corporation. ; and (2) by striking All contracts and inserting the following: (b) Wage rates \nAll contracts.", "id": "HC5BB1DF0DDB34448980014C77F15604D", "header": "Change in manner of appointment of staff" }, { "text": "1433. Conforming amendments \n(a) The Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ) is amended— (1) by striking board of directors each place it appears and inserting Board of Directors ; and (2) by striking board each place it appears and inserting Board. (b) Section 9 of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831h ) is amended— (1) by striking The Comptroller General of the United States shall audit and inserting the following: (c) Audits \nThe Comptroller General of the United States shall audit ; and (2) by striking The Corporation shall determine and inserting the following: (d) Administrative accounts and business documents \nThe Corporation shall determine. (c) Title 5, United States Code, is amended— (1) in section 5314, by striking Chairman, Board of Directors of the Tennessee Valley Authority. ; and (2) in section 5315, by striking Members, Board of Directors of the Tennessee Valley Authority..", "id": "HABA0FAA81FD7487F8F1230DE9469EE7", "header": "Conforming amendments" }, { "text": "1434. Appointments; effective date; transition \n(a) Appointments \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the President shall submit to the Senate nominations of 6 persons to serve as members of the Board of Directors of the Tennessee Valley Authority in addition to the members serving on the date of enactment of this Act. (2) Initial terms \nNotwithstanding section 2(d) of the Tennessee Valley Authority Act of 1933 (as amended by this subtitle), in making the appointments under paragraph (1), the President shall appoint— (A) 2 members for a term to expire on May 18, 2006; (B) 2 members for a term to expire on May 18, 2008; and (C) 2 members for a term to expire on May 18, 2010. (b) Effective date \nThe amendments made by this section and sections 1431, 1432, and 1433 take effect on the later of the date on which at least 3 persons nominated under subsection (a) take office or May 18, 2005. (c) Selection of chairman \nThe Board of Directors of the Tennessee Valley Authority shall select 1 of the members to act as chairman of the Board not later than 30 days after the effective date of this section. (d) Conflict-of-interest policy \nThe Board of Directors of the Tennessee Valley Authority shall adopt and submit to Congress a conflict-of-interest policy, as required by section 2(g)(1)(E) of the Tennessee Valley Authority Act of 1933 (as amended by this subtitle), as soon as practicable after the effective date of this section. (e) Transition \nA person who is serving as a member of the board of directors of the Tennessee Valley Authority on the date of enactment of this Act— (1) shall continue to serve until the end of the current term of the member; but (2) after the effective date specified in subsection (b), shall serve under the terms of the Tennessee Valley Authority Act of 1933 (as amended by this subtitle); and (3) may not be reappointed.", "id": "H09565B754DF048F29671CBEF2488E64F", "header": "Appointments; effective date; transition" }, { "text": "1441. Continuation of transmission security order \nDepartment of Energy Order No. 202-03-2, issued by the Secretary of Energy on August 28, 2003, shall remain in effect unless rescinded by Federal statute.", "id": "HD29823264D9C4F66A6B300CCA3140050", "header": "Continuation of transmission security order" }, { "text": "1442. Review of agency determinations \nSection 7 of the Natural Gas Act ( 15 U.S.C. 717f ) is amended by adding at the end the following: (i) (1) The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any civil action— (A) for review of any order or action of any Federal or State administrative agency or officer to issue, condition, or deny any permit, license, concurrence, or approval issued under authority of any Federal law, other than the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ), required for the construction of a natural gas pipeline for which a certificate of public convenience and necessity is issued by the Commission under this section; (B) alleging unreasonable delay by any Federal or State administrative agency or officer in entering an order or taking other action described in subparagraph (A); or (C) challenging any decision made or action taken under this subsection. (2) (A) If the Court finds that the order, action, or failure to act is not consistent with the public convenience and necessity (as determined by the Commission under this section), or would prevent the construction and operation of natural gas facilities authorized by the certificate of public convenience and necessity, the permit, license, concurrence, or approval that is the subject of the order, action, or failure to act shall be deemed to have been issued subject to any conditions set forth in the reviewed order or action that the Court finds to be consistent with the public convenience and necessity. (B) For purposes of paragraph (1)(B), the failure of an agency or officer to issue any such permit, license, concurrence, or approval within the later of 1 year after the date of filing of an application for the permit, license, concurrence, or approval or 60 days after the date of issuance of the certificate of public convenience and necessity under this section, shall be considered to be unreasonable delay unless the Court, for good cause shown, determines otherwise. (C) The Court shall set any action brought under paragraph (1) for expedited consideration..", "id": "H23ABAF61083441859EE906DDA604B32B", "header": "Review of agency determinations" }, { "text": "1443. Attainment dates for downwind ozone nonattainment areas \nSection 181 of the Clean Air Act (42 U.S.C.7511) is amended by adding the following new subsection at the end thereof: (d) Extended attainment date for certain downwind areas \n(1) Definitions \n(A) The term upwind area means an area that— (i) significantly contributes to nonattainment in another area, hereinafter referred to as a downwind area ; and (ii) is either— (I) a nonattainment area with a later attainment date than the downwind area, or (II) an area in another State that the Administrator has found to be significantly contributing to nonattainment in the downwind area in violation of section 110(a)(2)(D) and for which the Administrator has established requirements through notice and comment rulemaking to eliminate the emissions causing such significant contribution. (B) The term current classification means the classification of a downwind area under this section at the time of the determination under paragraph (2). (2) Extension \nIf the Administrator— (A) determines that any area is a downwind area with respect to a particular national ambient air quality standard for ozone; and (B) approves a plan revision for such area as provided in paragraph (3) prior to a reclassification under subsection (b)(2)(A), the Administrator, in lieu of such reclassification, shall extend the attainment date for such downwind area for such standard in accordance with paragraph (5). (3) Required approval \nIn order to extend the attainment date for a downwind area under this subsection, the Administrator must approve a revision of the applicable implementation plan for the downwind area for such standard that— (A) complies with all requirements of this Act applicable under the current classification of the downwind area, including any requirements applicable to the area under section 172(c) for such standard; and (B) includes any additional measures needed to demonstrate attainment by the extended attainment date provided under this subsection. (4) Prior reclassification determination \nIf, no more than 18 months prior to the date of enactment of this subsection, the Administrator made a reclassification determination under subsection (b)(2)(A) for any downwind area, and the Administrator approves the plan revision referred to in paragraph (3) for such area within 12 months after the date of enactment of this subsection, the reclassification shall be withdrawn and the attainment date extended in accordance with paragraph (5) upon such approval. The Administrator shall also withdraw a reclassification determination under subsection (b)(2)(A) made after the date of enactment of this subsection and extend the attainment date in accordance with paragraph (5) if the Administrator approves the plan revision referred to in paragraph (3) within 12 months of the date the reclassification determination under subsection (b)(2)(A) is issued. In such instances the current classification used for evaluating the revision of the applicable implementation plan under paragraph (3) shall be the classification of the downwind area under this section immediately prior to such reclassification. (5) Extended date \nThe attainment date extended under this subsection shall provide for attainment of such national ambient air quality standard for ozone in the downwind area as expeditiously as practicable but no later than the date on which the last reductions in pollution transport necessary for attainment in the downwind area are required to be achieved by the upwind area or areas..", "id": "HFD55BB3CDB2140B08EFA60424D4FE860", "header": "Attainment dates for downwind ozone nonattainment areas" }, { "text": "1444. Energy production incentives \n(a) In general \nA State may provide to any entity— (1) a credit against any tax or fee owed to the State under a State law, or (2) any other tax incentive, determined by the State to be appropriate, in the amount calculated under and in accordance with a formula determined by the State, for production described in subsection (b) in the State by the entity that receives such credit or such incentive. (b) Eligible entities \nSubsection (a) shall apply with respect to the production in the State of— (1) electricity from coal mined in the State and used in a facility, if such production meets all applicable Federal and State laws and if such facility uses scrubbers or other forms of clean coal technology, (2) electricity from a renewable source such as wind, solar, or biomass, or (3) ethanol. (c) Effect on interstate commerce \nAny action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after the date of the enactment of this Act shall— (1) be considered to be a reasonable regulation of commerce; and (2) not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate commerce.", "id": "H8F1F35A7787740308C9BA4B03DD90895", "header": "Energy production incentives" }, { "text": "1445. Use of granular mine tailings \n(a) Amendment \nSubtitle F of the Solid Waste Disposal Act ( 42 U.S.C. 6961 et seq. ) is amended by adding at the end the following: 6006. Use of granular mine tailings \n(a) Mine tailings \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as chat , for— (A) cement or concrete projects; and (B) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds. (2) Requirements \nIn establishing criteria under paragraph (1), the Administrator shall consider— (A) the current and previous uses of granular mine tailings as an aggregate for asphalt; and (B) any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings. (3) Public participation \nIn establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public. (4) Applicability of criteria \nOn the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a transportation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1). (b) Effect of sections \nNothing in this section or section 6005 affects any requirement of any law (including a regulation) in effect on the date of enactment of this section.. (b) Conforming amendment \nThe table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle F the following: Sec. 6006. Use of granular mine tailings.", "id": "H2B5E10113D864D3983F400D6EA8900B6", "header": "Use of granular mine tailings" }, { "text": "6006. Use of granular mine tailings \n(a) Mine tailings \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as chat , for— (A) cement or concrete projects; and (B) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds. (2) Requirements \nIn establishing criteria under paragraph (1), the Administrator shall consider— (A) the current and previous uses of granular mine tailings as an aggregate for asphalt; and (B) any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings. (3) Public participation \nIn establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public. (4) Applicability of criteria \nOn the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a transportation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1). (b) Effect of sections \nNothing in this section or section 6005 affects any requirement of any law (including a regulation) in effect on the date of enactment of this section.", "id": "HE9EC67DF8DB44702B944449356AAE2EA", "header": "Use of granular mine tailings" }, { "text": "1501. Renewable content of motor vehicle fuel \n(a) In general \nSection 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended— (1) by redesignating subsection (o) as subsection (q); and (2) by inserting after subsection (n) the following: (o) Renewable fuel program \n(1) Definitions \nIn this section: (A) Ethanol \n(i) The term cellulosic biomass ethanol means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including— (I) dedicated energy crops and trees; (II) wood and wood residues; (III) plants; (IV) grasses; (V) agricultural residues; and (VI) fibers. (ii) The term waste derived ethanol means ethanol derived from— (I) animal wastes, including poultry fats and poultry wastes, and other waste materials; or (II) municipal solid waste. (B) Renewable fuel \n(i) In general \nThe term renewable fuel means motor vehicle fuel that— (I) (aa) is produced from grain, starch, oilseeds, or other biomass; or (bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and (II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (ii) Inclusion \nThe term renewable fuel includes cellulosic biomass ethanol, waste derived ethanol, and biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 ( 42 U.S.C. 13220(f) ) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). (C) Small refinery \nThe term small refinery means a refinery for which average aggregate daily crude oil throughput for the calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. (2) Renewable fuel program \n(A) In general \nNot later than 1 year after the enactment of this subsection, the Administrator shall promulgate regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains the applicable volume of renewable fuel as specified in subparagraph (B). Regardless of the date of promulgation, such regulations shall contain compliance provisions for refiners, blenders, and importers, as appropriate, to ensure that the requirements of this section are met, but shall not restrict where renewable fuel can be used, or impose any per-gallon obligation for the use of renewable fuel. If the Administrator does not promulgate such regulations, the applicable percentage referred to in paragraph (4), on a volume percentage of gasoline basis, shall be 2.2 in 2005. (B) Applicable volume \n(i) Calendar years 2005 through 2012 \nFor the purpose of subparagraph (A), the applicable volume for any of calendar years 2005 through 2012 shall be determined in accordance with the following table: Applicable volume of renewable fuel Calendar year (in billions of gallons) 2005 3.1 2006 3.3 2007 3.5 2008 3.8 2009 4.1 2010 4.4 2011 4.7 2012 5.0 (ii) Calendar year 2013 and thereafter \nFor the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be equal to the product obtained by multiplying— (I) the number of gallons of gasoline that the Administrator estimates will be sold or introduced into commerce in the calendar year; and (II) the ratio that— (aa) 5.0 billion gallons of renewable fuels; bears to (bb) the number of gallons of gasoline sold or introduced into commerce in calendar year 2012. (3) Non-contiguous State opt-in \nUpon the petition of a non-contiguous State, the Administrator may allow the renewable fuel program established by subtitle A of title XV of the Energy Policy Act of 2003 to apply in such non-contiguous State at the same time or any time after the Administrator promulgates regulations under paragraph (2). The Administrator may promulgate or revise regulations under paragraph (2), establish applicable percentages under paragraph (4), provide for the generation of credits under paragraph (6), and take such other actions as may be necessary to allow for the application of the renewable fuels program in a non-contiguous State. (4) Applicable percentages \n(A) Provision of estimate of volumes of gasoline sales \nNot later than October 31 of each of calendar years 2004 through 2011, the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate of the volumes of gasoline that will be sold or introduced into commerce in the United States during the following calendar year. (B) Determination of applicable percentages \n(i) In general \nNot later than November 30 of each of the calendar years 2004 through 2011, based on the estimate provided under subparagraph (A), the Administrator shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of paragraph (2) are met. (ii) Required elements \nThe renewable fuel obligation determined for a calendar year under clause (i) shall— (I) be applicable to refiners, blenders, and importers, as appropriate; (II) be expressed in terms of a volume percentage of gasoline sold or introduced into commerce; and (III) subject to subparagraph (C)(i), consist of a single applicable percentage that applies to all categories of persons specified in subclause (I). (C) Adjustments \nIn determining the applicable percentage for a calendar year, the Administrator shall make adjustments— (i) to prevent the imposition of redundant obligations to any person specified in subparagraph (B)(ii)(I); and (ii) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under paragraph (11). (5) Equivalency \nFor the purpose of paragraph (2), 1 gallon of either cellulosic biomass ethanol or waste derived ethanol— (A) shall be considered to be the equivalent of 1.5 gallon of renewable fuel; or (B) if the cellulostic biomass ethanol or waste derived ethanol is derived from agricultural residue or is an agricultural byproduct (as that term is used in section 919 of the Energy Policy Act of 2003), shall be considered to be the equivalent of 2.5 gallons of renewable fuel. (6) Credit program \n(A) In general \nThe regulations promulgated to carry out this subsection shall provide for the generation of an appropriate amount of credits by any person that refines, blends, or imports gasoline that contains a quantity of renewable fuel that is greater than the quantity required under paragraph (2). Such regulations shall provide for the generation of an appropriate amount of credits for biodiesel fuel. If a small refinery notifies the Administrator that it waives the exemption provided paragraph (11), the regulations shall provide for the generation of credits by the small refinery beginning in the year following such notification. (B) Use of credits \nA person that generates credits under subparagraph (A) may use the credits, or transfer all or a portion of the credits to another person, for the purpose of complying with paragraph (2). (C) Life of credits \nA credit generated under this paragraph shall be valid to show compliance— (i) in the calendar year in which the credit was generated or the next calendar year; or (ii) in the calendar year in which the credit was generated or next two consecutive calendar years if the Administrator promulgates regulations under paragraph (7). (D) Inability to purchase sufficient credits \nThe regulations promulgated to carry out this subsection shall include provisions allowing any person that is unable to generate or purchase sufficient credits to meet the requirements under paragraph (2) to carry forward a renewable fuel deficit provided that, in the calendar year following the year in which the renewable fuel deficit is created, such person shall achieve compliance with the renewable fuel requirement under paragraph (2), and shall generate or purchase additional renewable fuel credits to offset the renewable fuel deficit of the previous year. (7) Seasonal variations in renewable fuel use \n(A) Study \nFor each of the calendar years 2005 through 2012, the Administrator of the Energy Information Administration shall conduct a study of renewable fuels blending to determine whether there are excessive seasonal variations in the use of renewable fuels. (B) Regulation of excessive seasonal variations \nIf, for any calendar year, the Administrator of the Energy Information Administration, based on the study under subparagraph (A), makes the determinations specified in subparagraph (C), the Administrator shall promulgate regulations to ensure that 35 percent or more of the quantity of renewable fuels necessary to meet the requirement of paragraph (2) is used during each of the periods specified in subparagraph (D) of each subsequent calendar year. (C) Determinations \nThe determinations referred to in subparagraph (B) are that— (i) less than 35 percent of the quantity of renewable fuels necessary to meet the requirement of paragraph (2) has been used during one of the periods specified in subparagraph (D) of the calendar year; (ii) a pattern of excessive seasonal variation described in clause (i) will continue in subsequent calendar years; and (iii) promulgating regulations or other requirements to impose a 35 percent or more seasonal use of renewable fuels will not prevent or interfere with the attainment of national ambient air quality standards or significantly increase the price of motor fuels to the consumer. (D) Periods \nThe two periods referred to in this paragraph are— (i) April through September; and (ii) January through March and October through December. (E) Exclusions \nRenewable fuels blended or consumed in 2005 in a State which has received a waiver under section 209(b) shall not be included in the study in subparagraph (A). (8) Waivers \n(A) In general \nThe Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirement of paragraph (2) in whole or in part on petition by one or more States by reducing the national quantity of renewable fuel required under this subsection— (i) based on a determination by the Administrator, after public notice and opportunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or (ii) based on a determination by the Administrator, after public notice and opportunity for comment, that there is an inadequate domestic supply or distribution capacity to meet the requirement. (B) Petitions for waivers \nThe Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove a State petition for a waiver of the requirement of paragraph (2) within 90 days after the date on which the petition is received by the Administrator. (C) Termination of waivers \nA waiver granted under subparagraph (A) shall terminate after 1 year, but may be renewed by the Administrator after consultation with the Secretary of Agriculture and the Secretary of Energy. (9) Study and waiver for initial year of program \nNot later than 180 days after the enactment of this subsection, the Secretary of Energy shall complete for the Administrator a study assessing whether the renewable fuels requirement under paragraph (2) will likely result in significant adverse consumer impacts in 2005, on a national, regional, or State basis. Such study shall evaluate renewable fuel supplies and prices, blendstock supplies, and supply and distribution system capabilities. Based on such study, the Secretary shall make specific recommendations to the Administrator regarding waiver of the requirements of paragraph (2), in whole or in part, to avoid any such adverse impacts. Within 270 days after the enactment of this subsection, the Administrator shall, consistent with the recommendations of the Secretary, waive, in whole or in part, the renewable fuels requirement under paragraph (2) by reducing the national quantity of renewable fuel required under this subsection in 2005. This paragraph shall not be interpreted as limiting the Administrator’s authority to waive the requirements of paragraph (2) in whole, or in part, under paragraph (8) or paragraph (10), pertaining to waivers. (10) Assessment and waiver \nThe Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall evaluate the requirement of paragraph (2) and determine, prior to January 1, 2007, and prior to January 1 of any subsequent year in which the applicable volume of renewable fuel is increased under paragraph (2)(B), whether the requirement of paragraph (2), including the applicable volume of renewable fuel contained in paragraph (2)(B) should remain in effect, in whole or in part, during 2007 or any year or years subsequent to 2007. In evaluating the requirement of paragraph (2) and in making any determination under this section, the Administrator shall consider the best available information and data collected by accepted methods or best available means regarding— (A) the capacity of renewable fuel producers to supply an adequate amount of renewable fuel at competitive prices to fulfill the requirement of paragraph (2); (B) the potential of the requirement of paragraph (2) to significantly raise the price of gasoline, food (excluding the net price impact on the requirement in paragraph (2) on commodities used in the production of ethanol), or heating oil for consumers in any significant area or region of the country above the price that would otherwise apply to such commodities in the absence of such requirement; (C) the potential of the requirement of paragraph (2) to interfere with the supply of fuel in any significant gasoline market or region of the country, including interference with the efficient operation of refiners, blenders, importers, wholesale suppliers, and retail vendors of gasoline, and other motor fuels; and (D) the potential of the requirement of paragraph (2) to cause or promote exceedances of Federal, State, or local air quality standards. If the Administrator determines, by clear and convincing information, after public notice and the opportunity for comment, that the requirement of paragraph (2) would have significant and meaningful adverse impact on the supply of fuel and related infrastructure or on the economy, public health, or environment of any significant area or region of the country, the Administrator may waive, in whole or in part, the requirement of paragraph (2) in any one year for which the determination is made for that area or region of the country, except that any such waiver shall not have the effect of reducing the applicable volume of renewable fuel specified in paragraph (2)(B) with respect to any year for which the determination is made. In determining economic impact under this paragraph, the Administrator shall not consider the reduced revenues available from the Highway Trust Fund ( section 9503 of the Internal Revenue Code of 1986) as a result of the use of ethanol. (11) Small refineries \n(A) In general \nThe requirement of paragraph (2) shall not apply to small refineries until the first calendar year beginning more than 5 years after the first year set forth in the table in paragraph (2)(B)(i). Not later than December 31, 2007, the Secretary of Energy shall complete for the Administrator a study to determine whether the requirement of paragraph (2) would impose a disproportionate economic hardship on small refineries. For any small refinery that the Secretary of Energy determines would experience a disproportionate economic hardship, the Administrator shall extend the small refinery exemption for such small refinery for no less than two additional years. (B) Economic hardship \n(i) Extension of exemption \nA small refinery may at any time petition the Administrator for an extension of the exemption from the requirement of paragraph (2) for the reason of disproportionate economic hardship. In evaluating a hardship petition, the Administrator, in consultation with the Secretary of Energy, shall consider the findings of the study in addition to other economic factors. (ii) Deadline for action on petitions \nThe Administrator shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the receipt of the petition. (C) Credit program \nIf a small refinery notifies the Administrator that it waives the exemption provided by this Act, the regulations shall provide for the generation of credits by the small refinery beginning in the year following such notification. (D) Opt-in for small refiners \nA small refinery shall be subject to the requirements of this section if it notifies the Administrator that it waives the exemption under subparagraph (A). (12) Ethanol market concentration analysis \n(A) Analysis \n(i) In general \nNot later than 180 days after the date of enactment of this subsection, and annually thereafter, the Federal Trade Commission shall perform a market concentration analysis of the ethanol production industry using the Herfindahl-Hirschman Index to determine whether there is sufficient competition among industry participants to avoid price setting and other anticompetitive behavior. (ii) Scoring \nFor the purpose of scoring under clause (i) using the Herfindahl-Hirschman Index, all marketing arrangements among industry participants shall be considered. (B) Report \nNot later than December 1, 2004, and annually thereafter, the Federal Trade Commission shall submit to Congress and the Administrator a report on the results of the market concentration analysis performed under subparagraph (A)(i).. (b) Penalties and enforcement \nSection 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) ) is amended as follows: (1) In paragraph (1)— (A) in the first sentence, by striking or (n) each place it appears and inserting (n), or (o) ; and (B) in the second sentence, by striking or (m) and inserting (m), or (o). (2) In the first sentence of paragraph (2), by striking and (n) each place it appears and inserting (n), and (o). (c) Survey of renewable fuel market \n(1) Survey and report \nNot later than December 1, 2006, and annually thereafter, the Administrator of the Environmental Protection Agency (in consultation with the Secretary of Energy acting through the Administrator of the Energy Information Administration) shall— (A) conduct, with respect to each conventional gasoline use area and each reformulated gasoline use area in each State, a survey to determine the market shares of— (i) conventional gasoline containing ethanol; (ii) reformulated gasoline containing ethanol; (iii) conventional gasoline containing renewable fuel; and (iv) reformulated gasoline containing renewable fuel; and (B) submit to Congress, and make publicly available, a report on the results of the survey under subparagraph (A). (2) Recordkeeping and reporting requirements \nThe Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the Administrator ) may require any refiner, blender, or importer to keep such records and make such reports as are necessary to ensure that the survey conducted under paragraph (1) is accurate. The Administrator, to avoid duplicative requirements, shall rely, to the extent practicable, on existing reporting and recordkeeping requirements and other information available to the Administrator including gasoline distribution patterns that include multistate use areas. (3) Applicable law \nActivities carried out under this subsection shall be conducted in a manner designed to protect confidentiality of individual responses.", "id": "HCA6BE96B347A41029B5DDFC8648DC346", "header": "Renewable content of motor vehicle fuel" }, { "text": "1502. Fuels safe harbor \n(a) In general \nNotwithstanding any other provision of Federal or State law, no renewable fuel, as defined by section 211(o)(1) of the Clean Air Act , or methyl tertiary butyl ether (hereinafterin this section referred to as MTBE ), used or intended to be used as a motor vehicle fuel, nor any motor vehicle fuel containing such renewable fuel or MTBE, shall be deemed a defective product by virtue of the fact that it is, or contains, such a renewable fuel or MTBE, if it does not violate a control or prohibition imposed by the Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the Administrator ) under section 211 of such Act, and the manufacturer is in compliance with all requests for information under subsection (b) of such section 211 of such Act. If the safe harbor provided by this section does not apply, the existence of a claim of defective product shall be determined under otherwise applicable law. Nothing in this subsection shall be construed to affect the liability of any person for environmental remediation costs, drinking water contamination, negligence for spills or other reasonably foreseeable events, public or private nuisance, trespass, breach of warranty, breach of contract, or any other liability other than liability based upon a claim of defective product. (b) Effective date \nThis section shall be effective as of September 5, 2003, and shall apply with respect to all claims filed on or after that date.", "id": "HE945454CB0F2400BBA00EBF7D743BB00", "header": "Fuels safe harbor" }, { "text": "1503. Findings and MTBE transition assistance \n(a) Findings \nCongress finds that— (1) since 1979, methyl tertiary butyl ether (hereinafter in this section referred to as MTBE ) has been used nationwide at low levels in gasoline to replace lead as an octane booster or anti-knocking agent; (2) Public Law 101–549 (commonly known as the Clean Air Act Amendments of 1990 ) ( 42 U.S.C. 7401 et seq. ) established a fuel oxygenate standard under which reformulated gasoline must contain at least 2 percent oxygen by weight; (3) at the time of the adoption of the fuel oxygen standard, Congress was aware that significant use of MTBE would result from the adoption of that standard, and that the use of MTBE would likely be important to the cost-effective implementation of that program; (4) Congress was aware that gasoline and its component additives can and do leak from storage tanks; (5) the fuel industry responded to the fuel oxygenate standard established by Public Law 101–549 by making substantial investments in— (A) MTBE production capacity; and (B) systems to deliver MTBE-containing gasoline to the marketplace; (6) having previously required oxygenates like MTBE for air quality purposes, Congress has— (A) reconsidered the relative value of MTBE in gasoline; (B) decided to establish a date certain for action by the Environmental Protection Agency to prohibit the use of MTBE in gasoline; and (C) decided to provide for the elimination of the oxygenate requirement for reformulated gasoline and to provide for a renewable fuels content requirement for motor fuel; and (7) it is appropriate for Congress to provide some limited transition assistance— (A) to merchant producers of MTBE who produced MTBE in response to a market created by the oxygenate requirement contained in the Clean Air Act ; and (B) for the purpose of mitigating any fuel supply problems that may result from the elimination of the oxygenate requirement for reformulated gasoline and from the decision to establish a date certain for action by the Environmental Protection Agency to prohibit the use of MTBE in gasoline. (b) Purposes \nThe purpose of this section is to provide assistance to merchant producers of MTBE in making the transition from producing MTBE to producing other fuel additives. (c) MTBE merchant producer conversion assistance \nSection 211(c) of the Clean Air Act ( 42 U.S.C. 7545(c) ) is amended by adding at the end the following: (5) MTBE merchant producer conversion assistance \n(A) In general \n(i) Grants \nThe Secretary of Energy, in consultation with the Administrator, may make grants to merchant producers of methyl tertiary butyl ether (hereinafter in this subsection referred to as MTBE ) in the United States to assist the producers in the conversion of eligible production facilities described in subparagraph (C) to the production of iso-octane, iso-octene, alkylates, or renewable fuels. (ii) Determination \nThe Administrator, in consultation with the Secretary of Energy, may determine that transition assistance for the production of iso-octane, iso-octene, alkylates, or renewable fuels is inconsistent with the provisions of subparagraph (B) and, on that basis, may deny applications for grants authorized by this paragraph. (B) Further grants \nThe Secretary of Energy, in consultation with the Administrator, may also further make grants to merchant producers of MTBE in the United States to assist the producers in the conversion of eligible production facilities described in subparagraph (C) to the production of such other fuel additives (unless the Administrator determines that such fuel additives may reasonably be anticipated to endanger public health or the environment) that, consistent with this subsection— (i) have been registered and have been tested or are being tested in accordance with the requirements of this section; and (ii) will contribute to replacing gasoline volumes lost as a result of amendments made to subsection (k) of this section by section 1504(a) and 1506 of the Energy Policy Act of 2003. (C) Eligible production facilities \nA production facility shall be eligible to receive a grant under this paragraph if the production facility— (i) is located in the United States; and (ii) produced MTBE for consumption before April 1, 2003 and ceased production at any time after the date of enactment of this paragraph. (D) Authorization of appropriations \nThere are authorized to be appropriated to carry out this paragraph $250,000,000 for each of fiscal years 2005 through 2012, to remain available until expended.. (d) Effect on State law \nThe amendments made to the Clean Air Act by this title have no effect regarding any available authority of States to limit the use of methyl tertiary butyl ether in motor vehicle fuel.", "id": "H355FC1103CC44876BE2B5FD78EBB4E3F", "header": "Findings and MTBE transition assistance" }, { "text": "1504. Use of MTBE \n(a) In general \nSubject to subsections (e) and (f), not later than December 31, 2014, the use of methyl tertiary butyl ether (hereinafter in this section referred to as MTBE ) in motor vehicle fuel in any State other than a State described in subsection (c) is prohibited. (b) Regulations \nThe Administrator of the Environmental Protection Agency (hereafter referred to in this section as the Administrator ) shall promulgate regulations to effect the prohibition in subsection (a). (c) States that authorize use \nA State described in this subsection is a State in which the Governor of the State submits a notification to the Administrator authorizing the use of MTBE in motor vehicle fuel sold or used in the State. (d) Publication of notice \nThe Administrator shall publish in the Federal Register each notice submitted by a State under subsection (c). (e) Trace quantities \nIn carrying out subsection (a), the Administrator may allow trace quantities of MTBE, not to exceed 0.5 percent by volume, to be present in motor vehicle fuel in cases that the Administrator determines to be appropriate. (f) Limitation \nThe Administrator, under authority of subsection (a), shall not prohibit or control the production of MTBE for export from the United States or for any other use other than for use in motor vehicle fuel.", "id": "HA42B6F4CCD974DB095BCDF8601D3D050", "header": "Use of MTBE" }, { "text": "1505. National Academy of Sciences review and presidential determination \n(a) NAS review \nNot later than May 31, 2013, the Secretary shall enter into an arrangement with the National Academy of Sciences to review the use of methyl tertiary butyl ether (hereafter referred to in this section as MTBE ) in fuel and fuel additives. The review shall only use the best available scientific information and data collected by accepted methods or the best available means. The review shall examine the use of MTBE in fuel and fuel additives, significant beneficial and detrimental effects of this use on environmental quality or public health or welfare including the costs and benefits of such effects, likely effects of controls or prohibitions on MTBE regarding fuel availability and price, and other appropriate and reasonable actions that are available to protect the environment or public health or welfare from any detrimental effects of the use of MTBE in fuel or fuel additives. The review shall be peer-reviewed prior to publication and all supporting data and analytical models shall be available to the public. The review shall be completed no later than May 31, 2014. (b) Presidential determination \nNo later than June 30, 2014, the President may make a determination that restrictions on the use of MTBE to be implemented pursuant to section 1504 shall not take place and that the legal authority contained in section 1504 to prohibit the use of MTBE in motor vehicle fuel shall become null and void.", "id": "H789F6FBCDB754BA6BD7BD71B007DE9CB", "header": "National Academy of Sciences review and presidential determination" }, { "text": "1506. Elimination of oxygen content requirement for reformulated gasoline \n(a) Elimination \n(1) In general \nSection 211(k) of the Clean Air Act ( 42 U.S.C. 7545(k) ) is amended as follows: (A) In paragraph (2)— (i) in the second sentence of subparagraph (A), by striking (including the oxygen content requirement contained in subparagraph (B)) ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (B) In paragraph (3)(A), by striking clause (v). (C) In paragraph (7)— (i) in subparagraph (A)— (I) by striking clause (i); and (II) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (ii) in subparagraph (C)— (I) by striking clause (ii). (II) by redesignating clause (iii) as clause (ii). (2) Effective date \nThe amendments made by paragraph (1) take effect 270 days after the date of enactment of this Act, except that such amendments shall take effect upon such date of enactment in any State that has received a waiver under section 209(b) of the Clean Air Act. (b) Maintenance of toxic air pollutant emission reductions \nSection 211(k)(1) of the Clean Air Act ( 42 U.S.C. 7545(k)(1) ) is amended as follows: (1) By striking Within 1 year after the enactment of the Clean Air Act Amendments of 1990, and inserting the following: (A) In general \nNot later than November 15, 1991,. (2) By adding at the end the following: (B) Maintenance of toxic air pollutant emissions reductions from reformulated gasoline \n(i) Definitions \nIn this subparagraph the term PADD means a Petroleum Administration for Defense District. (ii) Regulations regarding emissions of toxic air pollutants \nNot later than 270 days after the date of enactment of this subparagraph the Administrator shall establish, for each refinery or importer, standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refinery or importer that maintain the reduction of the average annual aggregate emissions of toxic air pollutants for reformulated gasoline produced or distributed by the refinery or importer during calendar years 1999 and 2000, determined on the basis of data collected by the Administrator with respect to the refinery or importer. (iii) Standards applicable to specific refineries or importers \n(I) Applicability of standards \nFor any calendar year, the standards applicable to a refinery or importer under clause (ii) shall apply to the quantity of gasoline produced or distributed by the refinery or importer in the calendar year only to the extent that the quantity is less than or equal to the average annual quantity of reformulated gasoline produced or distributed by the refinery or importer during calendar years 1999 and 2000. (II) Applicability of other standards \nFor any calendar year, the quantity of gasoline produced or distributed by a refinery or importer that is in excess of the quantity subject to subclause (I) shall be subject to standards for toxic air pollutants promulgated under subparagraph (A) and paragraph (3)(B). (iv) Credit program \nThe Administrator shall provide for the granting and use of credits for emissions of toxic air pollutants in the same manner as provided in paragraph (7). (v) Regional protection of toxics reduction baselines \n(I) In general \nNot later than 60 days after the date of enactment of this subparagraph, and not later than April 1 of each calendar year that begins after that date of enactment, the Administrator shall publish in the Federal Register a report that specifies, with respect to the previous calendar year— (aa) the quantity of reformulated gasoline produced that is in excess of the average annual quantity of reformulated gasoline produced in 1999 and 2000; and (bb) the reduction of the average annual aggregate emissions of toxic air pollutants in each PADD, based on retail survey data or data from other appropriate sources. (II) Effect of failure to maintain aggregate toxics reductions \nIf, in any calendar year, the reduction of the average annual aggregate emissions of toxic air pollutants in a PADD fails to meet or exceed the reduction of the average annual aggregate emissions of toxic air pollutants in the PADD in calendar years 1999 and 2000, the Administrator, not later than 90 days after the date of publication of the report for the calendar year under subclause (I), shall— (aa) identify, to the maximum extent practicable, the reasons for the failure, including the sources, volumes, and characteristics of reformulated gasoline that contributed to the failure; and (bb) promulgate revisions to the regulations promulgated under clause (ii), to take effect not earlier than 180 days but not later than 270 days after the date of promulgation, to provide that, notwithstanding clause (iii)(II), all reformulated gasoline produced or distributed at each refinery or importer shall meet the standards applicable under clause (ii) not later than April 1 of the year following the report in subclause (II) and for subsequent years. (vi) Regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels \nNot later than July 1, 2004, the Administrator shall promulgate final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels, as provided for in section 80.1045 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).. (c) Consolidation in reformulated gasoline regulations \nNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the reformulated gasoline regulations under subpart D of part 80 of title 40, Code of Federal Regulations, to consolidate the regulations applicable to VOC-Control Regions 1 and 2 under section 80.41 of that title by eliminating the less stringent requirements applicable to gasoline designated for VOC-Control Region 2 and instead applying the more stringent requirements applicable to gasoline designated for VOC-Control Region 1. (d) Savings clause \nNothing in this section is intended to affect or prejudice either any legal claims or actions with respect to regulations promulgated by the Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the Administrator ) prior to the date of enactment of this Act regarding emissions of toxic air pollutants from motor vehicles or the adjustment of standards applicable to a specific refinery or importer made under such prior regulations and the Administrator may apply such adjustments to the standards applicable to such refinery or importer under clause (iii)(I) of section 211(k)(1)(B) of the Clean Air Act , except that— (1) the Administrator shall revise such adjustments to be based only on calendar years 1999–2000; and (2) for adjustments based on toxic air pollutant emissions from reformulated gasoline significantly below the national annual average emissions of toxic air pollutants from all reformulated gasoline, the Administrator may revise such adjustments to take account of the scope of Federal or State prohibitions on the use of methyl tertiary butyl ether imposed after the date of the enactment of this paragraph, except that any such adjustment shall require such refiner or importer, to the greatest extent practicable, to maintain the reduction achieved during calendar years 1999–2000 in the average annual aggregate emissions of toxic air pollutants from reformulated gasoline produced or distributed by the refinery or importer; Provided , that any such adjustment shall not be made at a level below the average percentage of reductions of emissions of toxic air pollutants for reformulated gasoline supplied to PADD I during calendar years 1999–2000.", "id": "H288F0448AE714740B33279E3C6AFF1F4", "header": "Elimination of oxygen content requirement for reformulated gasoline" }, { "text": "1507. Analyses of motor vehicle fuel changes \nSection 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by inserting after subsection (o) the following: (p) Analyses of motor vehicle fuel changes and emissions model \n(1) Anti-backsliding analysis \n(A) Draft analysis \nNot later than 4 years after the date of enactment of this subsection, the Administrator shall publish for public comment a draft analysis of the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from implementation of the amendments made by subtitle A of title XV of the Energy Policy Act of 2003. (B) Final analysis \nAfter providing a reasonable opportunity for comment but not later than 5 years after the date of enactment of this paragraph, the Administrator shall publish the analysis in final form. (2) Emissions model \nFor the purposes of this subsection, as soon as the necessary data are available, the Administrator shall develop and finalize an emissions model that reasonably reflects the effects of gasoline characteristics or components on emissions from vehicles in the motor vehicle fleet during calendar year 2005..", "id": "HC16CB57F09C646E8A39BCCB05CD02F2E", "header": "Analyses of motor vehicle fuel changes" }, { "text": "1508. Data collection \nSection 205 of the Department of Energy Organization Act ( 42 U.S.C. 7135 ) is amended by adding at the end the following: (m) Renewable fuels survey \n(1) In order to improve the ability to evaluate the effectiveness of the Nation’s renewable fuels mandate, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly, and in a manner designed to protect the confidentiality of individual responses. In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following: (A) The quantity of renewable fuels produced. (B) The quantity of renewable fuels blended. (C) The quantity of renewable fuels imported. (D) The quantity of renewable fuels demanded. (E) Market price data. (F) Such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this section. (2) The Administrator shall also collect or estimate information both on a national and regional basis, pursuant to subparagraphs (A) through (F) of paragraph (1), for the 5 years prior to implementation of this subsection. (3) This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 790a )..", "id": "H8C442A0BF928450B86EB3B59FB514759", "header": "Data collection" }, { "text": "1509. Reducing the proliferation of State fuel controls \n(a) EPA approval of State plans with fuel controls \nSection 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended by adding at the end the following: The Administrator shall not approve a control or prohibition respecting the use of a fuel or fuel additive under this subparagraph unless the Administrator, after consultation with the Secretary of Energy, publishes in the Federal Register a finding that, in the Administrator’s judgment, such control or prohibition will not cause fuel supply or distribution interruptions or have a significant adverse impact on fuel producibility in the affected area or contiguous areas.. (b) Study \nThe Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the Administrator ), in cooperation with the Secretary of Energy, shall undertake a study of the projected effects on air quality, the proliferation of fuel blends, fuel availability, and fuel costs of providing a preference for each of the following: (A) Reformulated gasoline referred to in subsection (k) of section 211 of the Clean Air Act. (B) A low RVP gasoline blend that has been certified by the Administrator as having a Reid Vapor Pressure of 7.0 pounds per square inch (psi). (C) A low RVP gasoline blend that has been certified by the Administrator as having a Reid Vapor Pressure of 7.8 pounds per square inch (psi). In carrying out such study, the Administrator shall obtain comments from affected parties. The Administrator shall submit the results of such study to the Congress not later than 18 months after the date of enactment of this Act, together with any recommended legislative changes.", "id": "H3E3430DDF3B94E43BA4590896F52E93C", "header": "Reducing the proliferation of State fuel controls" }, { "text": "1510. Fuel system requirements harmonization study \n(a) Study \n(1) In general \nThe Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the Administrator ) and the Secretary of Energy shall jointly conduct a study of Federal, State, and local requirements concerning motor vehicle fuels, including— (A) requirements relating to reformulated gasoline, volatility (measured in Reid vapor pressure), oxygenated fuel, and diesel fuel; and (B) other requirements that vary from State to State, region to region, or locality to locality. (2) Required elements \nThe study shall assess— (A) the effect of the variety of requirements described in paragraph (1) on the supply, quality, and price of motor vehicle fuels available to consumers in various States and localities; (B) the effect of the requirements described in paragraph (1) on achievement of— (i) national, regional, and local air quality standards and goals; and (ii) related environmental and public health protection standards and goals; (C) the effect of Federal, State, and local motor vehicle fuel regulations, including multiple motor vehicle fuel requirements, on— (i) domestic refineries; (ii) the fuel distribution system; and (iii) industry investment in new capacity; (D) the effect of the requirements described in paragraph (1) on emissions from vehicles, refineries, and fuel handling facilities; (E) the feasibility of developing national or regional motor vehicle fuel slates for the 48 contiguous States that, while improving air quality at the national, regional and local levels consistent with the attainment of national ambient air quality standards, could— (i) enhance flexibility in the fuel distribution infrastructure and improve fuel fungibility; (ii) reduce price volatility and costs to consumers and producers; (iii) provide increased liquidity to the gasoline market; and (iv) enhance fuel quality, consistency, and supply; (F) the feasibility of providing incentives to promote cleaner burning motor vehicle fuel; and (G) the extent to which improvements in air quality and any increases or decreases in the price of motor fuel can be projected to result from the Environmental Protection Agency’s Tier II requirements for conventional gasoline and vehicle emission systems, the reformulated gasoline program, the renewable content requirements established by this subtitle, State programs regarding gasoline volatility, and any other requirements imposed by States or localities affecting the composition of motor fuel. (b) Report \n(1) In general \nNot later than December 31, 2007, the Administrator and the Secretary of Energy shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Recommendations \n(A) In general \nThe report under this subsection shall contain recommendations for legislative and administrative actions that may be taken— (i) to improve air quality; (ii) to reduce costs to consumers and producers; and (iii) to increase supply liquidity. (B) Required considerations \nThe recommendations under subparagraph (A) shall take into account the need to provide advance notice of required modifications to refinery and fuel distribution systems in order to ensure an adequate supply of motor vehicle fuel in all States. (3) Consultation \nIn developing the report under this subsection, the Administrator and the Secretary of Energy shall consult with— (A) the Governors of the States; (B) automobile manufacturers; (C) motor vehicle fuel producers and distributors; and (D) the public.", "id": "HF2CFBFF2D13A4BB1AB5E64D9A732C462", "header": "Fuel system requirements harmonization study" }, { "text": "1511. Commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program \n(a) Definition of municipal solid waste \nIn this section, the term municipal solid waste has the meaning given the term solid waste in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ). (b) Establishment of program \nThe Secretary of Energy (hereinafter in this section referred to as the Secretary ) shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts. (c) Requirements \nThe Secretary may provide a loan guarantee under subsection (b) to an applicant if— (1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b); (2) the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and (3) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan. (d) Criteria \nIn selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that— (1) meet all applicable Federal and State permitting requirements; (2) are most likely to be successful; and (3) are located in local markets that have the greatest need for the facility because of— (A) the limited availability of land for waste disposal; (B) the availability of sufficient quantities of cellulosic biomass; or (C) a high level of demand for fuel ethanol or other commercial byproducts of the facility. (e) Maturity \nA loan guaranteed under subsection (b) shall have a maturity of not more than 20 years. (f) Terms and conditions \nThe loan agreement for a loan guaranteed under subsection (b) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary. (g) Assurance of repayment \nThe Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan. (h) Guarantee fee \nThe recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee. (i) Full faith and credit \nThe full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan. (j) Reports \nUntil each guaranteed loan under this section has been repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section. (k) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section. (l) Termination of authority \nThe authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after the date of enactment of this Act.", "id": "H3DDEE26C49F54125A9D2009E004579AF", "header": "Commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program" }, { "text": "1512. Resource Center \n(a) Definition \nIn this section, the term RFG State means a State in which is located one or more covered areas (as defined in section 211(k)(10)(D) of the Clean Air Act ( 42 U.S.C. 7545(k)(10)(D) ). (b) Authorization of appropriations for resource Center \nThere are authorized to be appropriated, for a resource center to further develop bioconversion technology using low-cost biomass for the production of ethanol at the Center for Biomass-Based Energy at the University of Mississippi and the University of Oklahoma, $4,000,000 for each of fiscal years 2004 through 2006. (c) Renewable fuel production research and development grants \n(1) In general \nThe Administrator of the Environmental Protection Agency shall provide grants for the research into, and development and implementation of, renewable fuel production technologies in RFG States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol. (2) Eligibility \n(A) In general \nThe entities eligible to receive a grant under this subsection are academic institutions in RFG States, and consortia made up of combinations of academic institutions, industry, State government agencies, or local government agencies in RFG States, that have proven experience and capabilities with relevant technologies. (B) Application \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit to the Administrator an application in such manner and form, and accompanied by such information, as the Administrator may specify. (3) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2004 through 2008.", "id": "H6A26E9CBEFE14FCE92C5076CD1938EE2", "header": "Resource Center" }, { "text": "1513. Cellulosic biomass and waste-derived ethanol conversion assistance \nSection 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by adding at the end the following: (r) Cellulosic biomass and waste-derived ethanol conversion assistance \n(1) In general \nThe Secretary of Energy may provide grants to merchant producers of cellulosic biomass ethanol and waste-derived ethanol in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of ethanol. (2) Eligible production facilities \nA production facility shall be eligible to receive a grant under this subsection if the production facility— (A) is located in the United States; and (B) uses cellulosic biomass or waste-derived feedstocks derived from agricultural residues, municipal solid waste, or agricultural byproducts as that term is used in section 919 of the Energy Policy Act of 2003. (3) Authorization of appropriations \nThere are authorized to be appropriated the following amounts to carry out this subsection: (A) $100,000,000 for fiscal year 2004. (B) $250,000,000 for fiscal year 2005. (C) $400,000,000 for fiscal year 2006..", "id": "H1895D536257C4204A4DBDA62067D65BD", "header": "Cellulosic biomass and waste-derived ethanol conversion assistance" }, { "text": "1514. Blending of compliant reformulated gasolines \nSection 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by adding at the end the following: (s) Blending of compliant reformulated gasolines \n(1) In general \nNotwithstanding subsections (h) and (k) and subject to the limitations in paragraph (2) of this subsection, it shall not be a violation of this subtitle for a gasoline retailer, during any month of the year, to blend at a retail location batches of ethanol-blended and non-ethanol-blended reformulated gasoline, provided that— (A) each batch of gasoline to be blended has been individually certified as in compliance with subsections (h) and (k) prior to being blended; (B) the retailer notifies the Administrator prior to such blending, and identifies the exact location of the retail station and the specific tank in which such blending will take place; (C) the retailer retains and, as requested by the Administrator or the Administrator’s designee, makes available for inspection such certifications accounting for all gasoline at the retail outlet; and (D) the retailer does not, between June 1 and September 15 of each year, blend a batch of VOC-controlled, or summer , gasoline with a batch of non-VOC-controlled, or winter , gasoline (as these terms are defined under subsections (h) and (k)). (2) Limitations \n(A) Frequency limitation \nA retailer shall only be permitted to blend batches of compliant reformulated gasoline under this subsection a maximum of two blending periods between May 1 and September 15 of each calendar year. (B) Duration of blending period \nEach blending period authorized under subparagraph (A) shall extend for a period of no more than 10 consecutive calendar days. (3) Surveys \nA sample of gasoline taken from a retail location that has blended gasoline within the past 30 days and is in compliance with subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not be used in a VOC survey mandated by 40 C.F.R. Part 80. (4) State implementation plans \nA State shall be held harmless and shall not be required to revise its State implementation plan under section 110 to account for the emissions from blended gasoline authorized under paragraph (1). (5) Preservation of State law \nNothing in this subsection shall— (A) preempt existing State laws or regulations regulating the blending of compliant gasolines; or (B) prohibit a State from adopting such restrictions in the future. (6) Regulations \nThe Administrator shall promulgate, after notice and comment, regulations implementing this subsection within one year after the date of enactment of this subsection. (7) Effective date \nThis subsection shall become effective 15 months after the date of its enactment and shall apply to blended batches of reformulated gasoline on or after that date, regardless of whether the implementing regulations required by paragraph (6) have been promulgated by the Administrator by that date. (8) Liability \nNo person other than the person responsible for blending under this subsection shall be subject to an enforcement action or penalties under subsection (d) solely arising from the blending of compliant reformulated gasolines by the retailers. (9) Formulation of gasoline \nThis subsection does not grant authority to the Administrator or any State (or any subdivision thereof) to require reformulation of gasoline at the refinery to adjust for potential or actual emissions increases due to the blending authorized by this subsection..", "id": "HE39B1CF2909C4C7BADE45504F5756C67", "header": "Blending of compliant reformulated gasolines" }, { "text": "1521. Short title \nThis subtitle may be cited as the Underground Storage Tank Compliance Act of 2004.", "id": "H461AE83198C740768DAF5718C2691CB8", "header": "Short title" }, { "text": "1522. Leaking underground storage tanks \n(a) In general \nSection 9004 of the Solid Waste Disposal Act ( 42 U.S.C. 6991c ) is amended by adding at the end the following: (f) Trust Fund distribution \n(1) In general \n(A) Amount and permitted uses of distribution \nThe Administrator shall distribute to States not less than 80 percent of the funds from the Trust Fund that are made available to the Administrator under section 9014(2)(A) for each fiscal year for use in paying the reasonable costs, incurred under a cooperative agreement with any State for— (i) actions taken by the State under section 9003(h)(7)(A); (ii) necessary administrative expenses, as determined by the Administrator, that are directly related to State fund or State assurance programs under subsection (c)(1); (iii) any State fund or State assurance program carried out under subsection (c)(1) for a release from an underground storage tank regulated under this subtitle to the extent that, as determined by the State in accordance with guidelines developed jointly by the Administrator and the States, the financial resources of the owner and operator of the underground storage tank (including resources provided by a program in accordance with subsection (c)(1)) are not adequate to pay the cost of a corrective action without significantly impairing the ability of the owner or operator to continue in business; or (iv) enforcement, by a State or a local government, of State or local regulations pertaining to underground storage tanks regulated under this subtitle. (B) Use of funds for enforcement \nIn addition to the uses of funds authorized under subparagraph (A), the Administrator may use funds from the Trust Fund that are not distributed to States under subparagraph (A) for enforcement of any regulation promulgated by the Administrator under this subtitle. (C) Prohibited uses \nFunds provided to a State by the Administrator under subparagraph (A) shall not be used by the State to provide financial assistance to an owner or operator to meet any requirement relating to underground storage tanks under subparts B, C, D, H, and G of part 280 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (2) Allocation \n(A) Process \nSubject to subparagraphs (B) and (C), in the case of a State with which the Administrator has entered into a cooperative agreement under section 9003(h)(7)(A), the Administrator shall distribute funds from the Trust Fund to the State using an allocation process developed by the Administrator. (B) Diversion of State funds \nThe Administrator shall not distribute funds under subparagraph (A)(iii) of subsection (f)(1) to any State that has diverted funds from a State fund or State assurance program for purposes other than those related to the regulation of underground storage tanks covered by this subtitle, with the exception of those transfers that had been completed earlier than the date of enactment of this subsection. (C) Revisions to process \nThe Administrator may revise the allocation process referred to in subparagraph (A) after— (i) consulting with State agencies responsible for overseeing corrective action for releases from underground storage tanks; and (ii) taking into consideration, at a minimum, each of the following: (I) The number of confirmed releases from federally regulated leaking underground storage tanks in the States. (II) The number of federally regulated underground storage tanks in the States. (III) The performance of the States in implementing and enforcing the program. (IV) The financial needs of the States. (V) The ability of the States to use the funds referred to in subparagraph (A) in any year. (3) Distributions to State agencies \nDistributions from the Trust Fund under this subsection shall be made directly to a State agency that— (A) enters into a cooperative agreement referred to in paragraph (2)(A); or (B) is enforcing a State program approved under this section. (4) Cost recovery prohibition \nFunds from the Trust Fund provided by States to owners or operators under paragraph (1)(A)(iii) shall not be subject to cost recovery by the Administrator under section 9003(h)(6).. (b) Withdrawal of approval of State funds \nSection 9004(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6991c(c) ) is amended by inserting the following new paragraph at the end thereof: (6) Withdrawal of approval \nAfter an opportunity for good faith, collaborative efforts to correct financial deficiencies with a State fund, the Administrator may withdraw approval of any State fund or State assurance program to be used as a financial responsibility mechanism without withdrawing approval of a State underground storage tank program under section 9004(a)..", "id": "H8C67BA897E7841F49FD8D32973F53661", "header": "Leaking underground storage tanks" }, { "text": "1523. Inspection of underground storage tanks \n(a) Inspection requirements \nSection 9005 of the Solid Waste Disposal Act ( 42 U.S.C. 6991d ) is amended by inserting the following new subsection at the end thereof: (c) Inspection requirements \n(1) Uninspected tanks \nIn the case of underground storage tanks regulated under this subtitle that have not undergone an inspection since December 22, 1998, not later than 2 years after the date of enactment of this subsection, the Administrator or a State that receives funding under this subtitle, as appropriate, shall conduct on-site inspections of all such tanks to determine compliance with this subtitle and the regulations under this subtitle (40 C.F.R. 280) or a requirement or standard of a State program developed under section 9004. (2) Periodic inspections \nAfter completion of all inspections required under paragraph (1), the Administrator or a State that receives funding under this subtitle, as appropriate, shall conduct on-site inspections of each underground storage tank regulated under this subtitle at least once every 3 years to determine compliance with this subtitle and the regulations under this subtitle (40 C.F.R. 280) or a requirement or standard of a State program developed under section 9004. The Administrator may extend for up to one additional year the first 3-year inspection interval under this paragraph if the State demonstrates that it has insufficient resources to complete all such inspections within the first 3-year period. (3) Inspection authority \nNothing in this section shall be construed to diminish the Administrator’s or a State’s authorities under section 9005(a).. (b) Study of alternative inspection programs \nThe Administrator of the Environmental Protection Agency, in coordination with a State, shall gather information on compliance assurance programs that could serve as an alternative to the inspection programs under section 9005(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6991d(c) ) and shall, within 4 years after the date of enactment of this Act, submit a report to the Congress containing the results of such study.", "id": "H10400FB078594DC5B85DBC77F7BB5CD1", "header": "Inspection of underground storage tanks" }, { "text": "1524. Operator training \n(a) In general \nSection 9010 of the Solid Waste Disposal Act ( 42 U.S.C. 6991i ) is amended to read as follows: 9010. Operator training \n(a) Guidelines \n(1) In general \nNot later than 2 years after the date of enactment of the Underground Storage Tank Compliance Act of 2004 , in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for persons having primary daily on-site management responsibility for the operation and maintenance of underground storage tanks. (2) Considerations \nThe guidelines described in paragraph (1) shall take into account— (A) State training programs in existence as of the date of publication of the guidelines; (B) training programs that are being employed by tank owners and tank operators as of the date of enactment of the Underground Storage Tank Compliance Act of 2004 ; (C) the high turnover rate of tank operators and other personnel; (D) the frequency of improvement in underground storage tank equipment technology; (E) the nature of the businesses in which the tank operators are engaged; and (F) such other factors as the Administrator determines to be necessary to carry out this section. (b) State programs \n(1) In general \nNot later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subtitle shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1). (2) Requirements \nState requirements described in paragraph (1) shall— (A) be consistent with subsection (a); (B) be developed in cooperation with tank owners and tank operators; (C) take into consideration training programs implemented by tank owners and tank operators as of the date of enactment of this section; and (D) be appropriately communicated to tank owners and operators. (3) Financial incentive \nThe Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subtitle, not more than $200,000, to be used to carry out the requirements. (c) Operators \nAll persons having primary daily on-site management responsibility for the operation and maintenance of any underground storage tank shall— (1) meet the training requirements developed under subsection (b); and (2) repeat the applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with— (A) a requirement or standard promulgated by the Administrator under section 9003; or (B) a requirement or standard of a State program approved under section 9004.. (b) State program requirement \nSection 9004(a) of the Solid Waste Disposal Act ( 42 U.S.C. 6991c(a) ) is amended by striking and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ; and , and by adding the following new paragraph at the end thereof: (9) State-specific training requirements as required by section 9010.. (c) Enforcement \nSection 9006(d)(2) of such Act ( 42 U.S.C. 6991e ) is amended as follows: (1) By striking or at the end of subparagraph (B). (2) By adding the following new subparagraph after subparagraph (C): (D) the training requirements established by States pursuant to section 9010 (relating to operator training); or. (d) Table of contents \nThe item relating to section 9010 in table of contents for the Solid Waste Disposal Act is amended to read as follows: Sec. 9010. Operator training.", "id": "H5702A7B077B249FE9B53B700E042EBC7", "header": "Operator training" }, { "text": "9010. Operator training \n(a) Guidelines \n(1) In general \nNot later than 2 years after the date of enactment of the Underground Storage Tank Compliance Act of 2004 , in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for persons having primary daily on-site management responsibility for the operation and maintenance of underground storage tanks. (2) Considerations \nThe guidelines described in paragraph (1) shall take into account— (A) State training programs in existence as of the date of publication of the guidelines; (B) training programs that are being employed by tank owners and tank operators as of the date of enactment of the Underground Storage Tank Compliance Act of 2004 ; (C) the high turnover rate of tank operators and other personnel; (D) the frequency of improvement in underground storage tank equipment technology; (E) the nature of the businesses in which the tank operators are engaged; and (F) such other factors as the Administrator determines to be necessary to carry out this section. (b) State programs \n(1) In general \nNot later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subtitle shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1). (2) Requirements \nState requirements described in paragraph (1) shall— (A) be consistent with subsection (a); (B) be developed in cooperation with tank owners and tank operators; (C) take into consideration training programs implemented by tank owners and tank operators as of the date of enactment of this section; and (D) be appropriately communicated to tank owners and operators. (3) Financial incentive \nThe Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subtitle, not more than $200,000, to be used to carry out the requirements. (c) Operators \nAll persons having primary daily on-site management responsibility for the operation and maintenance of any underground storage tank shall— (1) meet the training requirements developed under subsection (b); and (2) repeat the applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with— (A) a requirement or standard promulgated by the Administrator under section 9003; or (B) a requirement or standard of a State program approved under section 9004.", "id": "HDE09F45DBE4D417EB5951E14D2B34D32", "header": "Operator training" }, { "text": "1525. Remediation from oxygenated fuel additives \nSection 9003(h) of the Solid Waste Disposal Act ( 42 U.S.C. 6991b(h) ) is amended as follows: (1) In paragraph (7)(A)— (A) by striking paragraphs (1) and (2) of this subsection and inserting paragraphs (1), (2), and (12) ; and (B) by striking and including the authorities of paragraphs (4), (6), and (8) of this subsection and inserting and the authority under sections 9011 and 9012 and paragraphs (4), (6), and (8),. (2) By adding at the end the following: (12) Remediation of oxygenated fuel contamination \n(A) In general \nThe Administrator and the States may use funds made available under section 9014(2)(B) to carry out corrective actions with respect to a release of a fuel containing an oxygenated fuel additive that presents a threat to human health or welfare or the environment. (B) Applicable authority \nThe Administrator or a State shall carry out subparagraph (A) in accordance with paragraph (2), and in the case of a State, in accordance with a cooperative agreement entered into by the Administrator and the State under paragraph (7)..", "id": "H0153D7969B334E989CF639407E557523", "header": "Remediation from oxygenated fuel additives" }, { "text": "1526. Release prevention, compliance, and enforcement \n(a) Release prevention and compliance \nSubtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended by adding at the end the following: 9011. Use of funds for release prevention and compliance \nFunds made available under section 9014(2)(D) from the Trust Fund may be used to conduct inspections, issue orders, or bring actions under this subtitle— (1) by a State, in accordance with a grant or cooperative agreement with the Administrator, of State regulations pertaining to underground storage tanks regulated under this subtitle; and (2) by the Administrator, for tanks regulated under this subtitle (including under a State program approved under section 9004).. (b) Government-owned tanks \nSection 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding at the end the following: (i) Government-owned tanks \n(1) State compliance report \n(A) Not later than 2 years after the date of enactment of this subsection, each State that receives funding under this subtitle shall submit to the Administrator a State compliance report that— (i) lists the location and owner of each underground storage tank described in subparagraph (B) in the State that, as of the date of submission of the report, is not in compliance with section 9003; and (ii) specifies the date of the last inspection and describes the actions that have been and will be taken to ensure compliance of the underground storage tank listed under clause (i) with this subtitle. (B) An underground storage tank described in this subparagraph is an underground storage tank that is— (i) regulated under this subtitle; and (ii) owned or operated by the Federal, State, or local government. (C) The Administrator shall make each report, received under subparagraph (A), available to the public through an appropriate media. (2) Financial incentive \nThe Administrator may award to a State that develops a report described in paragraph (1), in addition to any other funds that the State is entitled to receive under this subtitle, not more than $50,000, to be used to carry out the report. (3) Not a safe harbor \nThis subsection does not relieve any person from any obligation or requirement under this subtitle.. (c) Public record \nSection 9002 of the Solid Waste Disposal Act ( 42 U.S.C. 6991a ) is amended by adding at the end the following: (d) Public record \n(1) In general \nThe Administrator shall require each State that receives Federal funds to carry out this subtitle to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subtitle. (2) Considerations \nTo the maximum extent practicable, the public record of a State, respectively, shall include, for each year— (A) the number, sources, and causes of underground storage tank releases in the State; (B) the record of compliance by underground storage tanks in the State with— (i) this subtitle; or (ii) an applicable State program approved under section 9004; and (C) data on the number of underground storage tank equipment failures in the State.. (d) Incentive for performance \nSection 9006 of the Solid Waste Disposal Act ( 42 U.S.C. 6991e ) is amended by adding at the end the following: (e) Incentive for performance \nBoth of the following may be taken into account in determining the terms of a civil penalty under subsection (d): (1) The compliance history of an owner or operator in accordance with this subtitle or a program approved under section 9004. (2) Any other factor the Administrator considers appropriate.. (e) Table of contents \nThe table of contents for such subtitle I is amended by adding the following new item at the end thereof: Sec. 9011. Use of funds for release prevention and compliance.", "id": "HDB2ACFEC4D6F4931868F9EAF683F705B", "header": "Release prevention, compliance, and enforcement" }, { "text": "9011. Use of funds for release prevention and compliance \nFunds made available under section 9014(2)(D) from the Trust Fund may be used to conduct inspections, issue orders, or bring actions under this subtitle— (1) by a State, in accordance with a grant or cooperative agreement with the Administrator, of State regulations pertaining to underground storage tanks regulated under this subtitle; and (2) by the Administrator, for tanks regulated under this subtitle (including under a State program approved under section 9004).", "id": "HA9662C3D6CD742BDACB0DC5D3481BFB1", "header": "Use of funds for release prevention and compliance" }, { "text": "1527. Delivery prohibition \n(a) In general \nSubtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended by adding at the end the following: 9012. Delivery prohibition \n(a) Requirements \n(1) Prohibition of delivery or deposit \nBeginning 2 years after the date of enactment of this section, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for fuel delivery or deposit. (2) Guidance \nWithin 1 year after the date of enactment of this section, the Administrator and States that receive funding under this subtitle shall, in consultation with the underground storage tank owner and product delivery industries, for territory for which they are the primary implementing agencies, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— (A) the criteria for determining which underground storage tank facilities are ineligible for delivery or deposit; (B) the mechanisms for identifying which facilities are ineligible for delivery or deposit to the underground storage tank owning and fuel delivery industries; (C) the process for reclassifying ineligible facilities as eligible for delivery or deposit; and (D) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). (3) Delivery prohibition notice \n(A) Roster \nThe Administrator and each State implementing agency that receives funding under this subtitle shall establish within 24 months after the date of enactment of this section a Delivery Prohibition Roster listing underground storage tanks under the Administrator’s or the State’s jurisdiction that are determined to be ineligible for delivery or deposit pursuant to paragraph (2). (B) Notification \nThe Administrator and each State, as appropriate, shall make readily known, to underground storage tank owners and operators and to product delivery industries, the underground storage tanks listed on a Delivery Prohibition Roster by: (i) posting such Rosters, including the physical location and street address of each listed underground storage tank, on official web sites and, if the Administrator or the State so chooses, other electronic means; (ii) updating these Rosters periodically; and (iii) installing a tamper-proof tag, seal, or other device blocking the fill pipes of such underground storage tanks to prevent the delivery of product into such underground storage tanks. (C) Roster updates \nThe Administrator and the State shall update the Delivery Prohibition Rosters as appropriate, but not less than once a month on the first day of the month. (D) Tampering with device \n(i) Prohibition \nIt shall be unlawful for any person, other than an authorized representative of the Administrator or a State, as appropriate, to remove, tamper with, destroy, or damage a device installed by the Administrator or a State, as appropriate, under subparagraph (B)(iii) of this subsection. (ii) Civil penalties \nAny person violating clause (i) of this subparagraph shall be subject to a civil penalty not to exceed $10,000 for each violation. (4) Limitation \n(A) Rural and remote areas \nSubject to subparagraph (B), the Administrator or a State shall not include an underground storage tank on a Delivery Prohibition Roster under paragraph (3) if an urgent threat to public health, as determined by the Administrator, does not exist and if such a delivery prohibition would jeopardize the availability of, or access to, fuel in any rural and remote areas. (B) Applicability of limitation \nThe limitation under subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State that exercising the authority of paragraph (3) is limited by subparagraph (A). (b) Effect on State authority \nNothing in this section shall affect the authority of a State to prohibit the delivery of a regulated substance to an underground storage tank. (c) Defense to violation \nA person shall not be in violation of subsection (a)(1) if the underground storage tank into which a regulated substance is delivered is not listed on the Administrator’s or the appropriate State’s Prohibited Delivery Roster 7 calendar days prior to the delivery being made.. (b) Enforcement \nSection 9006(d)(2) of such Act ( 42 U.S.C. 6991e(d)(2) ) is amended as follows: (1) By adding the following new subparagraph after subparagraph (D): (E) the delivery prohibition requirement established by section 9012,. (2) By adding the following new sentence at the end thereof: Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of section 9012 shall also be subject to the same civil penalty for each day of such violation.. (c) Table of contents \nThe table of contents for such subtitle I is amended by adding the following new item at the end thereof: Sec. 9012. Delivery prohibition.", "id": "H73CC8E3593D740F6B1767C77655461DA", "header": "Delivery prohibition" }, { "text": "9012. Delivery prohibition \n(a) Requirements \n(1) Prohibition of delivery or deposit \nBeginning 2 years after the date of enactment of this section, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for fuel delivery or deposit. (2) Guidance \nWithin 1 year after the date of enactment of this section, the Administrator and States that receive funding under this subtitle shall, in consultation with the underground storage tank owner and product delivery industries, for territory for which they are the primary implementing agencies, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— (A) the criteria for determining which underground storage tank facilities are ineligible for delivery or deposit; (B) the mechanisms for identifying which facilities are ineligible for delivery or deposit to the underground storage tank owning and fuel delivery industries; (C) the process for reclassifying ineligible facilities as eligible for delivery or deposit; and (D) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). (3) Delivery prohibition notice \n(A) Roster \nThe Administrator and each State implementing agency that receives funding under this subtitle shall establish within 24 months after the date of enactment of this section a Delivery Prohibition Roster listing underground storage tanks under the Administrator’s or the State’s jurisdiction that are determined to be ineligible for delivery or deposit pursuant to paragraph (2). (B) Notification \nThe Administrator and each State, as appropriate, shall make readily known, to underground storage tank owners and operators and to product delivery industries, the underground storage tanks listed on a Delivery Prohibition Roster by: (i) posting such Rosters, including the physical location and street address of each listed underground storage tank, on official web sites and, if the Administrator or the State so chooses, other electronic means; (ii) updating these Rosters periodically; and (iii) installing a tamper-proof tag, seal, or other device blocking the fill pipes of such underground storage tanks to prevent the delivery of product into such underground storage tanks. (C) Roster updates \nThe Administrator and the State shall update the Delivery Prohibition Rosters as appropriate, but not less than once a month on the first day of the month. (D) Tampering with device \n(i) Prohibition \nIt shall be unlawful for any person, other than an authorized representative of the Administrator or a State, as appropriate, to remove, tamper with, destroy, or damage a device installed by the Administrator or a State, as appropriate, under subparagraph (B)(iii) of this subsection. (ii) Civil penalties \nAny person violating clause (i) of this subparagraph shall be subject to a civil penalty not to exceed $10,000 for each violation. (4) Limitation \n(A) Rural and remote areas \nSubject to subparagraph (B), the Administrator or a State shall not include an underground storage tank on a Delivery Prohibition Roster under paragraph (3) if an urgent threat to public health, as determined by the Administrator, does not exist and if such a delivery prohibition would jeopardize the availability of, or access to, fuel in any rural and remote areas. (B) Applicability of limitation \nThe limitation under subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State that exercising the authority of paragraph (3) is limited by subparagraph (A). (b) Effect on State authority \nNothing in this section shall affect the authority of a State to prohibit the delivery of a regulated substance to an underground storage tank. (c) Defense to violation \nA person shall not be in violation of subsection (a)(1) if the underground storage tank into which a regulated substance is delivered is not listed on the Administrator’s or the appropriate State’s Prohibited Delivery Roster 7 calendar days prior to the delivery being made.", "id": "H5FB2B295AD714A1CA621053041F50059", "header": "Delivery prohibition" }, { "text": "1528. Federal facilities \nSection 9007 of the Solid Waste Disposal Act ( 42 U.S.C. 6991f ) is amended to read as follows: 9007. Federal facilities \n(a) In general \nEach department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any underground storage tank or underground storage tank system, or (2) engaged in any activity resulting, or which may result, in the installation, operation, management, or closure of any underground storage tank, release response activities related thereto, or in the delivery, acceptance, or deposit of any regulated substance to an underground storage tank or underground storage tank system shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting underground storage tanks in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local underground storage tank regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning underground storage tanks with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State law concerning underground storage tanks, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any underground storage tank of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. (b) Review of and report on Federal underground storage tanks \n(1) Review \nNot later than 12 months after the date of enactment of the Underground Storage Tank Compliance Act of 2004 , each Federal agency that owns or operates 1 or more underground storage tanks, or that manages land on which 1 or more underground storage tanks are located, shall submit to the Administrator, the Committee on Energy and Commerce of the United States House of Representatives, and the Committee on the Environment and Public Works of the United States Senate a compliance strategy report that— (A) lists the location and owner of each underground storage tank described in this paragraph; (B) lists all tanks that are not in compliance with this subtitle that are owned or operated by the Federal agency; (C) specifies the date of the last inspection by a State or Federal inspector of each underground storage tank owned or operated by the agency; (D) lists each violation of this subtitle respecting any underground storage tank owned or operated by the agency; (E) describes the operator training that has been provided to the operator and other persons having primary daily on-site management responsibility for the operation and maintenance of underground storage tanks owned or operated by the agency; and (F) describes the actions that have been and will be taken to ensure compliance for each underground storage tank identified under subparagraph (B). (2) Not a safe harbor \nThis subsection does not relieve any person from any obligation or requirement under this subtitle..", "id": "HE58F7041EEE34BDE0086E1BA4EB44D90", "header": "Federal facilities" }, { "text": "9007. Federal facilities \n(a) In general \nEach department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any underground storage tank or underground storage tank system, or (2) engaged in any activity resulting, or which may result, in the installation, operation, management, or closure of any underground storage tank, release response activities related thereto, or in the delivery, acceptance, or deposit of any regulated substance to an underground storage tank or underground storage tank system shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting underground storage tanks in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local underground storage tank regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning underground storage tanks with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State law concerning underground storage tanks, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any underground storage tank of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. (b) Review of and report on Federal underground storage tanks \n(1) Review \nNot later than 12 months after the date of enactment of the Underground Storage Tank Compliance Act of 2004 , each Federal agency that owns or operates 1 or more underground storage tanks, or that manages land on which 1 or more underground storage tanks are located, shall submit to the Administrator, the Committee on Energy and Commerce of the United States House of Representatives, and the Committee on the Environment and Public Works of the United States Senate a compliance strategy report that— (A) lists the location and owner of each underground storage tank described in this paragraph; (B) lists all tanks that are not in compliance with this subtitle that are owned or operated by the Federal agency; (C) specifies the date of the last inspection by a State or Federal inspector of each underground storage tank owned or operated by the agency; (D) lists each violation of this subtitle respecting any underground storage tank owned or operated by the agency; (E) describes the operator training that has been provided to the operator and other persons having primary daily on-site management responsibility for the operation and maintenance of underground storage tanks owned or operated by the agency; and (F) describes the actions that have been and will be taken to ensure compliance for each underground storage tank identified under subparagraph (B). (2) Not a safe harbor \nThis subsection does not relieve any person from any obligation or requirement under this subtitle.", "id": "H5251FB18D728439600C0964ED366BDEB", "header": "Federal facilities" }, { "text": "1529. Tanks on Tribal lands \n(a) In general \nSubtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended by adding the following at the end thereof: 9013. Tanks on Tribal lands \n(a) Strategy \nThe Administrator, in coordination with Indian tribes, shall, not later than 1 year after the date of enactment of this section, develop and implement a strategy— (1) giving priority to releases that present the greatest threat to human health or the environment, to take necessary corrective action in response to releases from leaking underground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe; and (2) to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subtitle in areas located wholly within— (1) the boundaries of Indian reservations; and (2) any other areas under the jurisdiction of an Indian tribe. The Administrator shall make the report under this subsection available to the public. (c) Not a safe harbor \nThis section does not relieve any person from any obligation or requirement under this subtitle. (d) State authority \nNothing in this section applies to any underground storage tank that is located in an area under the jurisdiction of a State, or that is subject to regulation by a State, as of the date of enactment of this section.. (b) Table of contents \nThe table of contents for such subtitle I is amended by adding the following new item at the end thereof: Sec. 9013. Tanks on Tribal lands.", "id": "HA8C0C06551AC41C191D8BED749541064", "header": "Tanks on Tribal lands" }, { "text": "9013. Tanks on Tribal lands \n(a) Strategy \nThe Administrator, in coordination with Indian tribes, shall, not later than 1 year after the date of enactment of this section, develop and implement a strategy— (1) giving priority to releases that present the greatest threat to human health or the environment, to take necessary corrective action in response to releases from leaking underground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe; and (2) to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subtitle in areas located wholly within— (1) the boundaries of Indian reservations; and (2) any other areas under the jurisdiction of an Indian tribe. The Administrator shall make the report under this subsection available to the public. (c) Not a safe harbor \nThis section does not relieve any person from any obligation or requirement under this subtitle. (d) State authority \nNothing in this section applies to any underground storage tank that is located in an area under the jurisdiction of a State, or that is subject to regulation by a State, as of the date of enactment of this section.", "id": "H4CC91EA8AC4D4F7998B9A9633ED66169", "header": "Tanks on Tribal lands" }, { "text": "1530. Future release containment technology \nNot later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, after consultation with States, shall make available to the public and to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate information on the effectiveness of alternative possible methods and means for containing releases from underground storage tanks systems.", "id": "H22B5AB06C6C34FF3A722926B768EC802", "header": "Future release containment technology" }, { "text": "1531. Authorization of appropriations \n(a) In general \nSubtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended by adding at the end the following: 9014. Authorization of appropriations \nThere are authorized to be appropriated to the Administrator the following amounts: (1) To carry out subtitle I (except sections 9003(h), 9005(c), 9011 and 9012) $50,000,000 for each of fiscal years 2004 through 2008. (2) From the Trust Fund, notwithstanding section 9508(c)(1) of the Internal Revenue Code of 1986: (A) to carry out section 9003(h) (except section 9003(h)(12)) $200,000,000 for each of fiscal years 2004 through 2008; (B) to carry out section 9003(h)(12), $200,000,000 for each of fiscal years 2004 through 2008; (C) to carry out sections 9004(f) and 9005(c) $100,000,000 for each of fiscal years 2004 through 2008; and (D) to carry out sections 9011 and 9012 $55,000,000 for each of fiscal years 2004 through 2008.. (b) Table of contents \nThe table of contents for such subtitle I is amended by adding the following new item at the end thereof: Sec. 9014. Authorization of appropriations.", "id": "HBB56CB6A070D47ECB2CA3742A708A11", "header": "Authorization of appropriations" }, { "text": "9014. Authorization of appropriations \nThere are authorized to be appropriated to the Administrator the following amounts: (1) To carry out subtitle I (except sections 9003(h), 9005(c), 9011 and 9012) $50,000,000 for each of fiscal years 2004 through 2008. (2) From the Trust Fund, notwithstanding section 9508(c)(1) of the Internal Revenue Code of 1986: (A) to carry out section 9003(h) (except section 9003(h)(12)) $200,000,000 for each of fiscal years 2004 through 2008; (B) to carry out section 9003(h)(12), $200,000,000 for each of fiscal years 2004 through 2008; (C) to carry out sections 9004(f) and 9005(c) $100,000,000 for each of fiscal years 2004 through 2008; and (D) to carry out sections 9011 and 9012 $55,000,000 for each of fiscal years 2004 through 2008.", "id": "H56E4CC88008348BE8B3D6DE100573CDA", "header": "Authorization of appropriations" }, { "text": "1532. Conforming amendments \n(a) In general \nSection 9001 of the Solid Waste Disposal Act ( 42 U.S.C. 6991 ) is amended as follows: (1) By striking For the purposes of this subtitle— and inserting In this subtitle:. (2) By redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5), (2), and (6), respectively. (3) By inserting before paragraph (2) (as redesignated by paragraph (2) of this subsection) the following: (1) Indian tribe \n(A) In general \nThe term Indian tribe means any Indian tribe, band, nation, or other organized group or community that is recognized as being eligible for special programs and services provided by the United States to Indians because of their status as Indians. (B) Inclusions \nThe term Indian tribe includes an Alaska Native village, as defined in or established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); and. (4) By inserting after paragraph (8) (as redesignated by paragraph (2) of this subsection) the following: (9) Trust Fund \nThe term Trust Fund means the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986.. (b) Conforming amendments \nThe Solid Waste Disposal Act (42 U.S.C. 6901 and following) is amended as follows: (1) Section 9003(f) ( 42 U.S.C. 6991b(f) ) is amended— (A) in paragraph (1), by striking 9001(2)(B) and inserting 9001(7)(B) ; and (B) in paragraphs (2) and (3), by striking 9001(2)(A) each place it appears and inserting 9001(7)(A). (2) Section 9003(h) ( 42 U.S.C. 6991b(h) ) is amended in paragraphs (1), (2)(C), (7)(A), and (11) by striking Leaking Underground Storage Tank Trust Fund each place it appears and inserting Trust Fund. (3) Section 9009 ( 42 U.S.C. 6991h ) is amended— (A) in subsection (a), by striking 9001(2)(B) and inserting 9001(7)(B) ; and (B) in subsection (d), by striking section 9001(1) (A) and (B) and inserting subparagraphs (A) and (B) of section 9001(10).", "id": "H6C09F1DA20E84B538940AE87F0BB2F9D", "header": "Conforming amendments" }, { "text": "1533. Technical amendments \nThe Solid Waste Disposal Act is amended as follows: (1) Section 9001(4)(A) ( 42 U.S.C. 6991(4)(A) ) is amended by striking sustances and inserting substances. (2) Section 9003(f)(1) ( 42 U.S.C. 6991b(f)(1) ) is amended by striking subsection (c) and (d) of this section and inserting subsections (c) and (d). (3) Section 9004(a) ( 42 U.S.C. 6991c(a) ) is amended by striking in 9001(2) (A) or (B) or both and inserting in subparagraph (A) or (B) of section 9001(7). (4) Section 9005 ( 42 U.S.C. 6991d ) is amended— (A) in subsection (a), by striking study taking and inserting study, taking ; (B) in subsection (b)(1), by striking relevent and inserting relevant ; and (C) in subsection (b)(4), by striking Evironmental and inserting Environmental.", "id": "HDF2E7E3F5C5C4878A44EE8DC1863D672", "header": "Technical amendments" }, { "text": "1601. Study on inventory of petroleum and natural gas storage \n(a) Definition \nFor purposes of this section petroleum means crude oil, motor gasoline, jet fuel, distillates, and propane. (b) Study \nThe Secretary of Energy shall conduct a study on petroleum and natural gas storage capacity and operational inventory levels, nationwide and by major geographical regions. (c) Contents \nThe study shall address— (1) historical normal ranges for petroleum and natural gas inventory levels; (2) historical and projected storage capacity trends; (3) estimated operation inventory levels below which outages, delivery slowdown, rationing, interruptions in service, or other indicators of shortage begin to appear; (4) explanations for inventory levels dropping below normal ranges; and (5) the ability of industry to meet United States demand for petroleum and natural gas without shortages or price spikes, when inventory levels are below normal ranges. (d) Report to Congress \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit a report to Congress on the results of the study, including findings and any recommendations for preventing future supply shortages.", "id": "H7B8604122CAC4CC0A034CDAEBB2412E", "header": "Study on inventory of petroleum and natural gas storage" }, { "text": "1602. Natural gas supply shortage report \n(a) Report \nNot later than 6 months after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report on natural gas supplies and demand. In preparing the report, the Secretary shall consult with experts in natural gas supply and demand as well as representatives of State and local units of government, tribal organizations, and consumer and other organizations. As the Secretary deems advisable, the Secretary may hold public hearings and provide other opportunities for public comment. The report shall contain recommendations for Federal actions that, if implemented, will result in a balance between natural gas supply and demand at a level that will ensure, to the maximum extent practicable, achievement of the objectives established in subsection (b). (b) Objectives of report \nIn preparing the report, the Secretary shall seek to develop a series of recommendations that will result in a balance between natural gas supply and demand adequate to— (1) provide residential consumers with natural gas at reasonable and stable prices; (2) accommodate long-term maintenance and growth of domestic natural gas-dependent industrial, manufacturing, and commercial enterprises; (3) facilitate the attainment of national ambient air quality standards under the Clean Air Act ; (4) permit continued progress in reducing emissions associated with electric power generation; and (5) support development of the preliminary phases of hydrogen-based energy technologies. (c) Contents of report \nThe report shall provide a comprehensive analysis of natural gas supply and demand in the United States for the period from 2004 to 2015. The analysis shall include, at a minimum— (1) estimates of annual domestic demand for natural gas that take into account the effect of Federal policies and actions that are likely to increase and decrease demand for natural gas; (2) projections of annual natural gas supplies, from domestic and foreign sources, under existing Federal policies; (3) an identification of estimated natural gas supplies that are not available under existing Federal policies; (4) scenarios for decreasing natural gas demand and increasing natural gas supplies comparing relative economic and environmental impacts of Federal policies that— (A) encourage or require the use of natural gas to meet air quality, carbon dioxide emission reduction, or energy security goals; (B) encourage or require the use of energy sources other than natural gas, including coal, nuclear, and renewable sources; (C) support technologies to develop alternative sources of natural gas and synthetic gas, including coal gasification technologies; (D) encourage or require the use of energy conservation and demand side management practices; and (E) affect access to domestic natural gas supplies; and (5) recommendations for Federal actions to achieve the objectives of the report, including recommendations that— (A) encourage or require the use of energy sources other than natural gas, including coal, nuclear, and renewable sources; (B) encourage or require the use of energy conservation or demand side management practices; (C) support technologies for the development of alternative sources of natural gas and synthetic gas, including coal gasification technologies; and (D) will improve access to domestic natural gas supplies.", "id": "H7EBF4AA734094508A372821E874E284F", "header": "Natural gas supply shortage report" }, { "text": "1603. Split-estate Federal oil and gas leasing and development practices \n(a) Review \nIn consultation with affected private surface owners, oil and gas industry, and other interested parties, the Secretary of the Interior shall undertake a review of the current policies and practices with respect to management of Federal subsurface oil and gas development activities and their effects on the privately owned surface. This review shall include— (1) a comparison of the rights and responsibilities under existing mineral and land law for the owner of a Federal mineral lease, the private surface owners and the Department; (2) a comparison of the surface owner consent provisions in section 714 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1304 ) concerning surface mining of Federal coal deposits and the surface owner consent provisions for oil and gas development, including coalbed methane production; and (3) recommendations for administrative or legislative action necessary to facilitate reasonable access for Federal oil and gas activities while addressing surface owner concerns and minimizing impacts to private surface. (b) Report \nThe Secretary of the Interior shall report the results of such review to Congress not later than 180 days after the date of enactment of this Act.", "id": "H2527C6CF2E0243E098DED3F27B129928", "header": "Split-estate Federal oil and gas leasing and development practices" }, { "text": "1604. Resolution of Federal resource development conflicts in the Powder River Basin \nThe Secretary of the Interior shall— (1) undertake a review of existing authorities to resolve conflicts between the development of Federal coal and the development of Federal and non-Federal coalbed methane in the Powder River Basin in Wyoming and Montana; and (2) not later than 6 months after the date of enactment of this Act, report to Congress on alternatives to resolve these conflicts and identification of a preferred alternative with specific legislative language, if any, required to implement the preferred alternative.", "id": "H5D7E36EE25B94BF692852F0237EDC1B5", "header": "Resolution of Federal resource development conflicts in the Powder River Basin" }, { "text": "1605. Study of energy efficiency standards \nThe Secretary of Energy shall contract with the National Academy of Sciences for a study, to be completed within 1 year after the date of enactment of this Act, to examine whether the goals of energy efficiency standards are best served by measurement of energy consumed, and efficiency improvements, at the actual site of energy consumption, or through the full fuel cycle, beginning at the source of energy production. The Secretary shall submit the report to Congress.", "id": "H02E6F994CE0A4A7D00005D78A8AB23A4", "header": "Study of energy efficiency standards" }, { "text": "1606. Telecommuting study \n(a) Study required \nThe Secretary, in consultation with the Commission, the Director of the Office of Personnel Management, the Administrator of General Services, and the Administrator of NTIA, shall conduct a study of the energy conservation implications of the widespread adoption of telecommuting by Federal employees in the United States. (b) Required subjects of study \nThe study required by subsection (a) shall analyze the following subjects in relation to the energy saving potential of telecommuting by Federal employees: (1) Reductions of energy use and energy costs in commuting and regular office heating, cooling, and other operations. (2) Other energy reductions accomplished by telecommuting. (3) Existing regulatory barriers that hamper telecommuting, including barriers to broadband telecommunications services deployment. (4) Collateral benefits to the environment, family life, and other values. (c) Report required \nThe Secretary shall submit to the President and Congress a report on the study required by this section not later than 6 months after the date of enactment of this Act. Such report shall include a description of the results of the analysis of each of the subject described in subsection (b). (d) Definitions \nAs used in this section: (1) Secretary \nThe term Secretary means the Secretary of Energy. (2) Commission \nThe term Commission means the Federal Communications Commission. (3) NTIA \nThe term NTIA means the National Telecommunications and Information Administration of the Department of Commerce. (4) Telecommuting \nThe term telecommuting means the performance of work functions using communications technologies, thereby eliminating or substantially reducing the need to commute to and from traditional worksites. (5) Federal employee \nThe term Federal employee has the meaning provided the term employee by section 2105 of title 5, United States Code.", "id": "H63237BB7F90042B084CB9087F1B03740", "header": "Telecommuting study" }, { "text": "1607. Liheap report \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall transmit to Congress a report on how the Low-Income Home Energy Assistance Program could be used more effectively to prevent loss of life from extreme temperatures. In preparing such report, the Secretary shall consult with appropriate officials in all 50 States and the District of Columbia.", "id": "H5ED2F8AEA8E04048BB8565202BCF2B34", "header": "Liheap report" }, { "text": "1608. Oil bypass filtration technology \nThe Secretary of Energy and the Administrator of the Environmental Protection Agency shall— (1) conduct a joint study of the benefits of oil bypass filtration technology in reducing demand for oil and protecting the environment; (2) examine the feasibility of using oil bypass filtration technology in Federal motor vehicle fleets; and (3) include in such study, prior to any determination of the feasibility of using oil bypass filtration technology, the evaluation of products and various manufacturers.", "id": "H90975FF3985F406ABC0053B05B7C00A2", "header": "Oil bypass filtration technology" }, { "text": "1609. Total integrated thermal systems \nThe Secretary of Energy shall— (1) conduct a study of the benefits of total integrated thermal systems in reducing demand for oil and protecting the environment; and (2) examine the feasibility of using total integrated thermal systems in Department of Defense and other Federal motor vehicle fleets.", "id": "H1C0A268D5F49495B8F19E86461C3001D", "header": "Total integrated thermal systems" }, { "text": "1610. University collaboration \nNot later than 2 years after the date of enactment of this Act, the Secretary of Energy shall transmit to Congress a report that examines the feasibility of promoting collaborations between large institutions of higher education and small institutions of higher education through grants, contracts, and cooperative agreements made by the Secretary for energy projects. The Secretary shall also consider providing incentives for the inclusion of small institutions of higher education, including minority-serving institutions, in energy research grants, contracts, and cooperative agreements.", "id": "HA89CE44F676B43B4BD2C97FBBB21D51C", "header": "University collaboration" }, { "text": "1611. Reliability and consumer protection assessment \nNot later than 5 years after the date of enactment of this Act, and each 5 years thereafter, the Federal Energy Regulatory Commission shall assess the effects of the exemption of electric cooperatives and government-owned utilities from Commission regulation under section 201(f) of the Federal Power Act. The assessment shall include any effects on— (1) reliability of interstate electric transmission networks; (2) benefit to consumers, and efficiency, of competitive wholesale electricity markets; (3) just and reasonable rates for electricity consumers; and (4) the ability of the Commission to protect electricity consumers. If the Commission finds that the 201(f) exemption results in adverse effects on consumers or electric reliability, the Commission shall make appropriate recommendations to Congress pursuant to section 311 of the Federal Power Act.", "id": "HCAB0F094AC1D4CB4AC3DAA2FD8108104", "header": "Reliability and consumer protection assessment" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Health, Safety, and Security of Peace Corps Volunteers Act of 2004.", "id": "HD6AC04272E364D0186F9ACCD73B43F79", "header": "Short Title" }, { "text": "2. Ombudsman of the Peace Corps \nThe Peace Corps Act ( 22 U.S.C. 2501 et seq. ) is amended by inserting after section 4 the following new section: 4A. Ombudsman of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties \nThe Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation \nThe Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation \nThe Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports \n(1) In General \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality \nEach report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition \nIn this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps..", "id": "HA0351BE2292F486B934492766F582BCA", "header": "Ombudsman of the Peace Corps" }, { "text": "4A. Ombudsman of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the Ombudsman ), who shall be appointed by and report directly to the Director of the Peace Corps. (b) Volunteer Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to— (1) the safety and security of volunteers; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance that may be due to current or former volunteers; (4) medical or other health-related assistance; and (5) access to files and records of current or former volunteers. (c) Employee Complaints and Other Matters \nThe Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. (d) Additional Duties \nThe Ombudsman shall— (1) recommend responses to individual matters received under subsections (b) and (c); (2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; (3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and (4) call attention to problems not yet adequately considered by the Peace Corps. (e) Standards of Operation \nThe Ombudsman shall carry out the duties under this section in a manner that is— (1) independent, impartial in the conduct of inquiries, and confidential; and (2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. (f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation \nThe Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. (g) Reports \n(1) In General \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of— (A) the complaints, questions, and concerns considered by the Ombudsman; (B) the inquiries completed by the Ombudsman; (C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and (D) any other matters that the Ombudsman considers relevant. (2) Confidentiality \nEach report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). (h) Definition \nIn this section, the term employee means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.", "id": "HDA3E5B6A61E945E3A6579099A9792579", "header": "Ombudsman of the Peace Corps" }, { "text": "3. Office of Safety and Security of the Peace Corps \nThe Peace Corps Act ( 22 U.S.C. 2501 et seq. ), as amended by section 2 of this Act, is further amended by inserting after section 4A the following new section: 4B. Office of Safety and Security of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities \nThe Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress \nIt is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers..", "id": "H4F831FA10CBB4481B09C22E94FEAD9A9", "header": "Office of Safety and Security of the Peace Corps" }, { "text": "4B. Office of Safety and Security of the Peace Corps \n(a) Establishment \nThere is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the Office ). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. (b) Responsibilities \nThe Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. (c) Sense of Congress \nIt is the sense of Congress that— (1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and (2) each country security coordinator— (A) should be under the supervision of the Peace Corps country director in each such country; (B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; (C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and (D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.", "id": "HA0DA29EC0F5E40C79326495177C15FD", "header": "Office of Safety and Security of the Peace Corps" }, { "text": "4. Office of Medical Services of the Peace Corps \n(a) Report on Medical Screening and Placement Coordination \nNot later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that— (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of— (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons. (b) Definition \nIn subsection (a), the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Full Time Director of Medical Services \nSection 4(c) of the Peace Corps Act ( 22 U.S.C. 2503(c) ) is amended by adding at the end the following new paragraph: (5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps..", "id": "H484BB8CB09F144A684B8208498129ED4", "header": "Office of Medical Services of the Peace Corps" }, { "text": "5. Reports on the Five Year Rule and on Work Assignments of Volunteers of the Peace Corps \n(a) Report by the Comptroller General \n(1) In general \nNot later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents \nThe report described in paragraph (1) shall include— (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act ( 22 U.S.C. 2501(a) ), promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people ; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation. (b) Report on Work Assignments of Volunteers \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents \nThe report described in paragraph (1) shall include— (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases. (c) Definition \nIn this section, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H38C42DF3FE4B44FAA406FBCE89B77F08", "header": "Reports on the Five Year Rule and on Work Assignments of Volunteers of the Peace Corps" }, { "text": "6. Inspector General of the Peace Corps \n(a) Establishment of Independent Inspector General \n(1) In General \nThe Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 8G(a)(2), by striking , the Peace Corps ; (B) in section 9(a)(1), by adding at the end the following new subparagraph: (X) of the Peace Corps, the office of that agency referred to as the Office of Inspector General ; and ; and (C) in section 11— (i) in paragraph (1), by striking or the Office of Personnel Management and inserting the Office of Personnel Management, or the Peace Corps ; and (ii) in paragraph (2), by inserting , the Peace Corps after the Office of Personnel Management. (2) Technical Amendment \nSection 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking and at the end. (b) Temporary Appointment \nThe Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section. (c) Exemption from Employment Term Limits Under the Peace Corps Act \n(1) In General \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ) is amended— (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: (c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to— (1) the Inspector General of the Peace Corps; (2) officers of the Office of the Inspector General of the Peace Corps; (3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; (4) the head of the office responsible for medical services of the Peace Corps; or (5) any health care professional within the office responsible for medical services of the Peace Corps.. (2) Conforming Amendment \nThe first proviso of section 15(d)(4) of the Peace Corps Act ( 22 U.S.C. 2514(d)(4) ) is amended by striking 7(c) and inserting 7(b). (d) Compensation \nSection 7 of the Peace Corps Act ( 22 U.S.C. 2506 ), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: (d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code..", "id": "HCBE3484BA94A4910BFF1AE88267B083", "header": "Inspector General of the Peace Corps" } ]

[ { "text": "1. Gas hydrate production incentive \n(a) Purpose \nThe purpose of this section is to promote natural gas production from the abundant natural gas hydrate resources on the outer Continental Shelf and Federal lands in Alaska by providing royalty incentives. (b) Suspension of royalties \n(1) In general \nThe Secretary of the Interior shall grant royalty relief for natural gas produced from gas hydrate resources under any lease issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), and under any oil and gas lease issued for onshore Federal lands in Alaska, if the lease (eligible lease) is issued prior to January 1, 2016, and production of natural gas from the gas hydrate resources commences prior to January 1, 2018. (2) Amount of relief \nThe Secretary shall grant royalty relief to an eligible lease as a suspension volume of at least 50 billion cubic feet of natural gas produced from gas hydrate resources per nine square mile leased tract, in addition to any other royalty relief provisions applicable to the eligible lease not specifically granting a gas hydrate production incentive. The minimum suspension volume for leased tracts that are smaller or larger than nine square miles shall be adjusted on a proportional basis. For purposes of this section, the term gas hydrate resources includes both the natural gas content of the gas hydrates within the hydrate stability zone and the free natural gas trapped by and beneath the hydrate stability zone. (c) Application to existing leases \nAny relief granted under the authority of this section shall fully apply to leases in existence on the date of the enactment of this Act. (d) Rulemakings \nThe Secretary shall complete any rulemakings implementing this section within 365 days of the date of the enactment of this Act.", "id": "H80B57DA4F4B74F4497F472BF802B21C2", "header": "Gas hydrate production incentive" } ]

[ { "text": "1. Redesignation of transitional areas for 8-hour ozone standard \nSection 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ) is amended by adding the following new subparagraph at the end of paragraph (3): (G) In addition to the authority to redesignate areas under other provisions of this paragraph, the Administrator shall redesignate as transitional any area that has been designated as nonattainment for the 8-hour ozone national primary or secondary ambient air quality standard if— (i) the area consists of a single county; (ii) the county does not qualify as a rural transport area under section 182(h) solely by reason of the presence of an adjacent standard metropolitan statistical area or consolidated metropolitan statistical area; (iii) the county is not in the ozone transport region established under section 184(a); (iv) the Governor of the State in which the county is located, after consultation with the State air pollution control agency (as defined in section 302(b)), provides to the Administrator a demonstration that ozone control measures in effect for such county will provide that such standard will be attained in such county on or before the date on which State implementation plan provisions are required to be submitted for the attainment and maintenance of such standard in the nonattainment area; and (v) the Governor of the State in which the county is located, after consultation with the State air pollution control agency (as defined in section 302(b)), makes a binding commitment to the Administrator that— (I) the air pollution control agency will (in addition to any other analysis required under other provisions of this Act) make a determination regarding the lowest achievable emission rate (LAER) that would have applied to each major stationary source constructed or modified in the county concerned after the date of the redesignation of the county under this subparagraph if such redesignation had not taken place; and (II) the air pollution control agency will obtain emission offsets in accordance with section 110(q)(2) for ozone and ozone precursors emitted from each source referred to in subclause (I) if the county fails to attain the 8-hour ozone national primary or secondary ambient air quality standard on or before the date on which State implementation plan provisions are required to be submitted as provided in clause (iv). The Administrator shall make such redesignation effective within 30 days after receiving such notice from the Governor..", "id": "HA8DB4CF2E4A64312963F012FC4E3588", "header": "Redesignation of transitional areas for 8-hour ozone standard" }, { "text": "2. State implementation plans for transitional areas \nSection 110 of the Clean Air Act ( 42 U.S.C. 77410 ) is amended by adding the following new subsection at the end thereof: (q) Transitional areas \n(1) Subtitle C \nEach county redesignated as transitional pursuant to section 107(d)(1)(G) shall be treated as an attainment or unclassifiable area for purposes of the prevention of significant deterioration provisions of part C of this title. (2) Failure to attain \nNo later than 3 years after the redesignation of a county as transitional pursuant to subparagraph (G) of section 107(d)(1), the Administrator shall determine whether the county has attained the 8-hour national primary and secondary standards for ozone. If the Administrator determines that a county has not attained such standards— (A) the county shall be redesignated as nonattainment within 1 year of the determination and the State shall be required to submit, within 2 years of such redesignation as nonattainment, a State implementation plan revision for such county satisfying the provisions of part D of this title; and (B) such plan revision shall require, in addition to requirements applicable under other provisions of this Act, that the State air pollution control agency will provide offsets (for periods after the redesignation of the county) in accordance with paragraph (3) for emissions of ozone and ozone precursors from each major stationary source constructed or modified in the county after the date of the redesignation of the county as transitional under such subparagraph (G). (3) Amount and location of offsets \nThe offsets required under subparagraph (B) of paragraph (2) for each major stationary source may be obtained from sources in proximity to the area, in accordance with applicable guidance published by the Administrator. Such offsets shall be equivalent in amount to the difference between the following: (A) The emissions from the major stationary source concerned. (B) The maximum emissions that would have been emitted from that source under the applicable requirments of this Act (including new source review) if the county had not been redesignated as a transitional area under section 107(d)(1)(G) for purposes of the 8-hour national primary and secondary standards for ozone..", "id": "H2DEA630F2CD14682BEAAE99645F4F9C2", "header": "State implementation plans for transitional areas" } ]

[ { "text": "1. Certain capers \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.20.03 Capers, prepared or preserved by vinegar or acetic acid, in containers holding more than 3.4 kg (provided for in subheading 2001.90.10) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Certain capers" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Medicaid and CHIP Safety Net Preservation Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings; purposes; rule of construction Sec. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation Sec. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement Sec. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services Sec. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services Sec. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects Sec. 8. Effective date", "id": "HEEA40C9D789341A5AF6481FEEE2675DE", "header": "Short title; table of contents" }, { "text": "2. Findings; purposes; rule of construction \n(a) Findings \nCongress makes the following findings: (1) Certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) are central to the overall objectives of the medicaid and State children’s health insurance programs and are not properly subject to waiver, modification, or disregard under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) Some of the requirements of titles XIX and XXI of the Social Security Act that promote the overall objectives of the medicaid and State children’s health insurance programs have been waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under such section 1115, despite the explicit requirement in that section that certain requirements of the medicaid and State children’s health insurance programs only may be waived, modified, or disregarded for the purpose of approving an experimental, pilot, or demonstration project if the waiver, modification, or disregard is likely to assist in promoting the objectives of those programs. (b) Purposes \nThe purposes of this Act are the following: (1) To clarify that certain requirements of titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.), which are among those critical to achieving the objectives of the medicaid and State children’s health insurance programs, may not be waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act ( 42 U.S.C. 1315 ). (2) To ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) with respect to the medicaid and State children’s health insurance programs for the purpose of approving experimental, pilot, or demonstration projects is not used inappropriately. (c) Rule of construction \nNothing in this Act or the amendments made by this Act shall be construed to— (1) authorize the waiver, modification, or other disregard of any provision of title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.); or (2) imply congressional approval of any demonstration project affecting the medicaid program under title XIX of the Social Security Act or the State children’s health insurance program under title XXI of such Act that has been approved by the Secretary of Health and Human Services as of the date of enactment of this Act.", "id": "HA9A9A817CCAD43A08E00703BED6C19A7", "header": "Findings; purposes; rule of construction" }, { "text": "3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation \nTitle XIX of the Social Security Act is amended by inserting after section 1925 the following: 1926. Clarifications of authority under section 1115 \n(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation \nThe Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title..", "id": "H4A7E970DF08D4DEC9CAE3E46C0F17535", "header": "Clarification that Section 1115 authority does not permit a cap on Federal financial participation" }, { "text": "1926. Clarifications of authority under section 1115 \n(a) Clarification that section 1115 authority does not permit a cap on Federal financial participation \nThe Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title.", "id": "H9517074527D241ACB22BFCED9B3F00F9", "header": "Clarifications of authority under section 1115" }, { "text": "4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement \nSection 1926 of the Social Security Act , as added by section 3, is amended by adding at the end the following: (b) Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement \nThe Secretary may not approve or impose under the authority of section 1115 an elimination of, or modification limiting, the entitlement (established under section 1902(a), 1905(a), or otherwise) of an individual to receive any medical assistance for which Federal financial participation is claimed under this title..", "id": "H9A08B484E81D49A098004C0700DB3168", "header": "Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement" }, { "text": "5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services \nSection 1926 of the Social Security Act , as added by section 3 and amended by section 4, is amended by adding at the end the following: (c) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services \nThe Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r))) or of the requirements of subparagraphs (A) through (C) of section 1902(a)(43)..", "id": "H590C08AB226448A68E74006928CBF1B2", "header": "Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services" }, { "text": "6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services \nSection 1926 of the Social Security Act , as added by section 3 and amended by sections 4 and 5, is amended by adding at the end the following: (d) Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services \nThe Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in subparagraphs (B) and (C) of section 1905(a)(2) (relating to services provided by a rural health clinic (as defined in section 1905(l)(1)) and services provided by a Federally-qualified health center (as defined in section 1905(l)(2))) or of the requirements of section 1902(bb) (relating to payment for such services)..", "id": "H3A170113B89748C7846D6D059405C4D4", "header": "Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services" }, { "text": "7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects \nSection 1115 of the Social Security Act ( 42 U.S.C. 1315 ) is amended by inserting after subsection (c) the following: (d) In the case of any experimental, pilot, or demonstration project under subsection (a) to assist in promoting the objectives of title XIX or XXI in a State that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing (to the extent permitted under section 1916(f)) with respect to a State program under title XIX or XXI (in this subsection referred to as a demonstration project ) the following shall apply: (1) The Secretary may not approve a proposal for a demonstration project, or for an amendment of a demonstration project, submitted by a State on or after the date of enactment of this subsection, unless the State requesting approval certifies that the State provided reasonable public notice and a reasonable opportunity for receipt and consideration of public comment on the proposal prior to submission of the proposal to the Secretary. Such notice shall include— (A) the proposal; (B) the methodologies underlying the proposal; (C) the justifications for the proposal; (D) the State’s projections regarding the likely effect and impact of the proposal on individuals eligible for assistance and providers or suppliers of items or services under title XIX or XXI (including under any demonstration project conducted in conjunction with either of those titles); and (E) the State’s assumptions on which the projections described in subparagraph (D) are based. (2) With respect to any proposal for a demonstration project, or for an amendment or extension of a demonstration project, which has not been approved or disapproved by the Secretary as of the date of enactment of this subsection, the Secretary shall— (A) provide public notice in the Federal Register and on the Internet website of the Centers for Medicare Medicaid Services of the proposal, any revisions of the proposal, and any conditions for the financing or approval of the proposal; (B) provide adequate opportunity for public comment on the proposal, any revisions of the proposal, and any such conditions; (C) approve such proposal, any revisions of the proposal, and any such conditions only if, after consideration of the public comments received, the Secretary determines that the proposal, any revisions of the proposal, and any such conditions are likely to assist in promoting the objectives of title XIX or XXI and identifies in writing the basis for such determination; and (D) publish on such website all documentation relating to the proposal (including the written determination required under subparagraph (C)), any revisions of the proposal, and any such conditions, including if the proposal, any revisions of the proposal, and any such conditions are approved— (i) the final terms and conditions for the demonstration project; and (ii) a list identifying each provision of title XIX or XXI, and each regulation relating to either such title, with which compliance is waived, modified, or otherwise disregarded or for which costs that would otherwise not be permitted under such title will be allowed..", "id": "HC3584F39B140483488B0D7B46B00629F", "header": "Improvement of the process for the development and approval of medicaid and CHIP demonstration projects" }, { "text": "8. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by sections 3 through 6 shall apply to the approval on or after the date of enactment of this Act of— (1) a waiver, experimental, pilot, or demonstration project under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ); and (2) an amendment or extension of such a project. (b) Exception \nThe amendment made by section 5 shall not apply with respect to any extension of approval of a waiver, experimental, pilot, or demonstration project with respect to title XIX of the Social Security Act that was first approved before 1994 and that provides a comprehensive and preventive child health program under such project that includes screening, diagnosis, and treatment of children who have not attained age 21.", "id": "H329EA54292A7486BBC9DFEEACA8C787", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lower Farmington River and Salmon Brook Wild and Scenic River Study Act of 2004.", "id": "H6031EAE19DB141FFA5B5D5810612B3E5", "header": "Short title" }, { "text": "2. Designation of additional segment of Farmington River and Salmon Brook in Connecticut for study for potential addition to National Wild and Scenic Rivers System \n(a) Findings \nThe Congress finds the following: (1) The Farmington River and Salmon Brook in the State of Connecticut possess important resource values, including wildlife, ecological, and scenic values, and historic sites and a cultural past important to America’s heritage. (3) There is a longstanding interest among State and local officials, area residents, and river and brook users in undertaking a concerted cooperative effort to manage the river and brook in a productive and meaningful way. (b) Designation \nSection 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following new paragraph: (__) Lower Farmington River and Salmon Brook, Connecticut \nThe segment of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its mainstem and east and west branches.. (c) Time for Submission \nNot later than three years after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a report containing the results of the study required by the amendment made by subsection (b). (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "H77CD26F9635A438A9B957EEE6BA9EAF6", "header": "Designation of additional segment of Farmington River and Salmon Brook in Connecticut for study for potential addition to National Wild and Scenic Rivers System" } ]

[ { "text": "1. Short title \nThis Act may be cited as the High Risk Nonprofit Security Enhancement Act of 2004.", "id": "H94E38F2FA06642879459E892F2005101", "header": "Short title" }, { "text": "2. Finding \nCongress finds that there is a public interest in protecting high-risk nonprofit organizations from international terrorist attacks that would disrupt the vital services such organizations provide to the people of the United States and threaten the lives and well-being of United States citizens who operate, utilize, and live or work in proximity to such organizations.", "id": "H5667FB68C6974FE38D5731174CBABB29", "header": "Finding" }, { "text": "3. Purposes \nThe purposes of this Act are to— (1) establish within the Department of Homeland Security a program to protect United States citizens at or near high-risk nonprofit organizations from international terrorist attacks through loan guarantees and Federal contracts for security enhancements and technical assistance; (2) establish a program within the Department of Homeland Security to provide grants to local governments to assist with incremental costs associated with law enforcement in areas in which there are a high concentration of high-risk nonprofit organizations vulnerable to international terrorist attacks; and (3) establish an Office of Community Relations and Civic Affairs within the Department of Homeland Security to focus on security needs of high-risk nonprofit organizations with respect to international terrorist threats.", "id": "HBC28C75E0EE340AFAC06A295272309D0", "header": "Purposes" }, { "text": "4. Authority to enter into contracts and issue Federal loan guarantees \nThe Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by adding at the end the following: XVIII Protection of citizens at high-risk nonprofit organizations \n1801. Definitions \nIn this title: (1) Contract \nThe term contract means a contract between the Federal Government and a contractor selected from the list of certified contractors to perform security enhancements or provide technical assistance approved by the Secretary under this title. (2) Favorable repayment terms \nThe term favorable repayment terms means the repayment terms of loans offered to nonprofit organizations under this title that— (A) are determined by the Secretary, in consultation with the Secretary of the Treasury, to be favorable under current market conditions; (B) have interest rates at least 1 full percentage point below the market rate; and (C) provide for repayment over a term not less than 25 years. (3) Nonprofit organization \nThe term nonprofit organization means an organization that— (A) is described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) is designated by the Secretary under section 1803(a). (4) Security enhancements \nThe term security enhancements — (A) means the purchase and installation of security equipment in real property (including buildings and improvements), owned or leased by a nonprofit organization, specifically in response to the risk of attack at a nonprofit organization by an international terrorist organization; (B) includes software security measures; and (C) does not include enhancements that would otherwise have been reasonably necessary due to nonterrorist threats. (5) Technical assistance \nThe term technical assistance — (A) means guidance, assessment, recommendations, and any other provision of information or expertise which assists nonprofit organizations in— (i) identifying security needs; (ii) purchasing and installing security enhancements; (iii) training employees to use and maintain security enhancements; or (iv) training employees to recognize and respond to international terrorist threats; and (B) does not include technical assistance that would otherwise have been reasonably necessary due to nonterrorist threats. 1802. Authority to enter into contracts and issue Federal loan guarantees \n(a) In general \nThe Secretary may— (1) enter into contracts with certified contractors for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made by such institutions to nonprofit organizations for security enhancements and technical assistance. (b) Loans \nThe Secretary may guarantee loans under this title— (1) only to the extent provided for in advance by appropriations Acts; and (2) only to the extent such loans have favorable repayment terms. 1803. Eligibility criteria \n(a) In general \nThe Secretary shall designate nonprofit organizations as high-risk nonprofit organizations eligible for contracts or loans under this title based on the vulnerability of the specific site of the nonprofit organization to international terrorist attacks. (b) Vulnerability determination \nIn determining vulnerability to international terrorist attacks and eligibility for security enhancements or technical assistance under this title, the Secretary shall consider— (1) threats of international terrorist organizations (as designated by the State Department) against any group of United States citizens who operate or are the principal beneficiaries or users of the nonprofit organization; (2) prior attacks, within or outside the United States, by international terrorist organizations against the nonprofit organization or entities associated with or similarly situated as the nonprofit organization; (3) the symbolic value of the site as a highly recognized United States cultural or historical institution that renders the site a possible target of international terrorism; (4) the role of the nonprofit organization in responding to international terrorist attacks; and (5) any recommendations of the applicable State Homeland Security Authority established under section 1806 or Federal, State, and local law enforcement authorities. (c) Documentation \nIn order to be eligible for security enhancements, technical assistance or loan guarantees under this title, the nonprofit organization shall provide the Secretary with documentation that— (1) the nonprofit organization hosted a gathering of at least 100 or more persons at least once each month at the nonprofit organization site during the preceding 12 months; or (2) the nonprofit organization provides services to at least 500 persons each year at the nonprofit organization site. (d) Technical assistance organizations \nIf 2 or more nonprofit organizations establish another nonprofit organization to provide technical assistance, that established organization shall be eligible to receive security enhancements and technical assistance under this title based upon the collective risk of the nonprofit organizations it serves. 1804. Use of loan guarantees \nFunds borrowed from lending institutions, which are guaranteed by the Federal Government under this title, may be used for technical assistance and security enhancements. 1805. Nonprofit organization applications \n(a) In general \nA nonprofit organization desiring assistance under this title shall submit a separate application for each specific site needing security enhancements or technical assistance. (b) Content \nEach application shall include— (1) a detailed request for security enhancements and technical assistance, from a list of approved enhancements and assistance issued by the Secretary under this title; (2) a description of the intended uses of funds to be borrowed under Federal loan guarantees; and (3) such other information as the Secretary shall require. (c) Joint application \nTwo or more nonprofit organizations located on contiguous sites may submit a joint application. 1806. Review by State Homeland Security Authorities \n(a) Establishment of State Homeland Security Authorities \nIn accordance with regulations prescribed by the Secretary, each State may establish a State Homeland Security Authority to carry out this title. (b) Applications \n(1) Submission \nApplications shall be submitted to the applicable State Homeland Security Authority. (2) Evaluation \nAfter consultation with Federal, State, and local law enforcement authorities, the State Homeland Security Authority shall evaluate all applications using the criteria under section 1803 and transmit all qualifying applications to the Secretary ranked by severity of risk of international terrorist attack. (3) Appeal \nAn applicant may appeal the finding that an application is not a qualifying application to the Secretary under procedures that the Secretary shall issue by regulation not later than 90 days after the date of enactment of this title. 1807. Security enhancement and technical assistance contracts and loan guarantees \n(a) In General \nUpon receipt of the applications, the Secretary shall select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack based on criteria under section 1803. (b) Security Enhancements and Technical Assistance; Followed by Loan Guarantees \nThe Secretary shall execute security enhancement and technical assistance contracts for the highest priority applicants until available funds are expended, after which loan guarantees shall be made available for additional applicants determined to be at high risk, up to the authorized amount of loan guarantees. The Secretary may provide with respect to a single application a combination of such contracts and loan guarantees. (c) Joint applications \nSpecial preference shall be given to joint applications submitted on behalf of multiple nonprofit organizations located in contiguous settings. (d) Maximizing Available Funds \nSubject to subsection (b), the Secretary shall execute security enhancement and technical assistance contracts in such amounts as to maximize the number of high-risk applicants nationwide receiving assistance under this title. (e) Applicant Notification \nUpon selecting a nonprofit organization for assistance under this title, the Secretary shall notify the nonprofit organization that the Federal Government is prepared to enter into a contract with certified contractors to install specified security enhancements or provide specified technical assistance at the site of the nonprofit organization. (f) Certified Contractors \n(1) In general \nUpon receiving a notification under subsection (e), the nonprofit organization shall select a certified contractor to perform the specified security enhancements, from a list of certified contractors issued and maintained by the Secretary under subsection (j). (2) List \nThe list referred to in paragraph (1) shall be comprised of contractors selected on the basis of— (A) technical expertise; (B) performance record including quality and timeliness of work performed; (C) adequacy of employee criminal background checks; and (D) price competitiveness. (3) Other certified contractors \nThe Secretary shall include on the list of certified contractors additional contractors selected by senior officials at State Homeland Security Authorities and the chief executives of county and other local jurisdictions. Such additional certified contractors shall be selected on the basis of the criteria under paragraph (2). (g) Ensuring the Availability of Contractors \nIf the list of certified contractors under this section does not include any contractors who can begin work on the security enhancements or technical assistance within 60 days after applicant notification, the nonprofit organization may submit a contractor not currently on the list to the Secretary for the Secretary’s review. If the Secretary does not include the submitted contractor on the list of certified contractors within 60 days after the submission and does not place an alternative contractor on the list within the same time period (who would be available to begin the specified work within that 60-day period), the Secretary shall immediately place the submitted contractor on the list of certified contractors and such contractor shall remain on such list until— (1) the specified work is completed; or (2) the Secretary can show cause why such contractor may not retain certification, with such determinations subject to review by the Comptroller General of the United States. (h) Contracts \nUpon selecting a certified contractor to provide security enhancements and technical assistance approved by the Secretary under this title, the nonprofit organization shall notify the Secretary of such selection. The Secretary shall deliver a contract to such contractor within 10 business days after such notification. (i) Contracts for Additional Work or Upgrades \nA nonprofit organization, using its own funds, may enter into an additional contract with the certified contractor, for additional or upgraded security enhancements or technical assistance. Such additional contracts shall be separate contracts between the nonprofit organization and the contractor. (j) Expediting Assistance \nIn order to expedite assistance to nonprofit organizations, the Secretary shall— (1) compile a list of approved technical assistance and security enhancement activities within 45 days after the date of enactment of this title; (2) publish in the Federal Register within 60 days after such date of enactment a request for contractors to submit applications to be placed on the list of certified contractors under this section; (3) after consultation with the Secretary of the Treasury, publish in the Federal Register within 60 days after such date of enactment, prescribe regulations setting forth the conditions under which loan guarantees shall be issued under this title, including application procedures, expeditious review of applications, underwriting criteria, assignment of loan guarantees, modifications, commercial validity, defaults, and fees; and (4) publish in the Federal Register within 120 days after such date of enactment (and every 30 days thereafter) a list of certified contractors, including those selected by State Homeland Security Authorities, county, and local officials, with coverage of all 50 States, the District of Columbia, and the territories. 1808. Local law enforcement assistance grants \n(a) In General \nThe Secretary may provide grants to units of local government to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofit organizations. (b) Use \nGrant funds received under this section may be used only for personnel costs or for equipment needs specifically related to such incremental costs. (c) Maximization of Impact \nThe Secretary shall award grants in such amounts as to maximize the impact of available funds in protecting nonprofit organizations nationwide from international terrorist attacks. 1809. Office of Community Relations and Civic Affairs \n(a) In General \nThere is established within the Department, the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance. (b) Additional Responsibilities \nThe Office of Community Relations and Civic Affairs shall— (1) coordinate community relations efforts of the Department; (2) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (3) assist in coordinating the needs of those communities with the Citizen Corps program. 1810. Authorization of appropriations and loan guarantees \n(a) Nonprofit organizations program \nThere are authorized to be appropriated to the Department to carry out the nonprofit organization program under this title, $100,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (b) Local law enforcement assistance grants \nThere are authorized to be appropriated to the Department for local law enforcement assistance grants under section 1808, $50,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (c) Office of Community Relations and Civic Affairs \nThere are authorized to be appropriated to the Department for the Office of Community Relations and Civic Affairs under section 1809, $5,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (d) Loan Guarantees \n(1) Authorization of appropriations \nThere are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, such amounts as may be required under the Federal Credit Act with respect to Federal loan guarantees authorized by this title, which shall remain available until expended. (2) Limitation \nThe aggregate value of all loans for which loan guarantees are issued under this title by the Secretary may not exceed $250,000,000 in each of fiscal years 2005, 2006, and 2007..", "id": "H34B86715B949425980EE00583D70FE10", "header": "Authority to enter into contracts and issue Federal loan guarantees" }, { "text": "1801. Definitions \nIn this title: (1) Contract \nThe term contract means a contract between the Federal Government and a contractor selected from the list of certified contractors to perform security enhancements or provide technical assistance approved by the Secretary under this title. (2) Favorable repayment terms \nThe term favorable repayment terms means the repayment terms of loans offered to nonprofit organizations under this title that— (A) are determined by the Secretary, in consultation with the Secretary of the Treasury, to be favorable under current market conditions; (B) have interest rates at least 1 full percentage point below the market rate; and (C) provide for repayment over a term not less than 25 years. (3) Nonprofit organization \nThe term nonprofit organization means an organization that— (A) is described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) is designated by the Secretary under section 1803(a). (4) Security enhancements \nThe term security enhancements — (A) means the purchase and installation of security equipment in real property (including buildings and improvements), owned or leased by a nonprofit organization, specifically in response to the risk of attack at a nonprofit organization by an international terrorist organization; (B) includes software security measures; and (C) does not include enhancements that would otherwise have been reasonably necessary due to nonterrorist threats. (5) Technical assistance \nThe term technical assistance — (A) means guidance, assessment, recommendations, and any other provision of information or expertise which assists nonprofit organizations in— (i) identifying security needs; (ii) purchasing and installing security enhancements; (iii) training employees to use and maintain security enhancements; or (iv) training employees to recognize and respond to international terrorist threats; and (B) does not include technical assistance that would otherwise have been reasonably necessary due to nonterrorist threats.", "id": "H3F2621568876440A99F019B089003119", "header": "Definitions" }, { "text": "1802. Authority to enter into contracts and issue Federal loan guarantees \n(a) In general \nThe Secretary may— (1) enter into contracts with certified contractors for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees to financial institutions in connection with loans made by such institutions to nonprofit organizations for security enhancements and technical assistance. (b) Loans \nThe Secretary may guarantee loans under this title— (1) only to the extent provided for in advance by appropriations Acts; and (2) only to the extent such loans have favorable repayment terms.", "id": "HA5C21025EC7849A3B66F92455DB6D922", "header": "Authority to enter into contracts and issue Federal loan guarantees" }, { "text": "1803. Eligibility criteria \n(a) In general \nThe Secretary shall designate nonprofit organizations as high-risk nonprofit organizations eligible for contracts or loans under this title based on the vulnerability of the specific site of the nonprofit organization to international terrorist attacks. (b) Vulnerability determination \nIn determining vulnerability to international terrorist attacks and eligibility for security enhancements or technical assistance under this title, the Secretary shall consider— (1) threats of international terrorist organizations (as designated by the State Department) against any group of United States citizens who operate or are the principal beneficiaries or users of the nonprofit organization; (2) prior attacks, within or outside the United States, by international terrorist organizations against the nonprofit organization or entities associated with or similarly situated as the nonprofit organization; (3) the symbolic value of the site as a highly recognized United States cultural or historical institution that renders the site a possible target of international terrorism; (4) the role of the nonprofit organization in responding to international terrorist attacks; and (5) any recommendations of the applicable State Homeland Security Authority established under section 1806 or Federal, State, and local law enforcement authorities. (c) Documentation \nIn order to be eligible for security enhancements, technical assistance or loan guarantees under this title, the nonprofit organization shall provide the Secretary with documentation that— (1) the nonprofit organization hosted a gathering of at least 100 or more persons at least once each month at the nonprofit organization site during the preceding 12 months; or (2) the nonprofit organization provides services to at least 500 persons each year at the nonprofit organization site. (d) Technical assistance organizations \nIf 2 or more nonprofit organizations establish another nonprofit organization to provide technical assistance, that established organization shall be eligible to receive security enhancements and technical assistance under this title based upon the collective risk of the nonprofit organizations it serves.", "id": "HA183DA0F27144EF8A117F3B4D1E3417B", "header": "Eligibility criteria" }, { "text": "1804. Use of loan guarantees \nFunds borrowed from lending institutions, which are guaranteed by the Federal Government under this title, may be used for technical assistance and security enhancements.", "id": "HB5B16409BE2243E593E2A57C296D743F", "header": "Use of loan guarantees" }, { "text": "1805. Nonprofit organization applications \n(a) In general \nA nonprofit organization desiring assistance under this title shall submit a separate application for each specific site needing security enhancements or technical assistance. (b) Content \nEach application shall include— (1) a detailed request for security enhancements and technical assistance, from a list of approved enhancements and assistance issued by the Secretary under this title; (2) a description of the intended uses of funds to be borrowed under Federal loan guarantees; and (3) such other information as the Secretary shall require. (c) Joint application \nTwo or more nonprofit organizations located on contiguous sites may submit a joint application.", "id": "H5499591C0CB94AF000CB8F20D8C5A9A4", "header": "Nonprofit organization applications" }, { "text": "1806. Review by State Homeland Security Authorities \n(a) Establishment of State Homeland Security Authorities \nIn accordance with regulations prescribed by the Secretary, each State may establish a State Homeland Security Authority to carry out this title. (b) Applications \n(1) Submission \nApplications shall be submitted to the applicable State Homeland Security Authority. (2) Evaluation \nAfter consultation with Federal, State, and local law enforcement authorities, the State Homeland Security Authority shall evaluate all applications using the criteria under section 1803 and transmit all qualifying applications to the Secretary ranked by severity of risk of international terrorist attack. (3) Appeal \nAn applicant may appeal the finding that an application is not a qualifying application to the Secretary under procedures that the Secretary shall issue by regulation not later than 90 days after the date of enactment of this title.", "id": "HACC4EAEF8C74495689FC8D623F7BC609", "header": "Review by State Homeland Security Authorities" }, { "text": "1807. Security enhancement and technical assistance contracts and loan guarantees \n(a) In General \nUpon receipt of the applications, the Secretary shall select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack based on criteria under section 1803. (b) Security Enhancements and Technical Assistance; Followed by Loan Guarantees \nThe Secretary shall execute security enhancement and technical assistance contracts for the highest priority applicants until available funds are expended, after which loan guarantees shall be made available for additional applicants determined to be at high risk, up to the authorized amount of loan guarantees. The Secretary may provide with respect to a single application a combination of such contracts and loan guarantees. (c) Joint applications \nSpecial preference shall be given to joint applications submitted on behalf of multiple nonprofit organizations located in contiguous settings. (d) Maximizing Available Funds \nSubject to subsection (b), the Secretary shall execute security enhancement and technical assistance contracts in such amounts as to maximize the number of high-risk applicants nationwide receiving assistance under this title. (e) Applicant Notification \nUpon selecting a nonprofit organization for assistance under this title, the Secretary shall notify the nonprofit organization that the Federal Government is prepared to enter into a contract with certified contractors to install specified security enhancements or provide specified technical assistance at the site of the nonprofit organization. (f) Certified Contractors \n(1) In general \nUpon receiving a notification under subsection (e), the nonprofit organization shall select a certified contractor to perform the specified security enhancements, from a list of certified contractors issued and maintained by the Secretary under subsection (j). (2) List \nThe list referred to in paragraph (1) shall be comprised of contractors selected on the basis of— (A) technical expertise; (B) performance record including quality and timeliness of work performed; (C) adequacy of employee criminal background checks; and (D) price competitiveness. (3) Other certified contractors \nThe Secretary shall include on the list of certified contractors additional contractors selected by senior officials at State Homeland Security Authorities and the chief executives of county and other local jurisdictions. Such additional certified contractors shall be selected on the basis of the criteria under paragraph (2). (g) Ensuring the Availability of Contractors \nIf the list of certified contractors under this section does not include any contractors who can begin work on the security enhancements or technical assistance within 60 days after applicant notification, the nonprofit organization may submit a contractor not currently on the list to the Secretary for the Secretary’s review. If the Secretary does not include the submitted contractor on the list of certified contractors within 60 days after the submission and does not place an alternative contractor on the list within the same time period (who would be available to begin the specified work within that 60-day period), the Secretary shall immediately place the submitted contractor on the list of certified contractors and such contractor shall remain on such list until— (1) the specified work is completed; or (2) the Secretary can show cause why such contractor may not retain certification, with such determinations subject to review by the Comptroller General of the United States. (h) Contracts \nUpon selecting a certified contractor to provide security enhancements and technical assistance approved by the Secretary under this title, the nonprofit organization shall notify the Secretary of such selection. The Secretary shall deliver a contract to such contractor within 10 business days after such notification. (i) Contracts for Additional Work or Upgrades \nA nonprofit organization, using its own funds, may enter into an additional contract with the certified contractor, for additional or upgraded security enhancements or technical assistance. Such additional contracts shall be separate contracts between the nonprofit organization and the contractor. (j) Expediting Assistance \nIn order to expedite assistance to nonprofit organizations, the Secretary shall— (1) compile a list of approved technical assistance and security enhancement activities within 45 days after the date of enactment of this title; (2) publish in the Federal Register within 60 days after such date of enactment a request for contractors to submit applications to be placed on the list of certified contractors under this section; (3) after consultation with the Secretary of the Treasury, publish in the Federal Register within 60 days after such date of enactment, prescribe regulations setting forth the conditions under which loan guarantees shall be issued under this title, including application procedures, expeditious review of applications, underwriting criteria, assignment of loan guarantees, modifications, commercial validity, defaults, and fees; and (4) publish in the Federal Register within 120 days after such date of enactment (and every 30 days thereafter) a list of certified contractors, including those selected by State Homeland Security Authorities, county, and local officials, with coverage of all 50 States, the District of Columbia, and the territories.", "id": "HCFF75DA1ADC84105B880706EAF5B55B2", "header": "Security enhancement and technical assistance contracts and loan guarantees" }, { "text": "1808. Local law enforcement assistance grants \n(a) In General \nThe Secretary may provide grants to units of local government to offset incremental costs associated with law enforcement in areas where there is a high concentration of nonprofit organizations. (b) Use \nGrant funds received under this section may be used only for personnel costs or for equipment needs specifically related to such incremental costs. (c) Maximization of Impact \nThe Secretary shall award grants in such amounts as to maximize the impact of available funds in protecting nonprofit organizations nationwide from international terrorist attacks.", "id": "H0F244C6DD7B441B3A0E9AD2F00C79DBB", "header": "Local law enforcement assistance grants" }, { "text": "1809. Office of Community Relations and Civic Affairs \n(a) In General \nThere is established within the Department, the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance. (b) Additional Responsibilities \nThe Office of Community Relations and Civic Affairs shall— (1) coordinate community relations efforts of the Department; (2) serve as the official liaison of the Secretary to the nonprofit, human and social services, and faith-based communities; and (3) assist in coordinating the needs of those communities with the Citizen Corps program.", "id": "HE0694B79A3364C58AEDC47C7D465AB45", "header": "Office of Community Relations and Civic Affairs" }, { "text": "1810. Authorization of appropriations and loan guarantees \n(a) Nonprofit organizations program \nThere are authorized to be appropriated to the Department to carry out the nonprofit organization program under this title, $100,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (b) Local law enforcement assistance grants \nThere are authorized to be appropriated to the Department for local law enforcement assistance grants under section 1808, $50,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (c) Office of Community Relations and Civic Affairs \nThere are authorized to be appropriated to the Department for the Office of Community Relations and Civic Affairs under section 1809, $5,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 and 2007. (d) Loan Guarantees \n(1) Authorization of appropriations \nThere are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, such amounts as may be required under the Federal Credit Act with respect to Federal loan guarantees authorized by this title, which shall remain available until expended. (2) Limitation \nThe aggregate value of all loans for which loan guarantees are issued under this title by the Secretary may not exceed $250,000,000 in each of fiscal years 2005, 2006, and 2007.", "id": "H14EED9F41BA34E6B85C463FE7ED14328", "header": "Authorization of appropriations and loan guarantees" }, { "text": "5. Technical and conforming amendment \nThe table of contents under section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(b) ) is amended by adding at the end the following: TITLE XVIII—Protection of citizens at high-risk nonprofit organizations Sec. 1801. Definitions Sec. 1802. Authority to enter into contracts and issue Federal loan guarantees Sec. 1803. Eligibility criteria Sec. 1804. Use of loan guarantees Sec. 1805. Nonprofit organization applications Sec. 1806. Review by State Homeland Security Authorities Sec. 1807. Security enhancement and technical assistance contracts and loan guarantees Sec. 1808. Local law enforcement assistance grants Sec. 1809. Office of Community Relations and Civic Affairs Sec. 1810. Authorization of appropriations and loan guarantees.", "id": "H0AC4C0666C014624AF383B71A05F590", "header": "Technical and conforming amendment" } ]

[ { "text": "1. Increase in amount of credit for basic research \n(a) In general \nParagraph (2) of section 41(a) of the Internal Revenue Code of 1986 (relating to general rule for credit for increasing research activities) is amended by striking 20 percent and inserting 60 percent. (b) Effective date \nThe amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H19EEA8817EB7481AA4E0135F097F58DD", "header": "Increase in amount of credit for basic research" } ]

[ { "text": "101. Short title \nThis Act may be cited as the National Oceanic and Atmospheric Administration Organic Act of 2004.", "id": "HC8B3C27A680145DF95A131E9244224BC", "header": "Short title" }, { "text": "102. Establishment \nThere is established within the Department of Commerce, the National Oceanic and Atmospheric Administration.", "id": "HDF65473016314890BD74AE76F7C9AD33", "header": "Establishment" }, { "text": "103. Definitions \nAs used in this Act: (1) The terms NOAA and Administration mean the National Oceanic and Atmospheric Administration established by section 102. (2) The term Secretary means the Secretary of Commerce. (3) The terms Under Secretary or Administrator mean the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. (4) The terms Assistant Secretary or Deputy Administrator mean the Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy Administrator of the National Oceanic and Atmospheric Administration.", "id": "HD1077407A06F4C968E3CAECE08B398AF", "header": "Definitions" }, { "text": "104. Positions \n(a) Under secretary \nThere shall be within NOAA an Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration appointed by the President by and with the advice and consent of the Senate. Subject to the authority of the Secretary of Commerce, the Under Secretary shall be the head of NOAA and shall have authority, direction and control of NOAA. Any authority, power or function vested by law in NOAA, or any officer, employee or part of NOAA, is vested in, and may be exercised by, the Under Secretary. The Under Secretary may, without being relieved of the Under Secretary’s responsibility, perform any of the Under Secretary’s functions or duties, or exercise any of the Under Secretary’s powers through, or with the aid of, such persons in, or organizations of, NOAA as the Under Secretary may designate. (b) Assistant secretary \nThere shall be within NOAA an Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy Administrator of the National Oceanic and Atmospheric Administration. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall perform such functions as the Under Secretary may prescribe. The Assistant Secretary shall perform the functions of the Under Secretary during the disability of the Under Secretary or when the office of Under Secretary is vacant. (c) Deputy under secretary \nThere shall be within NOAA a Deputy Under Secretary of Commerce for Oceans and Atmosphere appointed in the Senior Executive Service, without regard to limitations under section 3133 of Title 5, United States Code, by the Secretary. The Deputy Under Secretary shall perform the functions of the Assistant Secretary during the disability of the Assistant Secretary or when the office of Assistant Secretary is vacant. (d) Establishment of additional positions \nTo carry out the functions of NOAA assigned by law, and consistent with applicable law including title II of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107–372 ), the Under Secretary may establish positions within NOAA and prescribe the authorities and duties of such positions.", "id": "HBDCE6650A5804F55A84200774C5D75E7", "header": "Positions" }, { "text": "105. Purposes and authorities \n(a) Purposes \nNOAA’s purposes shall be to: (1) observe, assess and predict the status of and changes in ocean, coastal, and Great Lakes ecosystems, and in the atmosphere, including the near-space environment; (2) manage, protect and restore the Nation's ocean, coastal and Great Lakes areas, living and nonliving marine resources, including fisheries, and vulnerable species and habitats, including ecosystem approaches; (3) collect, store, analyze and provide reliable scientific data and information through means including research, observations (in-situ and remotely sensed), forecasts and assessments relating to weather (including space weather), climate, air quality, water, marine resources and ecosystems that can be used as a basis for sound management and public safety decisions; (4) protect lives and property and expand economic opportunities; and (5) pursue its purposes complementary to, and in partnership with, Federal agencies, instrumentalities and laboratories; State and local governments; Native American tribes and organizations; international organizations; foreign governments; educational institutions; nonprofit organizations; commercial organizations; and other public and private persons or entities, as appropriate. (b) Basic authorities \nIn addition to any other authority provided to the Under Secretary by law or by delegation from the Secretary, the Under Secretary shall have the following authorities with respect to NOAA and the implementation of this Act: (1) Authorities that were, immediately prior to the enactment of this Act, vested by law, including under Reorganization Plan No. 4 of 1970 ( 5 U.S.C. App. 1 ), in NOAA, or in the Secretary with respect to NOAA. (2) Authority to promulgate rules and regulations as necessary or appropriate. (3) Without regard to section 3324(a) and (b) of Title 31, authority to enter into and perform such contracts, leases, grants, cooperative agreements, or other transactions (without regard to 31 U.S.C. 6301 et seq. ), as may be necessary to carry out NOAA's purposes and authorities, on terms it deems appropriate, with Federal agencies, instrumentalities and laboratories; State and local governments; Native American tribes and organizations; international organizations; foreign governments; educational institutions; nonprofit organizations; commercial organizations; and other public and private persons or entities. (4) Authority to accept from any source, hold, administer, invest, dispose of and utilize gifts, bequests, or devises of services, money, securities or property (whether real, personal, intellectual or of any other kind) or any interest therein, and the income therefrom or the proceeds upon disposition thereof, without regard to section 1342 of Title 31, United States Code, and such money, income or proceeds shall be available to NOAA for obligation and expenditure to carry out the purposes of NOAA under this Act. (5) Authority to use, with their consent, and with or without reimbursement, the services, equipment, personnel, and facilities of: Federal agencies, instrumentalities and laboratories; State and local governments; Native American tribes and organizations; international organizations; foreign governments; educational institutions; nonprofit organizations; commercial organizations; and other public and private persons or entities. (6) Authority to disseminate information and conduct education and outreach in direct support of the purposes outlined under section 105(a). (7) Authority to— (A) acquire (by purchase, lease, or otherwise), lease, invest, sell, dispose of or convey services, money, securities or property (whether real, personal, intellectual or of any other kind) or interest therein; and (B) construct, improve, repair, operate, maintain and dispose of real or personal property, including but not limited to buildings, facilities, and land. (8) Authority to— (A) purchase or hire passenger motor vehicles as necessary for the implementation of this Act; (B) procure the services of experts or consultants (or of organizations of experts or consultants) as described in and in accordance with the first two sentences of section 3109(b) of Title 5, and, when determined necessary by the Under Secretary, without regard to the time limitation in the first sentence of section 3109(b), at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for Level III of the Executive Schedule of section 5313 of Title 5, and pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law; (C) install, repair, and maintain telephones and telephone wiring and pay telephone service tolls or other charges with respect to residences owned or leased by the United States Government and, to the extent necessary to implement this Act, other private residences, without regard to section 1348 of Title 31, United States Code; and (D) expend appropriations for official reception and representation. (c) Protection against misuse of name, initials and seal \n(1) No person may, except with the written permission of the Under Secretary, knowingly use the words National Oceanic and Atmospheric Administration , the initials NOAA , the seal of NOAA, or the name, acronym or seal of any component or program of NOAA, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by NOAA, or is likely to cause confusion as to the source or origin of goods or services provided therewith. (2) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subparagraph (1), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.", "id": "HE8FD6540A3C9467A004053001FF34B41", "header": "Purposes and authorities" }, { "text": "106. Conforming amendments, repeals and transition \n(a) The Reorganization Plan No. 4 of 1970 ( 5 U.S.C. App. 1 ) is repealed. (b) Any reference, in any law, rule, regulation, directive, or instruction, or certificate or other official document, in force immediately prior to enactment of this Act— (1) to the National Oceanic and Atmospheric Administration shall be deemed to refer and apply to the National Oceanic and Atmospheric Administration established by section 102 of this Act; (2) to the Under Secretary of Commerce for Oceans and Atmosphere, or to the Administrator of the National Oceanic and Atmospheric Administration, shall be deemed to refer and apply to the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration to whom subsection 104(a) of this Act refers; and (3) to any other position in NOAA shall be deemed to refer and apply to that same position in the National Oceanic and Atmospheric Administration established by section 102 of this Act. (c) Subsections 407(a) and 407(b) of Public Law 99–659 (15 U.S.C. 1503b and 1507c) are repealed. (d) Conforming amendments to executive schedule \nTitle 5 of the United States Code is amended— (1) in section 5314, by striking Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration. and inserting in lieu thereof Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. ; and (2) in section 5315, by striking Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration. and inserting in lieu thereof Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy Administrator of the National Oceanic and Atmospheric Administration.. (e) Transition; initial appointments \nNotwithstanding any provision in subsections 104(a) and (b) of this Act to the contrary, the first individual appointed to the position of Under Secretary, and the first individual appointed to the position of Assistant Secretary, shall be appointed by the President alone.", "id": "H4B8A8D5CF4BB4CB6BB43FF3BA8C94F9", "header": "Conforming amendments, repeals and transition" }, { "text": "107. Savings provision \nAll rules and regulations, determinations, standards, contracts, certifications, authorizations, appointments, delegations, results and findings of investigations, or other actions duly issued, made, or taken by or pursuant to or under the authority of any statute which resulted in the assignment of functions or activities to the Secretary, the Department of Commerce, the Under Secretary, or any other official of NOAA, as are in effect immediately before enactment of this Act shall continue in full force and effect after enactment of this Act until modified or rescinded.", "id": "HFFF13761B9E342FC8743F9499CEFEFB4", "header": "Savings provision" }, { "text": "108. No effect on other authorities \nThis Act does not amend or alter the provisions of other applicable acts unless otherwise noted. Nothing in this Act shall derogate from the duties and functions of any other agency or otherwise alter current authorities relating to those agencies.", "id": "H49D55206FAFA4043A8593253EE023DC3", "header": "No effect on other authorities" }, { "text": "201. Amendments \nSections 2 through 8 of the National Advisory Committee on Oceans and Atmosphere Act of 1977 ( Public Law 95–63 , as amended, 33 U.S.C. 857-13 through 857-18) are amended as follows: (1) In section 2 ( 33 U.S.C. 857-13 ), delete the phrase 18 members to be. (2) Subsection 3(a) ( 33 U.S.C. 857-14(a) ) is amended to read as follows: (a) Appointment and qualifications \n(1) The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the Under Secretary of Commerce for Oceans and Atmosphere (hereinafter the Under Secretary). Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in one or more of the purposes of the National Oceanic and Atmospheric Administration. (2) The Under Secretary shall appoint, as original members, any current members of the National Oceanic and Atmospheric Administration Science Advisory Board who wish to serve in such capacity, together with any additional qualified individuals necessary to fulfill the purposes of the Committee.. (3) Subsection 3(b) ( 33 U.S.C. 857-14(b) ) is revised to read as follows: (b) Terms \n(1) The term of office of a member of the Committee shall be 3 years; except that initial terms of the original appointees shall be staggered to assure continuity of administration. (2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. No individual may serve for more than two consecutive three-year terms. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office.. (4) In subsection 3(c) ( 33 U.S.C. 857-14(c) ), delete President and insert in lieu thereof Under Secretary. (5) Subsection 3(d) ( 33 U.S.C. 857-14(d) ) is revised to read as follows: (d) Duties \nThe Committee shall advise the Under Secretary with respect to the programs administered by the National Oceanic and Atmospheric Administration.. (6) Delete sections 4 and 6 (33 U.S.C. 857-15 and 857-17, respectively), and renumber the remaining sections accordingly. In new section 4, delete for a GS-18 and insert in lieu thereof provided for Level IV of the Executive Schedule Pay Rates. (7) By striking National Advisory Committee on Oceans and Atmosphere wherever that term may appear in sections 2 through 8 of the National Advisory Committee on Oceans and Atmosphere Act of 1977 ( Public Law 95–63 , an amended, 33 U.S.C. 857-13 through 857-18) and substitute in lieu thereof NOAA Advisory Committee on Oceans and Atmosphere.", "id": "H7D4A979E7CE94FE0B1CABA05005F9605", "header": "Amendments" } ]

[ { "text": "1. IMPROVEMENTS TO EMPLOYMENT VERIFICATION SYSTEM \nSection 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ) is amended— (1) in paragraph (1), by inserting before A person or entity has complied the following: Such attestation may be manifested by either a hand-written or an electronic signature. ; (2) in paragraph (2), by adding at the end the following: Such attestation may be manifested by either a hand-written or an electronic signature. ; and (3) in paragraph (3), by inserting a paper or electronic version of after must retain.", "id": "H3207E1DE78624C1DB9146794E5E9B753", "header": "IMPROVEMENTS TO EMPLOYMENT VERIFICATION SYSTEM" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Torture Accountability Act.", "id": "HC591F0A5B0BD43AF87EF05FC7A5CDBA", "header": "Short title" }, { "text": "2. Definition of United States \nSection 2340(3) of title 18, United States Code, is amended to read as follows: (3) United States means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States..", "id": "H058AFE6037A6448F9266E42787027607", "header": "Definition of United States" } ]

[ { "text": "1. Nuclear waste fund management \nBeginning on October 1, 2004, and continuing through the end of the fiscal year when construction is complete for surface facilities for the fully operating repository as described in the license application, fees collected by the Secretary of Energy and deposited into the Nuclear Waste Fund the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) shall be credited to the Nuclear Waste Fund as offsetting collections in amounts not to exceed the amounts annually appropriated during that period from the Nuclear Waste Fund.", "id": "HCA826AA0AB104B00BE8CF5E2DF2FA641", "header": "Nuclear waste fund management" }, { "text": "2. Apportionment controls \nSection 302(e)(4) of the Nuclear Waste Policy Act of 1982, as amended, is hereby rescinded.", "id": "HE28B96C6041748F1A8A714BF10210099", "header": "Apportionment controls" } ]

[ { "text": "1. Findings \nCongress finds the following: (1) Families of active duty military are undergoing hardship while the Nation is at war. (2) Providing free lunch to children of active duty military families is a temporary measure to help alleviate the burden placed upon them during a time of war. (3) During this difficult period, the Nation must ensure that the needs of those who are serving the Nation are taken care of.", "id": "HB86E4F0D284A40ACA314E95231717FD9", "header": "Findings" }, { "text": "2. Free school lunch eligibility for children of parents on active military duty \n(a) In general \nSection 9(b)(12)(A) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(12)(A) is amended— (1) in clause (v), by striking ; or and inserting a semicolon; (2) in clause (vi), by striking the period and inserting ; or ; and (3) by adding at the end the following new clause: (vii) the child of a parent who is an enlisted member of the Armed Forces on active duty or of the National Guard on active duty (as such terms are defined in section 101 of title 37, United State Code).. (b) Sunset \nThe amendment made by this section shall cease to have effect 2 years after the date of enactment of this section.", "id": "H57E6417DB01B4B4B87182E23A5E53500", "header": "Free school lunch eligibility for children of parents on active military duty" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Employee Dental and Vision Benefits Enhancement Act of 2004.", "id": "H8EC5FF6EE5814D1999DB68456B378C5B", "header": "Short title" }, { "text": "2. Enhanced dental benefits for Federal employees \n(a) In general \nSubpart G of part III of title 5, United States Code, is amended by inserting after chapter 89 the following: 89A Enhanced dental benefits \nSec 8951. Definitions 8952. Availability of dental benefits 8953. Contracting authority 8954. Benefits 8955. Information to individuals eligible to enroll 8956. Election of coverage 8957. Coverage of restored survivor or disability annuitants 8958. Premiums 8959. Preemption 8960. Studies, reports, and audits 8961. Jurisdiction of courts 8962. Administrative functions 8951. Definitions \nIn this chapter: (1) The term employee means an employee defined under section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia. 8952. Availability of dental benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of dental benefits provided by health benefits plans under chapter 89. 8953. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8954 without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing dental supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically. 8954. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced dental benefits plans under this chapter may be of the following types: (1) Diagnostic. (2) Preventive. (3) Emergency care. (4) Restorative. (5) Oral and maxillofacial surgery. (6) Endodontics. (7) Periodontics. (8) Prosthodontics. (9) Orthodontics. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include dentally underserved areas in their service delivery areas. (e) If an individual has dental coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments. 8955. Information to individuals eligible to enroll \n(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under chapter 89. 8956. Election of coverage \n(a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a dental benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another dental benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan. 8957. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a dental benefits plan subject to the terms and conditions prescribed in regulations issued by the Office. 8958. Premiums \n(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; or (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed. 8959. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to dental benefits, insurance, plans, or contracts. 8960. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company to— (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) permit the Office and representatives of the General Accounting Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the General Accounting Office to provide periodic evaluations of the program. 8961. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8953(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. 8962. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter..", "id": "H1E7D3AF463CB4804A86C9965589BC7BE", "header": "Enhanced dental benefits for Federal employees" }, { "text": "8951. Definitions \nIn this chapter: (1) The term employee means an employee defined under section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia.", "id": "H3ACC80C17CF741B0A8A9C787AAB338E9", "header": "Definitions" }, { "text": "8952. Availability of dental benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of dental benefits provided by health benefits plans under chapter 89.", "id": "H05B7BFA34B4949DAA5D1CFED89F75790", "header": "Availability of dental benefits" }, { "text": "8953. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8954 without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing dental supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.", "id": "HA9DD914AC46E4C50A231501900D99C95", "header": "Contracting authority" }, { "text": "8954. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced dental benefits plans under this chapter may be of the following types: (1) Diagnostic. (2) Preventive. (3) Emergency care. (4) Restorative. (5) Oral and maxillofacial surgery. (6) Endodontics. (7) Periodontics. (8) Prosthodontics. (9) Orthodontics. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include dentally underserved areas in their service delivery areas. (e) If an individual has dental coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments.", "id": "H98768D0052C144538932562095488507", "header": "Benefits" }, { "text": "8955. Information to individuals eligible to enroll \n(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.", "id": "H757BFA8C419B4EBB83DED75B2351C98", "header": "Information to individuals eligible to enroll" }, { "text": "8956. Election of coverage \n(a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a dental benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another dental benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.", "id": "H458BD53F2A6847D4A200E49FF6DBDE1E", "header": "Election of coverage" }, { "text": "8957. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a dental benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.", "id": "H946C6F3778C143B3BBE121EFBF97B77C", "header": "Coverage of restored survivor or disability annuitants" }, { "text": "8958. Premiums \n(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; or (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.", "id": "H303F507E415943EB977FE8F93D6C0698", "header": "Premiums" }, { "text": "8959. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to dental benefits, insurance, plans, or contracts.", "id": "H35E45FE491BB46228607AAA32284F181", "header": "Preemption" }, { "text": "8960. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company to— (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) permit the Office and representatives of the General Accounting Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the General Accounting Office to provide periodic evaluations of the program.", "id": "H4051C3FECB284B3BA36E8ED48C882034", "header": "Studies, reports, and audits" }, { "text": "8961. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8953(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.", "id": "H71DA88D4EF6042899B005C5836AAE5D3", "header": "Jurisdiction of courts" }, { "text": "8962. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.", "id": "HCBBBFF7DD5C54F618B844396C8398333", "header": "Administrative functions" }, { "text": "3. Enhanced vision benefits for Federal employees \nSubpart G of part III of title 5, United States Code, is amended by inserting after chapter 89A (as added by section 2 of this Act) the following: 89B Enhanced vision benefits \nSec 8981. Definitions 8982. Availability of vision benefits 8983. Contracting authority 8984. Benefits 8985. Information to individuals eligible to enroll 8986. Election of coverage 8987. Coverage of restored survivor or disability annuitants 8988. Premiums 8989. Preemption 8990. Studies, reports, and audits 8991. Jurisdiction of courts 8992. Administrative functions 8981. Definitions \nIn this chapter: (1) The term employee means an employee defined under section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia. 8982. Availability of vision benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under chapter 89. 8983. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8984 without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically. 8984. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types: (1) Diagnostic (to include refractive services). (2) Preventive. (3) Eyewear. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include visually underserved areas in their service delivery areas. (e) If an individual has vision coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments. 8985. Information to individuals eligible to enroll \n(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89. 8986. Election of coverage \n(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a vision benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan. 8987. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in regulations issued by the Office. 8988. Premiums \n(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; or (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed. 8989. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts. 8990. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company to— (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) permit the Office and representatives of the General Accounting Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the General Accounting Office to provide periodic evaluations of the program. 8991. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. 8992. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter..", "id": "HC75F47B5C088416E9BF5DE15DCA9906", "header": "Enhanced vision benefits for Federal employees" }, { "text": "8981. Definitions \nIn this chapter: (1) The term employee means an employee defined under section 8901(1). (2) The terms annuitant , member of family , and dependent have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term eligible individual refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term Office means the Office of Personnel Management. (5) The term qualified company means a company (or consortium of companies) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term employee organization means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term State includes the District of Columbia.", "id": "HB0182CB2408B418E8000F220CFB5A04E", "header": "Definitions" }, { "text": "8982. Availability of vision benefits \n(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89. (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program. (c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under chapter 89.", "id": "H7B8C364CA39245898C00C57E64D88B0", "header": "Availability of vision benefits" }, { "text": "8983. Contracting authority \n(a) (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8984 without regard to section 5 of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company. (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) Each contract under this section shall contain— (1) the requirements under section 8902 (d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office; (2) the terms of the enrollment period; and (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office. (c) Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired. (d) (1) Each contract under this chapter shall require the qualified company to agree— (A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to expeditiously resolve such disputes; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company. (2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract. (3) For purposes of applying the Contract Disputes Act of 1978 to disputes arising under this chapter between a qualified company and the Office— (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) of such Act); and (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) of such Act relative to such a dispute. (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter. (f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.", "id": "HA4654418025B4862005B79FE4C80392B", "header": "Contracting authority" }, { "text": "8984. Benefits \n(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans. (b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals. (c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types: (1) Diagnostic (to include refractive services). (2) Preventive. (3) Eyewear. (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery specified by the Office. The Office shall require qualified companies to include visually underserved areas in their service delivery areas. (e) If an individual has vision coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments.", "id": "H2E223E165B654ABDBF0380A450088479", "header": "Benefits" }, { "text": "8985. Information to individuals eligible to enroll \n(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage. (b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.", "id": "H14C9808FDC7E4EAE9598FD800000324D", "header": "Information to individuals eligible to enroll" }, { "text": "8986. Election of coverage \n(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family. (b) The Office shall prescribe regulations under which— (1) an eligible individual may enroll in a vision benefits plan; and (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual. (c) (1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan— (A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or (B) during other times and under other circumstances specified by the Office. (2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.", "id": "H85BC3795FF2D43F4871EB7F693CEFC7F", "header": "Election of coverage" }, { "text": "8987. Coverage of restored survivor or disability annuitants \nA surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.", "id": "H55C4B60DC66E473B9BF6CE96DFEC08CD", "header": "Coverage of restored survivor or disability annuitants" }, { "text": "8988. Premiums \n(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment. (c) The amount necessary to pay the premiums for enrollment may— (1) in the case of an employee, be withheld from the pay of such an employee; or (2) in the case of an annuitant, be withheld from the annuity of such an annuitant. (d) All amounts withheld under this section shall be paid directly to the qualified company. (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require. (f) (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs. (2) (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year. (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.", "id": "HA809DC27DC014BA3BA6602FBA0092E0", "header": "Premiums" }, { "text": "8989. Preemption \nThe terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts.", "id": "HD82B82E8984E471CB2C6B0654DEBA0B6", "header": "Preemption" }, { "text": "8990. Studies, reports, and audits \n(a) Each contract shall contain provisions requiring the qualified company to— (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and (2) permit the Office and representatives of the General Accounting Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter. (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require. (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the General Accounting Office to provide periodic evaluations of the program.", "id": "H7CB4487DBE964B12B4D4C8EA1DDBB9C", "header": "Studies, reports, and audits" }, { "text": "8991. Jurisdiction of courts \nThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.", "id": "H0BD49A3E316B41C2B03BEEE6697B7B85", "header": "Jurisdiction of courts" }, { "text": "8992. Administrative functions \n(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.", "id": "H58466F9DCD40408AB265DD91BDA52E04", "header": "Administrative functions" }, { "text": "4. Technical and conforming amendment \nThe table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: 89A. Enhanced Dental Benefits 8951 89B. Enhanced Vision Benefits 8981..", "id": "H3BF2D9A90FFF4475AB55A128B4C2A7C9", "header": "Technical and conforming amendment" }, { "text": "5. Application to postal service employees \nSection 1005(f) of title 39, United States Code, is amended in the second sentence by striking chapters 87 and 89 and inserting chapters 87, 89, 89A, and 89B.", "id": "HAC610CAD32484F20BBBB705B596F004C", "header": "Application to postal service employees" }, { "text": "6. Sense of Congress \n(a) Findings \nCongress finds that— (1) oral and vision health and general health and well-being are inseparable and access to dental and vision services is an essential factor in maintaining good health; (2) Federal employees and their families deserve and desire additional coverage options and place value on maintaining good oral and vision health; and (3) it is in the interest of the Federal Government to remain competitive in attracting and retaining highly skilled employees and taking reasonable steps to ensure the health and well-being of its employees. (b) Sense of Congress \nIt is the sense of Congress that health insurance benefits available to Federal employees should be sufficient to promote the health and productivity of all Federal workers and to support the recruitment and retention of a highly qualified workforce. To help achieve these goals, Congress should evaluate the supplemental plans established under the Federal Employee Dental and Vision Benefits Enhancement Act of 2004 to determine the options for and feasibility of providing an employer contribution.", "id": "H58B2CB7F414E4694A59E86C2F3727C1F", "header": "Sense of Congress" }, { "text": "7. Requirement to study health benefits coverage for dependent children who are full-time students \nNot later than 6 months after the date of enactment of this Act, the Office of Personnel Management shall submit to Congress a report describing and evaluating options whereby benefits under chapter 89 of title 5, United States Code, could be made available to an unmarried dependent child under 25 years of age who is enrolled as a full-time student at an institution of higher education as defined under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H39FF62A971D24541007454AC20BCE8F", "header": "Requirement to study health benefits coverage for dependent children who are full-time students" }, { "text": "8. Effective date \nThe amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to the calendar year 2006.", "id": "H13D3CCF23EA74003B2C160AF2023E8AA", "header": "Effective date" } ]

[ { "text": "1. Centennial Challenge Prize \nTitle III of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. ) is amended by adding the following new section: 316. Centennial Challenge Prize \n(a) Prize program \nThe Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements \n(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds \n(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations \n(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority \nThe Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports \n(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated..", "id": "H3F5DB60BDE8C41C595A7ADCE343D13DB", "header": "Centennial Challenge Prize" }, { "text": "316. Centennial Challenge Prize \n(a) Prize program \nThe Administrator may carry out a Program, to be known as the Centennial Challenge Program (referred to in this section as the Program ), to award competitive prizes for innovations with the potential for application to the space and aeronautical goals and activities of the Administration. (b) Program requirements \n(1) The Program shall use a competitive process for the selection of prize recipients. The Program shall widely advertise and solicit participation in prize competitions. (2) No individual or entity shall participate in a prize competition unless the individual or entity has registered with the Program in accordance with requirements established by the Administrator. At a minimum those requirements shall— (A) limit participation in Program competitions to— (i) individuals who are citizens of the United States; (ii) entities organized or existing under the laws of the United States or a State; and (iii) entities organized or existing under the laws of a foreign country if the controlling interest (as defined by the Administrator) is held by an individual or entity described in clause (i) or (ii); (B) require any individual or entity that registers for a Program competition to assume any and all risks arising from participation in the competition, and to waive any and all claims against the United States Government for damages arising from participation in the competition, including any and all claims for injury, death, damage or loss of property, or loss of revenue or profits, whether direct, indirect, or consequential, whether through negligence or otherwise, except in the case of willful misconduct; and (C) require any individual or entity that registers for a Program competition to waive claims against any non-Federal entity involved with the Program (such as a private contractor managing a competition for the Program) to the extent the Administrator believes is necessary to protect the interests of the United States Government. (c) Availability of funds \n(1) Any funds appropriated to carry out this section shall remain available until expended. (2) Funds appropriated to carry out this section shall not be available for any other purpose and shall not be subject to reprogramming. (d) Limitations \n(1) No prize competitions under this section may be commenced after Sept. 30, 2006. (2) No prize offered by the Program may exceed $1,000,000. (e) Relationship to other authority \nThe Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate innovations with the potential for application to the space and aeronautical goals and activities of the United States. (f) Reports \n(1) The Administrator may not accept any registrations for a competition under the Program until 30 days after the Administrator has submitted a description of the competition to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The description shall include eligibility criteria for registrants, criteria for selecting a winner, and the amount of the prize to be awarded. (2) In the proposed budget for the fiscal year beginning October 1, 2005, the Administrator shall include an estimate of the amounts proposed to be expended on the Program and a list of the competitions proposed for that fiscal year. (3) Not later than December 31, 2006, the Administrator shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an accounting of previously appropriated Program funds, including an accounting of administrative costs, of amounts remaining that are allocated to pending prize competitions, and of amounts remaining that are not yet so allocated.", "id": "HE6541765CEE24A7FA8204CC1ED2C0327", "header": "Centennial Challenge Prize" } ]

[ { "text": "1. Reauthorization of Chesapeake Bay Program \nSection 117(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1267(j) ) is amended by striking 2005 and inserting 2010.", "id": "H1059A5D2E8D84C36A3DA408F074BD5A6", "header": "Reauthorization of Chesapeake Bay Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Chickasaw National Recreation Area Land Exchange Act of 2004.", "id": "H37DE2F66C8904E709D4291A45E901774", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655–56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2) In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3) More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4) The Chickasaw National Recreation Area’s Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area’s existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5) The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6) The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7) The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102–26 to the Chickasaw Nation by Warranty Deed. (8) The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange in order to allow the construction of a cultural center and to further protect the watershed and riparian resources of the park. (b) Purpose \nThe purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance and trust acquisition in accordance with the terms and conditions of this Act.", "id": "H699AA00B816D40CC95C4074D3C1DC36D", "header": "Findings and purpose" }, { "text": "3. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Federal land \nThe term Federal land means the Chickasaw National Recreational Area lands and interests therein, identified as Tract 102–25 on the Map. (2) Non-federal land \nThe term non-Federal land means the lands and interests therein, formerly owned by the City of Sulphur, Oklahoma, and currently owned by the Chickasaw Nation, located adjacent to the existing boundary of Chickasaw National Recreation Area and identified as Tract 102–26 on the Map. (3) Map \nThe term Map means the map entitled Proposed Land Exchange and Boundary Revision, Chickasaw National Recreation Area , dated September 8, 2003, and numbered 107/800035a. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H544479BBA5494A199634A97F35273DF7", "header": "Definitions" }, { "text": "4. Chickasaw national recreation area land conveyance \n(a) Land conveyance \nNot later then 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall take the Federal land into trust for the benefit of the Chickasaw Nation. (b) Equal value of lands \nThe value of the Federal land and the non-Federal land shall be of approximately equal value, as determined by the Secretary through an appraisal performed by a qualified appraiser and in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions. (c) Conditions \nNotwithstanding subsection (a), the land conveyance and trust acquisition authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002. (d) Administration of acquired land \nUpon the conveyance of the non-Federal land to the Secretary pursuant to this Act, the non-Federal land shall become part of the Chickasaw National Recreation Area and the Secretary shall— (1) manage such land in accordance with the Act of August 25, 1916 (ch. 408, 39 Stat. 535), and the other laws, rules, and regulations applicable to the National Park System; and (2) revise the boundary of Chickasaw National Recreation Area to reflect the acquisition.", "id": "HFA4C40ED0120423E9D8CF4611EB4D232", "header": "Chickasaw national recreation area land conveyance" } ]

[ { "text": "1. Suspension of duty on 1,2 Pentanediol \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.33 1,2 Pentanediol (CAS No. 5343-02-0) (provided for in subheading 2905.39.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 1,2 Pentanediol" } ]

[ { "text": "1. Short title \nThis Act may be cited as the High School Athletics Accountability Act of 2004.", "id": "H00D673F36B2444C1AC54134516B203B9", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Participation in sports results in many long-term physical and psychological health benefits for girls. For instance— (A) providing opportunities to play sports in school is one key way to combat the rising rates of childhood obesity, which is caused in large part by physical inactivity; (B) girls who participate in sports have lower rates of heart disease, breast cancer, and osteoporosis; and (C) girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, and are more likely to have a positive body image than female non-athletes. (3) Participation in sports promotes responsible social behaviors and greater academic success among girls. For instance— (A) girls who participate in sports are more likely to refrain from sexual activity, are more likely to defer having sex until a later age and to have fewer sex partners, and are half as likely to experience an unintended pregnancy as compared to female non-athletes; (B) girls who participate in sports have higher graduation rates, receive better grades, and score higher on standardized tests than female students in general; (C) girls who participate in sports have more positive attitudes towards science, a field traditionally predominated by males; (D) girls who participate in sports are less likely to smoke or use illegal drugs; (E) girls who participate in sports often have strengthened family relationships, including with their fathers and other male family members; and (F) girls who participate in sports learn important professional lessons that have a lifelong influence (Eighty percent of women identified as key leaders in Fortune 500 companies participated in sports while growing up, and 82 percent of executive businesswomen played sports, with the majority saying lessons learned on the playing field contributed to their success in business.). (4) The opportunity to play sports in secondary school helps many middle- and low-income students—who might otherwise be unable to attend college—to gain access to higher education. (5) Physical inactivity is much more common among females than males. (6) Girls who are not involved in physical activity by age 10 have only a 10 percent chance of being athletic when they are 25. (7) Girls receive 1,100,000 fewer opportunities to play high school sports than do boys, which translate into many lost opportunities for athletic participation and scholarships. (8) Several reports indicate that girls’ teams often receive inferior opportunities and benefits in other aspects of athletics programs, including overall budgets; equipment; uniforms; locker rooms and practice and competitive facilities; scheduling of practices, games, and sports seasons; training and medical services; coaches; and publicity. (9) Students and parents should be aware of the athletic opportunities and benefits that their schools provide to male and female students. (10) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school level, students may be deprived of opportunities to play sports and to attend college on an athletic scholarship.", "id": "HEE7166EB9A1C4E63A9B417D8828D6E8F", "header": "Findings" }, { "text": "3. Disclosure of statistics on equality in athletic programs \nSubpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 9537. Equality in athletic programs \n(a) Report \nEach coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of male and female students that attended the school. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s gender. (B) The year the team began. (C) The total budget and expenditures for the team, including a listing of the following data: (i) The travel budget and expenditures. (ii) The equipment budget and expenditures (including any equipment replacement schedule). (iii) The uniform budget and expenditures (including any uniform replacement schedule). (iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) The budget and expenditures for training and medical facilities and services. (vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) gender; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) gender; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule \nFor the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public \nA coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and (2) ensure that all students at the school are informed of their right to request such information. (d) Submission; information availability \nOn an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics \nThe Commissioner for Education Statistics shall— (1) ensure that reports under this section are made available to the public within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed..", "id": "H768E16F04B664AD89460055BA8CC6113", "header": "Disclosure of statistics on equality in athletic programs" }, { "text": "9537. Equality in athletic programs \n(a) Report \nEach coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of male and female students that attended the school. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s gender. (B) The year the team began. (C) The total budget and expenditures for the team, including a listing of the following data: (i) The travel budget and expenditures. (ii) The equipment budget and expenditures (including any equipment replacement schedule). (iii) The uniform budget and expenditures (including any uniform replacement schedule). (iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) The budget and expenditures for training and medical facilities and services. (vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) gender; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) gender; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule \nFor the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public \nA coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and (2) ensure that all students at the school are informed of their right to request such information. (d) Submission; information availability \nOn an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics \nThe Commissioner for Education Statistics shall— (1) ensure that reports under this section are made available to the public within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed.", "id": "H74C2968515E34E97B58758A751AB9D09", "header": "Equality in athletic programs" } ]

[ { "text": "1. Statements describing the environmental impacts of legal and illegal immigration \nSection 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended— (1) by inserting (a) before the first sentence; and (2) by adding at the end the following: (b) The Secretary of Homeland Security and the Administrator of the Environmental Protection Agency shall jointly prepare and publish every 5 years a statement in accordance with subsection (a)(2)(C) with respect to the environmental impacts of legal and illegal immigration, for use in determining and setting appropriate and environmentally sustainable levels for legal immigration and the most effective measures needed to prevent illegal immigration..", "id": "HB904DD47785642E4A92F9DC28D883E2D", "header": "Statements describing the environmental impacts of legal and illegal immigration" } ]

[ { "text": "1. Center for Scientific and Technical Assessment \n(a) Establishment \nThere shall be established a Center for Scientific and Technical Assessment (in this section referred to as the Center ) to provide timely advice to the Congress on scientific and technical aspects of public policy issues. The Center shall be administered by a Director. (b) Technical Assessment Board \n(1) Establishment and purpose \nThere shall be established a Technical Assessment Board whose purpose shall be to provide guidance to the Director of the Center to ensure that the Center provides timely and useful responses to congressional requests. (2) Membership \nThe Technical Assessment Board established under paragraph (1) shall consist of— (A) 6 members of the Senate appointed by the President Pro Tempore of the Senate, including 3 from the majority party and 3 from the minority party; (B) 6 members of the House of Representatives appointed by the Speaker of the House of Representatives, including 3 from the majority party and 3 from the minority party; (C) the Comptroller General; and (D) the Director of the Congressional Research Service and the Director of the Center, who shall be nonvoting members. Service as a member on the Technical Assessment Board shall not be construed under the rules of the House of Representatives or the Senate as service as a member of a House of Representatives or Senate Committee. (3) Vacancies \nVacancies in the membership of the Technical Assessment Board shall not affect the authority of the remaining members to act, and such vacancies shall be filled in the same manner as in the case of the original appointment. (4) Chairman and vice chairman \nThere shall be selected at the beginning of each Congress a chairman and a vice chairman, one of whom shall be a member of the Senate selected by the members of the Technical Assessment Board who are members of the Senate from among their number, and one of whom shall be a member of the House of Representatives selected by the members of the Technical Assessment Board who are members of the House of Representatives from among their number. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each year. The chairman during each odd-numbered year shall be a member of the House of Representatives. The vice chairman shall act in the place of the chairman in the absence of the chairman. (5) Authority to act \nThe Technical Assessment Board established under this subsection may sit and act at such places and times as it chooses, including during the sessions, recesses, and adjourned periods of Congress. (c) Director and Deputy Director \n(1) Director \nThe Director of the Center shall be appointed by the Comptroller General with the approval of the Technical Assessment Board and shall serve for a term of 6 years unless sooner removed by the Technical Assessment Board. The Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Powers and duties \nIn addition to the powers and duties vested by this section, the Director shall exercise such powers and duties as may be delegated by the Technical Assessment Board. The Director, with the permission of the Comptroller General, shall have the authority to hire, remove, or promote permanent staff and enter into contracts for consultants, expert analysis, and peer reviewers described in subsection (f). In consultation with the Technical Assessment Board and with the approval of the Comptroller General, the Director shall prepare the annual budget for the Center for submission to Congress. (3) Deputy director \nThe Director may appoint, with the approval of the Comptroller General, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Conflicts of interest \nNeither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Comptroller General, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this section. (d) Congressional requests \n(1) In general \nAny member of Congress may make requests to the Technical Assessment Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment. (2) Formal calls for requests \nThe chairman of the Technical Assessment Board established under subsection (b) shall submit to all members of Congress formal calls for requests under this subsection. (3) Prioritization \nRequests under paragraph (1) shall be addressed by the Center in accordance with the following priority order: (A) Requests with bipartisan and bicameral support. (B) Requests with bipartisan support. (C) Requests from other members. The Director, with the approval of the Technical Assessment Board, may determine the final priority for consideration of and fulfilling requests among and within each category described in subparagraphs (A) through (C). (e) Advisory panels \nThe Director may establish an advisory panel as necessary to support each technical assessment report provided by the Center. Such panels shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (f) Peer review \nEach report requested under this subsection shall be subject to peer review before delivery to the committee or member of Congress requesting the report. Such peer review shall consist of rigorous vetting, checking, criticism, and recommendations for improvement by independent, qualified experts in the various aspects of the subject of the request under study. Independent experts shall assess each Center report by considering the scientific method, factual accuracy, results, and conclusions put forward by the authors. The peer reviewers’ comments shall be given to the report authors to allow for change, improvement, and modification of the report before delivery to the Director. After final review by the Director, and the approval of the Technical Assessment Board, the report shall be delivered to the committee or member of Congress requesting the report. (g) Public release \nExcept for classified reports, the Center, with the permission of the Technical Assessment Board, shall promptly release a report requested under subsection (d) to the public, except that such release shall be delayed by not more than 2 weeks at the request of the Technical Assessment Board or a member of Congress. (h) Authorization of appropriations \nThere are authorized to be appropriated to the Comptroller General for carrying out this section $30,000,000 for each of the fiscal years 2005 through 2007, to remain available until expended.", "id": "H873076A7A69F40E68F702889FDCE8577", "header": "Center for Scientific and Technical Assessment" } ]

[ { "text": "1. Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958 \nThe authorization for any program, authority, or provision, including any pilot program, that was extended through June 4, 2004, by section 1 of Public Law 108–217 is further extended through July 23, 2004, under the same terms and conditions.", "id": "H11EB5A6481D54B2D942595DCC369CBF", "header": "Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958" }, { "text": "2. Technical Amendment \nSection 2 of Public Law 108–205 is amended by striking October 1, 2003 and inserting March 15, 2004. The amendment made by the preceding sentence shall take effect as if included in the enactment of the section to which it relates.", "id": "H8271A3804F194417A2229608D5F2F4E", "header": "Technical Amendment" } ]

[ { "text": "1. Energy security of Israel \n(a) In general \nNotwithstanding any other provision of law, the President may export oil to, or secure oil for, any country pursuant to a bilateral international oil supply agreement entered into by the United States with such country before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. (b) Memorandum of agreement \nThe following agreements shall be deemed to have entered into force by operation of law and shall be deemed to have no termination date: (1) The agreement entitled Agreement amending and extending the memorandum of agreement of June 22, 1979 , entered into force November 13, 1994 (TIAS 12580). (2) The agreement entitled Agreement amending the contingency implementing arrangements of October 17, 1980 , entered into force June 27, 1995 (TIAS 12670).", "id": "HA9CC82B684A241EBBD895FAAA53550B3", "header": "Energy security of Israel" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Employers Health Benefits Program Act of 2004.", "id": "H3831955F5F0F493C87FBE6FC404035F8", "header": "Short title" }, { "text": "2. Definitions \n(a) In general \nIn this Act, the terms member of family , health benefits plan , carrier , employee organizations , and dependent have the meanings given such terms in section 8901 of title 5, United States Code. (b) Other terms \nIn this Act: (1) Employee \nThe term employee has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(6) ). Such term shall not include an employee of the Federal Government. (2) Employer \nThe term “employer has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) ), except that such term shall include only employers who employed an average of at least 1 but not more than 100 employees on business days during the year preceding the date of application. Such term shall not include the Federal Government. (3) Health status-related factor \nThe term health status-related factor has the meaning given such term in section 2791(d)(9) of the Public Health Service Act ( 42 U.S.C. 300gg–91(d)(9) ). (4) Office \nThe term Office means the Office of Personnel Management. (5) Participating employer \nThe term participating employer means an employer that— (A) elects to provide comprehensive health insurance coverage under this Act to its employees; and (B) is not offering other comprehensive health insurance coverage to such employees. (c) Application of certain rules in determination of employer size \nFor purposes of subsection (b)(2): (1) Application of aggregation rule for employers \nAll persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (2) Employers not in existence in preceding year \nIn the case of an employer which was not in existence for the full year prior to the date on which the employer applies to participate, the determination of whether such employer meets the requirements of subsection (b)(2) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the employer’s first full year. (3) Predecessors \nAny reference in this subsection to an employer shall include a reference to any predecessor of such employer. (d) Waiver and continuation of participation \n(1) Waiver \nThe Office may waive the limitations relating to the size of an employer which may participate in the health insurance program established under this Act on a case by case basis if the Office determines that such employer makes a compelling case for such a waiver. In making determinations under this paragraph, the Office may consider the effects of the employment of temporary and seasonal workers and other factors. (2) Continuation of participation \nAn employer participating in the program under this Act that experiences an increase in the number of employees so that such employer has in excess of 100 employees, may not be excluded from participation solely as a result of such increase in employees.", "id": "H57DE86993F4349FC92737D5FB23B2510", "header": "Definitions" }, { "text": "3. Health insurance coverage for non-federal employees \n(a) Administration \nThe Office shall administer a health insurance program for non-Federal employees and employers in accordance with this Act. (b) Regulations \nExcept as provided under this Act, the Office shall prescribe regulations to apply the provisions of chapter 89 of title 5, United States Code, to the greatest extent practicable to participating carriers, employers, and employees covered under this Act. (c) Limitations \nIn no event shall the enactment of this Act result in— (1) any increase in the level of individual or Federal Government contributions required under chapter 89 of title 5, United States Code, including copayments or deductibles; (2) any decrease in the types of benefits offered under such chapter 89; or (3) any other change that would adversely affect the coverage afforded under such chapter 89 to employees and annuitants and members of family under that chapter. (d) Enrollment \nThe Office shall develop methods to facilitate enrollment under this Act, including the use of the Internet. (e) Contracts for administration \nThe Office may enter into contracts for the performance of appropriate administrative functions under this Act. (f) Separate risk pool \nIn the administration of this Act, the Office shall ensure that covered employees under this Act are in a risk pool that is separate from the risk pool maintained for covered individuals under chapter 89 of title 5, United States Code. (g) Rule of construction \nNothing in this Act shall be construed to require a carrier that is participating in the program under chapter 89 of title 5, United States Code, to provide health benefits plan coverage under this Act.", "id": "HB95C8DC498CA49BB8CB9682FEE7DCFC9", "header": "Health insurance coverage for non-federal employees" }, { "text": "4. Contract requirement \n(a) In general \nThe Office may enter into contracts with qualified carriers offering health benefits plans of the type described in section 8903 or 8903a of title 5, United States Code, without regard to section 5 of title 41, United States Code, or other statutes requiring competitive bidding, to provide health insurance coverage to employees of participating employers under this Act. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Office shall ensure that health benefits coverage is provided for individuals only, married individuals without children, and families. (b) Eligibility \nA carrier shall be eligible to enter into a contract under subsection (a) if such carrier— (1) is licensed to offer health benefits plan coverage in each State in which the plan is offered; and (2) meets such other requirements as determined appropriate by the Office. (c) Statement of benefits \nEach contract under this Act shall contain a detailed statement of benefits offered and shall include information concerning such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable. (d) Standards \nThe minimum standards prescribed for health benefits plans under section 8902(e) of title 5, United States Code, and for carriers offering plans, shall apply to plans and carriers under this Act. Approval of a plan may be withdrawn by the Office only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5, United States Code. (e) Conversion \n(1) In general \nA contract may not be made or a plan approved under this section if the carrier under such contract or plan does not offer to each enrollee whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which the individual may exercise the option to convert, without evidence of good health, to a nongroup contract providing health benefits. An enrollee who exercises this option shall pay the full periodic charges of the nongroup contract. (2) Noncancellable \nThe benefits and coverage made available under paragraph (1) are noncancellable by the carrier except for fraud, over-insurance, or nonpayment of periodic charges. (f) Rates \nRates charged under health benefits plans under this Act shall reasonably and equitably reflect the cost of the benefits provided. Such rates shall be determined on a basis which, in the judgment of the Office, is consistent with the lowest schedule of basic rates generally charged for new group health benefits plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, except that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Office, is consistent with the general practice of carriers which issue group health benefits plans to large employers. Rates charged for coverage under this Act shall not vary based on health-status related factors. (g) Requirement of payment for or provision of health service \nEach contract entered into under this Act shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of title 5, United States Code, is entitled thereto under the terms of the contract. (h) Preemption \nThe terms of any contract entered into under this Act that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.", "id": "H7D17D10AAC774A69B1D500C6EBCB45D0", "header": "Contract requirement" }, { "text": "5. Eligibility \nAn individual shall be eligible to enroll in a plan under this Act if such individual— (1) is an employee of an employer described in section 2(b)(2), or is a self employed individual as defined in section 401(c)(1)(B) of the Internal Revenue Code of 1986; and (2) is not otherwise enrolled or eligible for enrollment in a plan under chapter 89 of title 5, United States Code.", "id": "HA1774A2DA55D46C1AEA6B9F51940BDB4", "header": "Eligibility" }, { "text": "6. Alternative conditions to Federal employee plans \n(a) Treatment of employee \nFor purposes of enrollment in a health benefits plan under this Act, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89 of title 5, United States Code. (b) Preexisting condition exclusions \n(1) In general \nEach contract under this Act may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. (2) Exclusion period \n(A) In general \nA preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not later than 6 months after the date on which the coverage of the individual under a health benefits plan commences, reduced by 1 month for each month that the individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this Act. (B) Lapse in coverage \nFor purposes of this paragraph, a lapse in coverage of not more than 63 days immediately preceding the date of the submission of an application for coverage under this Act shall not be considered a lapse in continuous coverage. (c) Rates and premiums \n(1) In general \nRates charged and premiums paid for a health benefits plan under this Act— (A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89 of title 5, United States Code; (B) shall be negotiated in the same manner as rates and premiums are negotiated under such chapter 89; and (C) shall be adjusted to cover the administrative costs of the Office under this Act. (2) Determinations \nIn determining rates and premiums under this Act— (A) the age of covered individuals may be considered; and (B) rebates or lower rates and premiums may be set to encourage longevity of coverage. (d) Termination and reenrollment \nIf an individual who is enrolled in a health benefits plan under this Act terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following the expiration of 6 months after the date of such termination. (e) Rule of construction \nNothing in this Act shall be construed to limit the application of the service-charge system used by the Office for determining profits for participating carriers under chapter 89 of title 5, United States Code.", "id": "HDAEAE628EF5E45A3BB57626DBE43A6B", "header": "Alternative conditions to Federal employee plans" }, { "text": "7. Encouraging participation by carriers through adjustments for risk \n(a) Application of risk corridors \n(1) In general \nThis section shall only apply to carriers with respect to health benefits plans offered under this Act during any of calendar years 2005 through 2009. (2) Notification of costs under the plan \nIn the case of a carrier that offers a health benefits plan under this Act in any of calendar years 2005 through 2009, the carrier shall notify the Office, before such date in the succeeding year as the Office specifies, of the total amount of costs incurred in providing benefits under the health benefits plan for the year involved and the portion of such costs that is attributable to administrative expenses. (3) Allowable costs defined \nFor purposes of this section, the term allowable costs means, with respect to a health benefits plan offered by a carrier under this Act, for a year, the total amount of costs described in paragraph (2) for the plan and year, reduced by the portion of such costs attributable to administrative expenses incurred in providing the benefits described in such paragraph. (b) Adjustment of payment \n(1) No adjustment if allowable costs within 3 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for a calendar year are at least 97 percent, but do not exceed 103 percent, of the target amount for the plan and year involved, there shall be no payment adjustment under this section for the plan and year. (2) Increase in payment if allowable costs above 103 percent of target amount \n(A) Costs between 103 and 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 103 percent, but not greater than 108 percent, of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier of an amount equal to 75 percent of the difference between such allowable costs and 103 percent of such target amount. (B) Costs above 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 108 percent of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier in an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between such allowable costs and 108 percent of such target amount. (3) Reduction in payment if allowable costs below 97 percent of target amount \n(A) Costs between 92 and 97 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 97 percent, but greater than or equal to 92 percent, of the target amount for the plan and year, the carrier shall be required to pay into the contingency reserve fund maintained under section 8909(b)(2) of title 5, United States Code, an amount equal to 75 percent of the difference between 97 percent of the target amount and such allowable costs. (B) Costs below 92 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 92 percent of the target amount for the plan and year, the carrier shall be required to pay into the stabilization fund under section 8909(b)(2) of title 5, United States Code, an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between 92 percent of such target amount and such allowable costs. (4) Target amount described \n(A) In general \nFor purposes of this subsection, the term target amount means, with respect to a health benefits plan offered by a carrier under this Act in any of calendar years 2005 through 2009, an amount equal to— (i) the total of the monthly premiums estimated by the carrier and approved by the Office to be paid for enrollees in the plan under this Act for the calendar year involved; reduced by (ii) the amount of administrative expenses that the carrier estimates, and the Office approves, will be incurred by the carrier with respect to the plan for such calendar year. (B) Submission of target amount \nNot later than December 31, 2004, and each December 31 thereafter through calendar year 2008, a carrier shall submit to the Office a description of the target amount for such carrier with respect to health benefits plans provided by the carrier under this Act. (c) Disclosure of information \n(1) In general \nEach contract under this Act shall provide— (A) that a carrier offering a health benefits plan under this Act shall provide the Office with such information as the Office determines is necessary to carry out this subsection including the notification of costs under subsection (a)(2) and the target amount under subsection (b)(4)(B); and (B) that the Office has the right to inspect and audit any books and records of the organization that pertain to the information regarding costs provided to the Office under such subsections. (2) Restriction on use of information \nInformation disclosed or obtained pursuant to the provisions of this subsection may be used by officers, employees, and contractors of the Office only for the purposes of, and to the extent necessary in, carrying out this section.", "id": "H2DB071645EA8465D89E421EEC8AB2BB", "header": "Encouraging participation by carriers through adjustments for risk" }, { "text": "8. Encouraging participation by carriers through reinsurance \n(a) Establishment \nThe Office shall establish a reinsurance fund to provide payments to carriers that experience one or more catastrophic claims during a year for health benefits provided to individuals enrolled in a health benefits plan under this Act. (b) Eligibility for payments \nTo be eligible for a payment from the reinsurance fund for a plan year, a carrier under this Act shall submit to the Office an application that contains— (1) a certification by the carrier that the carrier paid for at least one episode of care during the year for covered health benefits for an individual in an amount that is in excess of $50,000; and (2) such other information determined appropriate by the Office. (c) Payment \n(1) In general \nThe amount of a payment from the reinsurance fund to a carrier under this section for a catastrophic episode of care shall be determined by the Office but shall not exceed an amount equal to 80 percent of the applicable catastrophic claim amount. (2) Applicable catastrophic claim amount \nFor purposes of paragraph (1), the applicable catastrophic episode of care amount shall be equal to the difference between— (A) the amount of the catastrophic claim; and (B) $50,000. (3) Limitation \nIn determining the amount of a payment under paragraph (1), if the amount of the catastrophic claim exceeds the amount that would be paid for the healthcare items or services involved under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Office shall use the amount that would be paid under such title XVIII for purposes of paragraph (2)(A). (d) Definition \nIn this section, the term catastrophic claim means a claim submitted to a carrier, by or on behalf of an enrollee in a health benefits plan under this Act, that is in excess of $50,000.", "id": "H2FC71113C9D24571B9A0D365A9006F5C", "header": "Encouraging participation by carriers through reinsurance" }, { "text": "9. Contingency reserve fund \nBeginning on October 1, 2009, the Office may use amounts appropriated under section 14(a) that remain unobligated to establish a contingency reserve fund to provide assistance to carriers offering health benefits plans under this Act that experience unanticipated financial hardships (as determined by the Office).", "id": "H09A345A90C9444C291F5FA687E7C3B1", "header": "Contingency reserve fund" }, { "text": "10. Employer participation \n(a) Regulations \nThe Office shall prescribe regulations providing for employer participation under this Act, including the offering of health benefits plans under this Act to employees. (b) Enrollment and offering of other coverage \n(1) Enrollment \nA participating employer shall ensure that each eligible employee has an opportunity to enroll in a plan under this Act. (2) Prohibition on offering of other comprehensive health benefit coverage \nA participating employer may not offer a health insurance plan providing comprehensive health benefit coverage to employees other than a health benefits plan that— (A) meets the requirements described in section 4(a); and (B) is offered only through the enrollment process established by the Office under section 3. (3) Offer of supplementary coverage options \nA participating employer may offer supplementary coverage options to employees. For purposes of this paragraph, the term supplementary coverage means benefits described as excepted benefits under section 2791(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) ). (c) Rule of construction \nNothing in this Act shall be construed to require that an employer make premium contributions on behalf of employees.", "id": "H5EF2DD2EDBE7455100B5E0007C3F4C41", "header": "Employer participation" }, { "text": "11. Administration through regional administrative entities \n(a) In general \nIn order to provide for the administration of the benefits under this Act with maximum efficiency and convenience for participating employers and health care providers and other individuals and entities providing services to such employers, the Office is authorized to enter into contracts with eligible entities to perform, on a regional basis, one or more of the following: (1) Collect and maintain all information relating to individuals, families, and employers participating in the program under this Act in the region served. (2) Receive, disburse, and account for payments of premiums to participating employers by individuals in the region served, and for payments by participating employers to carriers. (3) Serve as a channel of communication between carriers, participating employers, and individuals relating to the administration of this Act. (4) Otherwise carry out such activities for the administration of this Act, in such manner, as may be provided for in the contract entered into under this section. (5) The processing of grievances and appeals. (b) Application \nTo be eligible to receive a contract under subsection (a), an entity shall prepare and submit to the Office an application at such time, in such manner, and containing such information as the Office may require. (c) Process \n(1) Competitive bidding \nAll contracts under this section shall be awarded through a competitive bidding process on a bi-annual basis. (2) Requirement \nNo contract shall be entered into with any entity under this section unless the Office finds that such entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as the Office finds pertinent. (3) Publication of standards and criteria \nThe Office shall publish in the Federal Register standards and criteria for the efficient and effective performance of contract obligations under this section, and opportunity shall be provided for public comment prior to implementation. In establishing such standards and criteria, the Office shall provide for a system to measure an entity’s performance of responsibilities. (4) Term \nEach contract under this section shall be for a term of at least 1 year, and may be made automatically renewable from term to term in the absence of notice by either party of intention to terminate at the end of the current term, except that the Office may terminate any such contract at any time (after such reasonable notice and opportunity for hearing to the entity involved as the Office may provide in regulations) if the Office finds that the entity has failed substantially to carry out the contract or is carrying out the contract in a manner inconsistent with the efficient and effective administration of the program established by this Act. (d) Terms of contract \nA contract entered into under this section shall include— (1) a description of the duties of the contracting entity; (2) an assurance that the entity will furnish to the Office such timely information and reports as the Office determines appropriate; (3) an assurance that the entity will maintain such records and afford such access thereto as the Office finds necessary to assure the correctness and verification of the information and reports under paragraph (2) and otherwise to carry out the purposes of this Act; (4) an assurance that the entity shall comply with such confidentiality and privacy protection guidelines and procedures as the Office may require; and (5) such other terms and conditions not inconsistent with this section as the Office may find necessary or appropriate.", "id": "H65A5C87FC5FE431487DA1ECD8B69A009", "header": "Administration through regional administrative entities" }, { "text": "12. Coordination with social security benefits \nBenefits under this Act shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act , be offered (for use in coordination with those medicare benefits) to the same extent and in the same manner as if coverage were under chapter 89 of title 5, United States Code.", "id": "HD9E1C3735E4E4AF2BFBB9104F4C06495", "header": "Coordination with social security benefits" }, { "text": "13. Public education campaign \n(a) In general \nIn carrying out this Act, the Office shall develop and implement an educational campaign to provide information to employers and the general public concerning the health insurance program developed under this Act. (b) Annual progress reports \nNot later than 1 year and 2 years after the implementation of the campaign under subsection (a), the Office shall submit to the appropriate committees of Congress a report that describes the activities of the Office under subsection (a), including a determination by the office of the percentage of employers with knowledge of the health benefits programs provided for under this Act. (c) Public education campaign \nThere is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2005 and 2006.", "id": "HCEF1C73EDB544038BAC6A0327797C7FB", "header": "Public education campaign" }, { "text": "14. Appropriations \n(a) Mandatory appropriations \nThere are authorized to be appropriated, and there are appropriated, to carry out sections 7 and 8— (1) $4,000,000,000 for fiscal year 2005; (2) $4,000,000,000 for fiscal year 2006; (3) $4,000,000,000 for fiscal year 2007; (4) $3,000,000,000 for fiscal year 2008; and (5) $3,000,000,000 for fiscal year 2009. (b) Other appropriations \nThere are authorized to be appropriated to the Office, such sums as may be necessary in each fiscal year for the development and administration of the program under this Act.", "id": "H1125DB911AC240E7AC356128CFBC6D7D", "header": "Appropriations" }, { "text": "15. Refundable credit for small business employee health insurance expenses \n(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: 36. Small business employee health insurance expenses \n(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. (b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer. (c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate. (d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year. (e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). (f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business.. (b) Conforming amendments \n(1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period , or from section 36 of such Code. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: Sec. 36. Small business employee health insurance expenses Sec. 37. Overpayments of tax. (e) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.", "id": "HDE5DA59F6C2442548DC9289820E1BDA4", "header": "Refundable credit for small business employee health insurance expenses" }, { "text": "36. Small business employee health insurance expenses \n(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. (b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer. (c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate. (d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year. (e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). (f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business.", "id": "HD6D8594B7C284D3FB8C01C847046301E", "header": "Small business employee health insurance expenses" }, { "text": "16. Effective date \nExcept as provided in section 10(e), this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to calendar year 2005 and each calendar year thereafter.", "id": "H375D0B345E2240D1BFBC6962E5D14913", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Computer Software Privacy and Control Act.", "id": "H6934B7FB1B634584A853BB3FB9F14CF4", "header": "Short title" }, { "text": "2. Definitions \nAs used in this Act, the following definitions apply: (1) The terms computer and protected computer have the meanings given such terms in section 1030(e) of title 18, United States Code. (2) The term computer software means a sequence of instructions written in any programming language that is stored or executed on a computer. Such term shall not include computer software that is a Web page, or data components of Web pages that are not executable independently of the Web page. (3) The term disable , with regards to computer software, or a component thereof, means to permanently prevent such software or component from executing any of the functions described in section 3 that such software is otherwise capable of executing, unless the owner or operator of a protected computer takes a subsequent affirmative action to enable the execution of such functions. (4) The terms execute , execution , and executable , when used with respect to computer software, refer to the performance of the functions or the carrying out of the instructions of the computer software. (5) The term first retail sale means the first sale of a computer, for a purpose other than resale, after the manufacture, production, or importation of the computer. For purposes of this paragraph, the lease of a computer shall be considered a sale of the computer at retail. (6) The term Internet has the meaning given such term in section 1302(6) of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501(6) ). (7) The term owner or operator , with respect to a protected computer, shall not include any person who owns a computer prior to the first retail sale of such computer. (8) The term person has the meaning given that term in section 1030(e)(12) of title 18, United States Code. (9) The term personal information means— (A) a first and last name; (B) a home or other physical address including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number; (F) a credit card or bank account number or any password or access code associated with a credit card or bank account; and (G) a birth certificate number. (10) The term removal utility means a means by which the owner or operator of a protected computer can remove, delete, or disable computer software, or a component thereof. (11) The term transmit means to transfer, send, or make available computer software, or any component thereof, via the Internet or any other medium, including local area networks of computers, other non-wire transmission, and disc or other data storage device, for the purpose of or resulting in an economic benefit to the person transferring, sending, or making available such computer software, or component thereof, derived from the transmission or execution of such software, or component thereof. Such term shall not include any action by a person providing— (A) the Internet connection, telephone connection, or other means of transmission capability such as a compact disk or digital video disk through which the software was made available; (B) the storage or hosting of the software program or an Internet Web page through which the software was made available; or (C) an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the protected computer. (12) The term Web page means a location that has a single Uniform Resource Locator with respect to the World Wide Web or other single location with respect to the Internet.", "id": "H961EB073C17D448685A1989322CC0C7", "header": "Definitions" }, { "text": "3. Unfair and deceptive acts and practices in the transmission of computer software \n(a) Deceptive acts prohibited \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that— (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer that affect— (A) the Web page that is first displayed by computer software used to access and navigate the Internet, such as an Internet browser; (B) Internet connection settings, the modification of which can result in financial charges to the owner or operator without the owner or operator’s knowledge; or (C) the actions or operations of any service offered by a provider of a service used to search the Internet, or files and data stored on the protected computer, unless, before the execution of the functions described in paragraphs (1) through (3), notice of such functions is provided to, and consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (b) Requirements for Advertising Software \n(1) Notice and consent \nIt is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that includes a function to deliver or display advertisements, unless, before the execution of such function, notice of such function is provided to, and the consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (2) Software displayed as a Web page \nThe requirements of paragraph (1) shall apply to computer software containing a function to deliver advertisements displayed as a Web page or by other means, but shall not include software that is a Web page or a component of a Web page. (c) Knowledge requirement \nFor purposes of this section, the term knowingly , used with respect to transmitting computer software, or a component thereof, means that the person transmitting has actual knowledge that the software or component transmitted has the capacity to execute any of the functions described in this section. (d) Notice and consent requirements \n(1) Notice \nThe notice required under subsections (a) and (b)— (A) shall not be materially false or misleading; and (B) shall include a description of and directions for the removal utility, or instructions for the removal, deletion, or disabling of the software, or component thereof. (2) Consent \nThe consent required under subsections (a) and (b) shall be contiguous to the notice required under such subsections, such that the owner or operator of the protected computer may reasonably understand the function or functions to which such consent is granted. (3) Definition \nFor purposes of this subsection, the term materially false or misleading notice includes— (A) a failure to describe any of the functions requiring notice; and (B) an unauthorized material modification to or obstruction of a notice, description, or warning provided by computer software previously stored or executed on the protected computer.", "id": "HA13939A63B1548329FA892EFA3EB99D1", "header": "Unfair and deceptive acts and practices in the transmission of computer software" }, { "text": "4. Enforcement \n(a) Federal Trade Commission \n(1) Unfair or deceptive act or practice \nA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)). (2) Actions by the Commission \nThe Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (b) Criminal Penalties \n(1) In general \nSection 1030(a) of title 18, United States Code, is amended— (A) by inserting or at the end of paragraph (7); and (B) by adding at the end the following: (8) knowingly causes the transmission of a program, information, code, or command with the intent to obtain access without authorization or exceeding authorized access to a protected computer by means of a knowingly and materially false or misleading notice or description of function, effect, or origin of such computer software;. (2) Definitions \nSection 1030(e) of title 18, United States Code, is amended— (A) in paragraph (6)— (i) by inserting , or to obtain further access to or control over the computer after in the computer ; and (ii) by striking or alter and inserting , alter, access, or control ; and (B) by adding at the end the following: (13) The term knowingly and materially false or misleading notice or description includes a knowing and material omission regarding function of program, information, code, or command that provides access to or control over a protected computer.. (3) Penalties \nSection 1030(c)(3) of title 18, United States Code is amended— (A) in subparagraph (A), by striking or (a)(7) and inserting (a)(7), or (a)(8) ; and (B) in subparagraph (B), by striking or (a)(7) and inserting (a)(7), or (a)(8). (c) State Action \n(1) In general \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice \n(A) In general \nBefore filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption \nSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Federal Trade Commission at the same time as the attorney general files the action. (3) Intervention by Federal Trade Commission \n(A) In general \nOn receiving notice under paragraph (2), the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention \nIf the Federal Trade Commission intervenes in an action under subparagraph (A), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (4) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (5) Preemption \nIn any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action. (6) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found.", "id": "H15E23447B61F40FC9E3E006370F68F1C", "header": "Enforcement" }, { "text": "5. Effect on other laws \nThis Act supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the transmission of computer software similar to that described in section 3.", "id": "H03BAC01E2D2B4E90B62C6E901320B4F2", "header": "Effect on other laws" }, { "text": "6. Law enforcement reporting requirements \n(a) Semiannual reports to Congress on transmission of computer software for surveillance activities \nNot later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives a report concerning any warrant, order, or extension of an order applied for by law enforcement agencies of the Department of Justice, whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or intercept any wire, oral, or electronic communications. Such reports shall include information concerning— (1) the type of warrant, order, or extension of an order applied for; (2) the information sought by the warrant, period of interceptions authorized by the order, and the number and duration of any extensions of the warrant or order; (3) the offense specified in the application, warrant, order, or extension of an order; (4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; (5) the nature of the facilities from which or place where activities were to be recorded or communications were to be intercepted; (6) a general description of the recordings or interceptions made under such order or extension, including— (A) the approximate nature and frequency of incriminating activities recorded or communications intercepted; (B) the approximate nature and frequency of other activities recorded or communications intercepted; (C) the approximate number of persons whose activities were recorded or communications were intercepted; (D) the number of warrants or orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining access to any information pursuant to such warrant or the plain text of communications intercepted pursuant to such order; and (E) the approximate nature, amount, and cost of the manpower and other resources used in the recordings or interceptions; (7) the number of arrests resulting from recordings or interceptions made under such warrant, order, or extension of an order, and the offenses for which arrests were made; (8) the number of trials resulting from such recordings or interceptions; (9) the number of motions to suppress made with respect to such recordings or interceptions, and the number of such motions granted or denied; (10) the number of convictions resulting from such recordings or interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the recordings or interceptions; and (11) the specific persons authorizing the use of such computer software in the implementation of such warrant, order, or extension of an order.", "id": "HE9839A9636184A6CB774103827DD41F1", "header": "Law enforcement reporting requirements" } ]

[ { "text": "1. Grants for broadband-based economic development \n(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 214. Grants for broadband-based economic development \n(a) Definitions \nIn this section, the following definitions apply: (1) Eligible applicant \nThe term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization. (2) Region \nThe term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a). (b) Grants \nOn the application of an eligible applicant, the Secretary may make grants— (1) to assess the telecommunications infrastructure of a region; (2) to assess the telecommunications demand in a region; and (3) to organize programs to boost the supply of high-speed telecommunications to a region, including demand aggregation programs. (c) Criteria for grant \nThe Secretary may make a grant under this section only if the Secretary determines that the project proposed to be carried out using funds from the grant will advance high-speed telecommunications in an area with a population of not more than 1,000,000 individuals, as determined by the Office of Management and Budget. (d) Maximum assistance for each region \nNot more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region. (e) Cost sharing \n(1) In general \nThe Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions \nNot more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section \nSection 204 shall not apply to this section. (f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.. (b) Conforming amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 213 the following: Sec. 214. Grants for broadband-based economic development.", "id": "H3F55452E3264446C8343D727B50062C3", "header": "Grants for broadband-based economic development" }, { "text": "214. Grants for broadband-based economic development \n(a) Definitions \nIn this section, the following definitions apply: (1) Eligible applicant \nThe term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization. (2) Region \nThe term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a). (b) Grants \nOn the application of an eligible applicant, the Secretary may make grants— (1) to assess the telecommunications infrastructure of a region; (2) to assess the telecommunications demand in a region; and (3) to organize programs to boost the supply of high-speed telecommunications to a region, including demand aggregation programs. (c) Criteria for grant \nThe Secretary may make a grant under this section only if the Secretary determines that the project proposed to be carried out using funds from the grant will advance high-speed telecommunications in an area with a population of not more than 1,000,000 individuals, as determined by the Office of Management and Budget. (d) Maximum assistance for each region \nNot more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region. (e) Cost sharing \n(1) In general \nThe Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions \nNot more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section \nSection 204 shall not apply to this section. (f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.", "id": "HF50338B462CD491FBA4223E4A6ED22A7", "header": "Grants for broadband-based economic development" } ]

[ { "text": "1. Designation \nThe facility of the United States Postal Service located at 607 Pershing Drive in Laclede, Missouri, shall be known and designated as the General John J. Pershing Post Office.", "id": "HAF3BE1F4543D4B8BBF7294D6910048F6", "header": "Designation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in section 1 shall be deemed to be a reference to the General John J. Pershing Post Office.", "id": "HDFEEC677EC05478A975CD2A2B7D8BE6", "header": "References" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Orderly and Timely Interstate Placement of Foster Children Act of 2004.", "id": "HA0C9D93121004CB69BB910AC7FE29F1C", "header": "Short title" }, { "text": "2. Sense of the Congress \n(a) Finding \nThe Congress finds that the Interstate Compact on the Placement of Children (ICPC) was drafted more than 40 years ago, is outdated, and is a barrier to the timely placement of children across State lines. (b) Sense of the Congress \nIt is the sense of the Congress that the States should expeditiously revise the ICPC to better serve the interests of children and reduce unnecessary work, and that the revision should include— (1) limiting its applicability to children in foster care under the responsibility of a State, except those seeking placement in a residential facility primarily to access clinical mental health services; and (2) providing for deadlines for the completion and approval of home studies as set forth in section 4.", "id": "HF14A71790011462BA27766D380B36579", "header": "Sense of the Congress" }, { "text": "3. Orderly and timely process for interstate placement of children \nSection 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) by striking “and” at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting “; and”; and (3) by adding at the end the following: (25) provide that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact approved by the Secretary, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph..", "id": "HB902DA0217DB4223AA464D9D5EDFD9DC", "header": "Orderly and timely process for interstate placement of children" }, { "text": "4. Home studies \n(a) Orderly process \n(1) In general \nSection 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is further amended— (A) by striking and at the end of paragraph (24); (B) by striking the period at the end of paragraph (25) and inserting ; and ; and (C) by adding at the end the following: (26) provides that— (A) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the appropriateness of placing a child in the home, the State shall, directly or by contract— (i) conduct and complete the study; and (ii) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; (B) the State shall treat any report described in subparagraph (A) that is received from another State (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 7 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and (C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A).. (2) Sense of the Congress \nIt is the sense of the Congress that each State should— (A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and (B) give full faith and credit to any home study report completed by any other State with respect to the placement of a child in foster care or for adoption. (b) Timely interstate home study incentive payments \nPart E of title IV of the Social Security Act ( 42 U.S.C. 670–679b ) is amended by inserting after section 473A the following: 473B. Timely interstate home study incentive payments \n(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. (b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. (c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. (d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments. (e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. (f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. (g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. (h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended.. (c) Repealer \nEffective October 1, 2008, section 473B of the Social Security Act is repealed.", "id": "HC696DE45BBB842C79C09509EF7C3D46", "header": "Home studies" }, { "text": "473B. Timely interstate home study incentive payments \n(a) Grant authority \nThe Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. (b) Home study incentive-eligible State \nA State is a home study incentive-eligible State for a fiscal year if— (1) the State has a plan approved under this part for the fiscal year; (2) the State is in compliance with subsection (c) for the fiscal year; and (3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. (c) Data requirements \n(1) In general \nA State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies— (A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and (B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved. (2) Verification of data \nIn determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. (d) Timely interstate home study incentive payments \n(1) In general \nExcept as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year. (2) Pro rata adjustment if insufficient funds available \nIf the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to— (A) the total of the amounts so made available; divided by (B) the total of such otherwise payable incentive payments. (e) 2-year availability of incentive payments \nPayments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. (f) Limitations on use of incentive payments \nA State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. (g) Definitions \nIn this section: (1) Home study \nThe term home study means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child. (2) Interstate home study \nThe term interstate home study means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State. (3) Timely interstate home study \nThe term timely interstate home study means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. (h) Limitations on authorization of appropriations \n(1) In general \nFor grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005. (2) Availability \nAmounts appropriated under paragraph (1) are authorized to remain available until expended.", "id": "HBBFC85083C244C869E5CDAAFC6A07B85", "header": "Timely interstate home study incentive payments" }, { "text": "5. Requirement to check child abuse registries; opt-out eliminated \nSection 471(a)(20) of the Social Security Act ( 42 U.S.C. 671(a)(20) ) is amended— (1) in subparagraph (A), by striking unless an election provided for in subparagraph (B) is made with respect to the State, ; and (2) by striking subparagraph (B) and inserting the following: (B) provides that the State shall— (i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part; (ii) comply with any request described in clause (i) that is received from another State; and (iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;.", "id": "HB6B73D147CA849CAA1A6955661897D7", "header": "Requirement to check child abuse registries; opt-out eliminated" }, { "text": "6. Courts allowed access to the Federal Parent Locator Service to locate parents in foster care or adoptive placement cases \nSection 453(c) of the Social Security Act ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period and inserting ; and ; and (3) by adding at the end the following: (5) any court which has authority with respect to the placement of a child in foster care or for adoption, but only for the purpose of locating a parent of the child..", "id": "H5E002B7A88B6444F987893D45CF554CC", "header": "Courts allowed access to the Federal Parent Locator Service to locate parents in foster care or adoptive placement cases" }, { "text": "7. Caseworker visits \n(a) Purchase of services in interstate placement cases \nSection 475(5)(A)(ii) of the Social Security Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking or of the State in which the child has been placed and inserting of the State in which the child has been placed, or of a private agency under contract with either such State. (b) Increased visits \nSection 475(5)(A)(ii) of such Act ( 42 U.S.C. 675(5)(A)(ii) ) is amended by striking 12 and inserting 6.", "id": "H19C8B82F1A314464B2B2C852286E82E1", "header": "Caseworker visits" }, { "text": "8. Health and education records \nSection 475 of the Social Security Act ( 42 U.S.C. 675 ) is amended— (1) in paragraph (1)(C)— (A) by striking To the extent available and accessible, the and inserting The ; and (B) by inserting the most recent information available regarding after including ; and (2) in paragraph (5)(D)— (A) by inserting a copy of the record is before supplied ; and (B) by inserting , and is supplied to the child at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law before the semicolon.", "id": "H70FAC877698C42B08F67CD6EA6008D1F", "header": "Health and education records" }, { "text": "9. Right to be heard in foster care proceedings \n(a) In general \nSection 475(5)(G) of the Social Security Act ( 42 U.S.C. 675(5)(G) ) is amended— (1) by striking an opportunity and inserting a right ; (2) by striking and opportunity and inserting and right ; and (3) by striking review or hearing each place it appears and inserting proceeding. (b) Notice of proceeding \nSection 438(b) of such Act ( 42 U.S.C. 638(b) ) is amended by inserting shall have in effect a rule requiring State courts to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State of any proceeding to be held with respect to the child, and after highest State court.", "id": "H0622DF8EDEB3406D973FB546DB20D2A0", "header": "Right to be heard in foster care proceedings" }, { "text": "10. Reasonable efforts \n(a) In general \nSection 471(a)(15)(C) of the Social Security Act ( 42 U.S.C. 671(a)(15)(C) ) is amended by inserting (including, if appropriate, through an interstate placement) after accordance with the permanency plan. (b) Permanency hearing \nSection 471(a)(15)(E)(i) of such Act ( 42 U.S.C. 671(a)(15)(E)(i) ) is amended by inserting , which considers in-State and out-of-State permanent placement options for the child, before shall. (c) Concurrent planning \nSection 471(a)(15)(F) of such Act ( 42 U.S.C. 671(a)(15)(F) ) is amended by inserting , including identifying appropriate out-of-State relatives and placements before may.", "id": "H4E0A0A6D3D5E460CA5135E46A41CAA63", "header": "Reasonable efforts" }, { "text": "11. Case plans \nSection 475(1)(E) of the Social Security Act ( 42 U.S.C. 675(1)(E) ) is amended by inserting to facilitate orderly and timely interstate placements before the period.", "id": "H171EA93F6CF24C069ED0ACA47F6066E5", "header": "Case plans" }, { "text": "12. Case review system \nSection 475(5)(C) of the Social Security Act ( 42 U.S.C. 675(5)(C) is amended— (1) by inserting , in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options, after living arrangement ; and (2) by inserting the hearing shall determine before whether the.", "id": "H520182C0B2DB4328A12FAA6B7945944B", "header": "Case review system" }, { "text": "13. Use of interjurisdictional resources \nSection 422(b)(12) of the Social Security Act ( 42 U.S.C. 622(b)(12) ) is amended— (1) by striking develop plans for the and inserting make ; (2) by inserting (including through contracts for the purchase of services) after resources ; and (3) by inserting , and shall eliminate legal barriers, before to facilitate.", "id": "HFDEA8F0AAEDD43A6A9FFACAB6400DF7F", "header": "Use of interjurisdictional resources" }, { "text": "14. GAO study on child welfare background checks \n(a) Study \nThe Comptroller General of the United States shall conduct a study of background checks that are performed for the purpose of determining the appropriateness of placing in a foster or adoptive home a child who is under the custody of a State. The study shall review the policies and practices of States in order to— (1) identify the most common delays in the background clearance process and where in the process the delays occur; (2) describe when background checks are initiated; (3) determine which of local, State, or Federal (such as FBI) background checks are used, how long it takes, on average, for each kind of check to be processed, which crimes or other events are included in each kind of check, how the States differ in classifying the crimes and other events checked, and how the information revealed by the checks is used in determining eligibility to act as a foster or adoptive parent; (4) examine the barriers child welfare agencies face in accessing criminal background check information; (5) examine the use of the latest information-sharing technology, including electronic fingerprinting and participation in the Integrated Automated Fingerprinting Information System; (6) identify the varied uses of such technology for child welfare purposes as opposed to criminal justice purposes; and (7) recommend best practices that can increase the speed, efficiency, and accuracy of child welfare background checks at all levels of government. (b) Report to the Congress \nWithin 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Ways and Means and on Education and the Workforce of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report which contains the results of the study required by subsection (a).", "id": "HB2D086BE18CD484088506D98C1B18508", "header": "GAO study on child welfare background checks" }, { "text": "15. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2004, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay permitted if State legislation required \nIf the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "id": "H8708D03703B6499B865C1D006E28A5B2", "header": "Effective date" } ]

[ { "text": "1. Immediate relative status for Veronica Mitina Haskins \n(a) In general \nVeronica Mitina Haskins shall be classified as a child under section 101(b)(1)(F) of the Immigration and Nationality Act for purposes of approval of a relative visa petition filed under section 204 of such Act by her adoptive parent and the filing of an application for an immigrant visa or adjustment of status. (b) Adjustment of status \nIf Veronica Mitina Haskins enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the petition and the application for issuance of an immigrant visa or the application for adjustment of status are filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Veronica Mitina Haskins, the Secretary of State shall instruct the proper officer to reduce by 1, for the current or next following fiscal year, the worldwide level of family-sponsored immigrants under section 201(c)(1)(A) of the Immigration and Nationality Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Veronica Mitina Haskins shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H48FDF21FE4CC499DB3EB3D9390209F03", "header": "Immediate relative status for Veronica Mitina Haskins" }, { "text": "2. Eligibility for citizenship \nFor purposes of section 320 of the Immigration and Nationality Act , Veronica Mitina Haskins shall be considered to have satisfied the requirements applicable to adopted children under section 101(b)(1) of such Act.", "id": "H1DCCA38A241849DBA4003EC55BFD18FC", "header": "Eligibility for citizenship" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Coordinated Environmental Health Network Act of 2004.", "id": "HDFA1166AC0604E1FA0EADDD8F4578513", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds that— (1) approximately 7 out of every 10 deaths in the United States are attributable to chronic diseases; (2) with 100,000,000 people suffering from chronic diseases each year, and $750,000,000,000 lost in health care costs as a result, the national cost of chronic disease is extremely high and must be appropriately addressed; (3) the rates of many chronic diseases, including asthma, some birth defects, cancers, and autism, appear to be increasing; (4) there is a growing amount of evidence that environmental factors are strongly linked with specific chronic disease; (5) a major gap in critical knowledge exists regarding the prevalence and incidence of chronic diseases; (6) States, local communities, territories, and Indian tribes need assistance with public health efforts that would lead to prevention of chronic disease, including the establishment and maintenance of necessary infrastructure for disease and environmental hazard exposure surveillance; and (7) a Coordinated Environmental Health Network will help target resources to areas of chronic disease prevention most in need. (b) Purposes \nIt is the purpose of this Act to— (1) develop, operate, and maintain a Coordinated Environmental Health Network, State Environmental Health Networks, and rapid response capabilities so that the Federal Government, States, local governments, territories, and Indian tribes can more effectively monitor, investigate, respond to, research, and prevent increases in the incidence and prevalence of certain chronic diseases and relevant environmental and other risk factors; (2) provide information collected through the Coordinated and State Environmental Health Networks to government agencies, public health practitioners and researchers, policy makers, and the public; (3) expand and coordinate among existing surveillance and data collection systems and other infrastructure for chronic diseases and relevant environmental, and other risk factors, including those relevant to bioterrorism; (4) improve coordination between the areas of public health, environmental protection, and chemical, radiological and biological terrorism; and (5) provide necessary support to ensure the availability of a sufficient number of well-trained environmental health and public health personnel to participate and provide leadership in the development and maintenance of the Coordinated and State Environmental Health Networks.", "id": "HDF69A6AB0D094FCE9078E2759525D1F3", "header": "Findings and purpose" }, { "text": "3. Amendment to the Public Health Service Act \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXIX Coordinated Environmental Health Network \n2900. Definitions \nIn this title: (1) Administrators \nThe term Administrators means the Director of the Centers for Disease Control and Prevention Coordinating Center for Environmental Health, Injury Prevention, and Occupational Health, and the Administrator of the Environmental Protection Agency. (2) Committee \nThe term Committee means the Advisory Committee established under section 2901(d). (3) Director \nThe term Director means the Director of the Centers for Disease Control and Prevention. (4) Medical privacy regulations \nThe term medical privacy regulations means the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Coordinated Network \nThe term Coordinated Network means the Coordinated Environmental Health Network established under section 2901(a). (6) Priority chronic condition \nThe term priority chronic condition means a condition to be tracked in the Coordinated Network and the State Networks, including birth defects, developmental disabilities (such as cerebral palsy, autism, and mental retardation), asthma and chronic respiratory diseases, neurological diseases (such as Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, and amyotrophic lateral sclerosis), autoimmune diseases (such as lupus), cancer, juvenile diabetes, and such other priority chronic conditions as the Secretary may specify. (7) State Network \nThe term State Network means a State Environmental Health Network established under section 2901(b). (8) State \nThe term State means a State, territory, or Indian tribe that is eligible to receive a health tracking grant under section 2901(b). 2901. Establishment of Coordinated and State Environmental Health Networks \n(a) Coordinated Environmental Health Network \n(1) Establishment \nNot later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director and in consultation with the Administrators, State and local health departments, and the Committee, shall establish and operate a Coordinated Environmental Health Network. In establishing and operating the Coordinated Network, the Secretary shall— (A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including— (i) the National Electronic Disease Surveillance System; (ii) State birth defects surveillance systems as supported under section 317C; (iii) State cancer registries as supported under part M of title III; (iv) State asthma surveillance systems as supported under section 317I; (v) the National Health and Nutrition Examination Survey; (vi) the Behavioral Risk Factor Surveillance System; (vii) the Hazardous Substance Release/Health Effects Database; (viii) the Hazardous Substances Emergency Events Surveillance System; (ix) the National Exposure Registry; (x) the Health Alert Network; and (xi) the State vital statistics systems as supported under section 306; (B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; (C) not later than 36 months after the date of the enactment of this title, and annually thereafter, prepare and publish, in accordance with paragraph (2), a Coordinated Environmental Health Network Report to provide the public with the findings of the Coordinated Network; (D) operate and maintain a National Environmental Health Rapid Response Service within the Epidemic Intelligence Service to carry out the activities described in paragraph (3); (E) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); (F) provide technical assistance to support the State Networks, including providing— (i) training for environmental health investigators appointed or hired under subsection (b)(3)(D); (ii) technical assistance as needed to States to build necessary capacity and infrastructure for the establishment of a State Network, including a computerized data collection, reporting, and processing system, and additional assistance identified by the States under subsection (b)(5)(C) as necessary for infrastructure development; and (iii) such other technical assistance as the Secretary, in consultation with the Administrators, determines to be necessary; (G) not later than 12 months after the date of the enactment of this title, acting through the Director and consulting with the Administrators, the Surgeon General, the Director of the National Institutes of Health, and States, develop minimum standards and procedures in accordance with paragraph (4) for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and (H) in developing the minimum standards and procedures under subparagraph (G), include mechanisms for allowing the States to set priorities, and allocate resources accordingly, among the factors described in subparagraphs (A), (B), and (C) of paragraph (4). (2) Coordinated Environmental Health Network Report \nEach Coordinated Environmental Health Network Report prepared under paragraph (1)(C) shall include— (A) a statement of the activities carried out under this title; (B) an analysis of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors by State and census tract (or other political or administrative subdivision determined appropriate by the Secretary in consultation with the Administrator of the Environmental Protection Agency) for the calendar year preceding the year for which the report is prepared; (C) the identification of gaps in the data of the Coordinated Network, including diseases of concern and environmental exposures not tracked; and (D) recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; (3) National Environmental Health Rapid Response Service \nThe National Environmental Health Rapid Response Service operated under paragraph (1)(D) shall— (A) work with environmental health investigators appointed or hired under subsection (b)(3)(D) to develop and implement strategies, protocols, and guidelines for the coordinated, rapid responses to actual and perceived higher than expected incidence and prevalence rates of priority chronic conditions and to acute and potential environmental hazards and exposures; (B) conduct investigations into higher than expected incidence and prevalence rates of priority chronic conditions or environmental exposures after an individual requests, through a process established by the Secretary, the intervention of the Service; (C) coordinate activities carried out under this title with activities carried out under sections 319 through 319G; and (D) coordinate activities carried out under this title with the Administrators, the Surgeon General, and the Director of the National Institutes of Health. (4) Data collection and reporting by State Networks \nThe minimum standards and procedures referred to in paragraph (1)(G) shall include— (A) a list and definitions of the priority chronic conditions to be tracked through the State Networks; (B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including— (i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act ); (ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act ; (iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ); (iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); (v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; (vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act ); and (vii) such other potentially relevant environmental factors as the Secretary may specify; (C) a list and definitions of potentially relevant behavioral, socioeconomic, demographic, and other risk factors, including race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; (D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by census tract, or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, regarding the factors described in subparagraphs (A), (B), and (C); (E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; (F) standards and procedures for the establishment and maintenance of at least 7 regional biomonitoring laboratories, including providing for an equitable geographic distribution, by entering into cooperative agreements with States, groups of States, and academic institutions or consortia of academic institutions, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention; (G) criteria for the environmental health investigators as required under subsection (b)(3)(D); and (H) procedures for record and data maintenance and verification. (b) State environmental health networks \n(1) Grants \nNot later than 24 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrators, and taking into consideration the findings of the Committee, shall award grants to States, local governments, territories, and Indian tribes for the establishment, maintenance, and operation of State Environmental Health Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(4). (2) Specialized assistance \nThe Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. (3) Requirements \nA State, local government, territory, or Indian tribe receiving a grant under this subsection shall use the grant— (A) to establish an environmental health network that will provide— (i) for the complete tracking of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors as set forth in subsection (a), as well as any additional priority chronic conditions and potentially related environmental exposures of concern to that State, local government, territory, or Indian tribe; (ii) for identification of priority chronic conditions and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; (iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; (iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; (v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and (vi) for the collection of exposure data through biomonitoring and other methods, including the entering into of cooperative agreements with the Coordinated Network in the establishment of the regional biomonitoring laboratories; (B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Coordinated Network under subsection (a)(4), including the State’s priorities within the minimum standards, a timeline by which all the standards will be met, and a plan for coordinating and expanding existing data and surveillance systems within the State including any pilot projects established through the Centers for Disease Control and Prevention prior to the date of the enactment of this title; (C) to appoint a lead environmental health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies regarding the development, operation, and maintenance of the State Network; (D) to appoint or hire an environmental health investigator who meets criteria established by the Secretary under subsection (a)(4)(G) and who will coordinate the development and maintenance of the rapid response protocol established under subparagraph (E); (E) to establish a rapid response protocol, coordinated by the grantee’s environmental health investigator, in order to respond in a timely manner to actual and perceived incidence and prevalence rates of priority chronic diseases that are higher than expected, acute and potential environmental hazards and exposures, and other environmental health concerns, including warning the public when emergent public health concerns are detected through the State Network, and concerns regarding vulnerable subpopulations and disproportionately impacted subpopulations; (F) to establish an advisory committee to ensure local community input to the State Network; and (G) to recruit and train public health officials to continue to expand the State Network. (4) Limitation \nA State, local government, territory, or Indian tribe that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. (5) Application \nTo seek a grant under this section, a State, local government, territory, or Indian tribe shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. The Secretary may not approve an application for a grant under this subsection unless the application— (A) contains assurances that the State, local government, territory, or tribe will— (i) use the grant only in compliance with the requirements of this title; and (ii) establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement and accounting of Federal funds paid to the State, local government, territory, or tribe under the grant; (B) contains the assurance that the State, local government, territory, or tribe will establish a State Network as required by this subsection; and (C) contains assurances that if the State, local government, territory, or tribe is unable to meet all of the requirements described in this subsection within the prescribed time period, the State, local government, territory, or tribe will use grant funds to increase the public health infrastructure of the State, local government, territory, or tribe, acting in cooperation with the Coordinated Network, in order to implement and maintain a State Network within 24 months of the receipt of such grant. (c) Pilot projects \n(1) In general \nBeginning in fiscal year 2005, a State, local government, territory, or Indian tribe may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrators and the Committee. (2) Activities \nA State, local government, territory, or Indian tribe shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns, including— (A) the expansion of the State Network to include additional chronic diseases or environmental exposures; (B) the conduct of investigations of local concerns of increased incidence or prevalence of priority chronic conditions and environmental exposures; and (C) the carrying out of other activities as determined to be a priority by the State or consortium of regional States, local government, territory, or tribe and the Secretary. (3) Results \nThe Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network. (d) Advisory Committee \n(1) Establishment \nNot later than 3 months after the date of the enactment of this title, the Secretary acting jointly with the Administrators, shall establish an Advisory Committee in accordance with the Federal Advisory Committee Act. (2) Composition \nThe Advisory Committee shall be composed of 16 members to be appointed by the Secretary. Each member of the Advisory Committee shall serve a 3-year term, except that the Secretary may appoint the initial members of the Advisory Committee for lesser terms in order to comply with the following sentence. In appointing the members of the Advisory Committee, the Secretary shall ensure that the terms of 5 or 6 members expire each year. The Advisory Committee shall include at least 9 members that have experience in the areas of— (A) public health; (B) the environment, especially toxic chemicals and human exposure; (C) epidemiology; and (D) biomonitoring and other relevant exposure technologies. (3) Reporting \nThe Advisory Committee shall not later than 12 months after the date of the enactment of this title, and at least once every 12 months thereafter, report to Congress on the progress of the Coordinated Network. (4) Hearings \nThe Advisory Committee shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out the objectives of the Coordinated Network. (5) Duties \nThe Advisory Committee shall— (A) review and provide input for the Coordinated Environmental Health Network Report prior to publication, and make recommendations as to the progress of the Coordinated Network, including identifying information gaps in the network; (B) assist in developing the minimum standards and procedures for the State Networks under subsection (a)(4); and (C) provide ongoing public input to the Coordinated Network. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009. 2902. Increasing public health personnel capacity \n(a) Schools or programs of public health Centers of Excellence \n(1) Grants \nBeginning in fiscal year 2005, the Secretary may award grants to at least 5 accredited schools or programs of public health for the establishment, maintenance, and operation of Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors. (2) Activities \nA Center of Excellence established or operated under paragraph (1) shall undertake research and development projects in at least 1 of the following areas: (A) Investigating causal connections between chronic conditions and environmental factors. (B) Increasing the understanding of the causes of higher than expected incidence and prevalence rates of priority chronic conditions and developing more effective intervention methods for when such elevated rates occur. (C) Identifying additional chronic conditions and environmental factors that could be tracked by the Coordinated Network. (D) Improving translation of Coordinated Network tracking results into effective prevention activities. (E) Improving the training of public health workforce in environmental epidemiology. (F) Establishing links to the Coordinated Network and the State Networks to identify associations that warrant further study. (3) Requirements for Centers of excellence \nTo be eligible to receive a grant under paragraph (1), a school or program of public health shall provide assurances that the school or program— (A) meets the minimum requirements as established by the Secretary in consultation with the Director; (B) maintains privacy for public health information if appropriate to the project; and (C) makes public information regarding the findings and results of the programs. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 through 2009. (b) John h. chafee public health scholar program \n(1) In general \nThe Secretary shall award scholarships, to be known as John H. Chafee Public Health Scholarships, to eligible students who are enrolled in an accredited school of public health or medicine. The Secretary shall determine both the criteria and eligibility requirements for such scholarships, after consultation with the Committee. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2005 through 2009. (c) Applied epidemiology fellowship programs \n(1) In general \nBeginning in fiscal year 2005, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local epidemiology capacity in the areas of environmental health, chronic disease, and birth defects and development disabilities. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for fiscal year 2005, and such sums as may be necessary in each of fiscal years 2006 through 2009. 2903. General provisions \n(a) Internal monitoring and coordination regarding CDC \nThe Secretary, acting through the Director, shall place primary responsibility for the coordination of the programs established under this title in the Office of the Director. The officers or employees of the Centers for Disease Control and Prevention who are assigned responsibility for monitoring and coordinating the activities carried out under this title by the Director shall include officers or employees within the Office of the Director. (b) Funding through appropriations account for Public Health Improvement \nAll authorizations of appropriations established in this title are authorizations exclusively for appropriations to the account that, among appropriations accounts for the Centers for Disease Control and Prevention, is designated Public Health Improvement. (c) Date certain for obligation of appropriations \nWith respect to the process of receiving applications for and making awards of grants, cooperative agreements, and contracts under this title, the Secretary, acting through the Director, shall to the extent practicable design the process to ensure that amounts appropriated under this title for such awards for a fiscal year are obligated not later than the beginning of the fourth quarter of the fiscal year, subject to compliance with section 1512 of title 31, United States Code (relating to deficiency or supplemental appropriations), and other applicable law regarding appropriations accounting. (d) Coordination with Agency for toxic substances and disease registry \nIn carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry. (e) Coordination with existing pilot projects through CDC \nThe Secretary shall integrate the enactment of this title with all environmental health tracking pilot projects funded prior to the date of enactment of this title..", "id": "H884BC11FF3E14FC5ADA0D684EFAC7858", "header": "Amendment to the Public Health Service Act" }, { "text": "2900. Definitions \nIn this title: (1) Administrators \nThe term Administrators means the Director of the Centers for Disease Control and Prevention Coordinating Center for Environmental Health, Injury Prevention, and Occupational Health, and the Administrator of the Environmental Protection Agency. (2) Committee \nThe term Committee means the Advisory Committee established under section 2901(d). (3) Director \nThe term Director means the Director of the Centers for Disease Control and Prevention. (4) Medical privacy regulations \nThe term medical privacy regulations means the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Coordinated Network \nThe term Coordinated Network means the Coordinated Environmental Health Network established under section 2901(a). (6) Priority chronic condition \nThe term priority chronic condition means a condition to be tracked in the Coordinated Network and the State Networks, including birth defects, developmental disabilities (such as cerebral palsy, autism, and mental retardation), asthma and chronic respiratory diseases, neurological diseases (such as Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, and amyotrophic lateral sclerosis), autoimmune diseases (such as lupus), cancer, juvenile diabetes, and such other priority chronic conditions as the Secretary may specify. (7) State Network \nThe term State Network means a State Environmental Health Network established under section 2901(b). (8) State \nThe term State means a State, territory, or Indian tribe that is eligible to receive a health tracking grant under section 2901(b).", "id": "HC60F015CFFCC460DBAD9D73DB3774DDE", "header": "Definitions" }, { "text": "2901. Establishment of Coordinated and State Environmental Health Networks \n(a) Coordinated Environmental Health Network \n(1) Establishment \nNot later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director and in consultation with the Administrators, State and local health departments, and the Committee, shall establish and operate a Coordinated Environmental Health Network. In establishing and operating the Coordinated Network, the Secretary shall— (A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including— (i) the National Electronic Disease Surveillance System; (ii) State birth defects surveillance systems as supported under section 317C; (iii) State cancer registries as supported under part M of title III; (iv) State asthma surveillance systems as supported under section 317I; (v) the National Health and Nutrition Examination Survey; (vi) the Behavioral Risk Factor Surveillance System; (vii) the Hazardous Substance Release/Health Effects Database; (viii) the Hazardous Substances Emergency Events Surveillance System; (ix) the National Exposure Registry; (x) the Health Alert Network; and (xi) the State vital statistics systems as supported under section 306; (B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; (C) not later than 36 months after the date of the enactment of this title, and annually thereafter, prepare and publish, in accordance with paragraph (2), a Coordinated Environmental Health Network Report to provide the public with the findings of the Coordinated Network; (D) operate and maintain a National Environmental Health Rapid Response Service within the Epidemic Intelligence Service to carry out the activities described in paragraph (3); (E) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); (F) provide technical assistance to support the State Networks, including providing— (i) training for environmental health investigators appointed or hired under subsection (b)(3)(D); (ii) technical assistance as needed to States to build necessary capacity and infrastructure for the establishment of a State Network, including a computerized data collection, reporting, and processing system, and additional assistance identified by the States under subsection (b)(5)(C) as necessary for infrastructure development; and (iii) such other technical assistance as the Secretary, in consultation with the Administrators, determines to be necessary; (G) not later than 12 months after the date of the enactment of this title, acting through the Director and consulting with the Administrators, the Surgeon General, the Director of the National Institutes of Health, and States, develop minimum standards and procedures in accordance with paragraph (4) for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and (H) in developing the minimum standards and procedures under subparagraph (G), include mechanisms for allowing the States to set priorities, and allocate resources accordingly, among the factors described in subparagraphs (A), (B), and (C) of paragraph (4). (2) Coordinated Environmental Health Network Report \nEach Coordinated Environmental Health Network Report prepared under paragraph (1)(C) shall include— (A) a statement of the activities carried out under this title; (B) an analysis of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors by State and census tract (or other political or administrative subdivision determined appropriate by the Secretary in consultation with the Administrator of the Environmental Protection Agency) for the calendar year preceding the year for which the report is prepared; (C) the identification of gaps in the data of the Coordinated Network, including diseases of concern and environmental exposures not tracked; and (D) recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; (3) National Environmental Health Rapid Response Service \nThe National Environmental Health Rapid Response Service operated under paragraph (1)(D) shall— (A) work with environmental health investigators appointed or hired under subsection (b)(3)(D) to develop and implement strategies, protocols, and guidelines for the coordinated, rapid responses to actual and perceived higher than expected incidence and prevalence rates of priority chronic conditions and to acute and potential environmental hazards and exposures; (B) conduct investigations into higher than expected incidence and prevalence rates of priority chronic conditions or environmental exposures after an individual requests, through a process established by the Secretary, the intervention of the Service; (C) coordinate activities carried out under this title with activities carried out under sections 319 through 319G; and (D) coordinate activities carried out under this title with the Administrators, the Surgeon General, and the Director of the National Institutes of Health. (4) Data collection and reporting by State Networks \nThe minimum standards and procedures referred to in paragraph (1)(G) shall include— (A) a list and definitions of the priority chronic conditions to be tracked through the State Networks; (B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including— (i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act ); (ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act ; (iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ); (iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); (v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; (vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act ); and (vii) such other potentially relevant environmental factors as the Secretary may specify; (C) a list and definitions of potentially relevant behavioral, socioeconomic, demographic, and other risk factors, including race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; (D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by census tract, or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, regarding the factors described in subparagraphs (A), (B), and (C); (E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; (F) standards and procedures for the establishment and maintenance of at least 7 regional biomonitoring laboratories, including providing for an equitable geographic distribution, by entering into cooperative agreements with States, groups of States, and academic institutions or consortia of academic institutions, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention; (G) criteria for the environmental health investigators as required under subsection (b)(3)(D); and (H) procedures for record and data maintenance and verification. (b) State environmental health networks \n(1) Grants \nNot later than 24 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrators, and taking into consideration the findings of the Committee, shall award grants to States, local governments, territories, and Indian tribes for the establishment, maintenance, and operation of State Environmental Health Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(4). (2) Specialized assistance \nThe Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. (3) Requirements \nA State, local government, territory, or Indian tribe receiving a grant under this subsection shall use the grant— (A) to establish an environmental health network that will provide— (i) for the complete tracking of the incidence, prevalence, and trends of priority chronic conditions and potentially relevant environmental and other factors as set forth in subsection (a), as well as any additional priority chronic conditions and potentially related environmental exposures of concern to that State, local government, territory, or Indian tribe; (ii) for identification of priority chronic conditions and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; (iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; (iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; (v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and (vi) for the collection of exposure data through biomonitoring and other methods, including the entering into of cooperative agreements with the Coordinated Network in the establishment of the regional biomonitoring laboratories; (B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Coordinated Network under subsection (a)(4), including the State’s priorities within the minimum standards, a timeline by which all the standards will be met, and a plan for coordinating and expanding existing data and surveillance systems within the State including any pilot projects established through the Centers for Disease Control and Prevention prior to the date of the enactment of this title; (C) to appoint a lead environmental health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies regarding the development, operation, and maintenance of the State Network; (D) to appoint or hire an environmental health investigator who meets criteria established by the Secretary under subsection (a)(4)(G) and who will coordinate the development and maintenance of the rapid response protocol established under subparagraph (E); (E) to establish a rapid response protocol, coordinated by the grantee’s environmental health investigator, in order to respond in a timely manner to actual and perceived incidence and prevalence rates of priority chronic diseases that are higher than expected, acute and potential environmental hazards and exposures, and other environmental health concerns, including warning the public when emergent public health concerns are detected through the State Network, and concerns regarding vulnerable subpopulations and disproportionately impacted subpopulations; (F) to establish an advisory committee to ensure local community input to the State Network; and (G) to recruit and train public health officials to continue to expand the State Network. (4) Limitation \nA State, local government, territory, or Indian tribe that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. (5) Application \nTo seek a grant under this section, a State, local government, territory, or Indian tribe shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. The Secretary may not approve an application for a grant under this subsection unless the application— (A) contains assurances that the State, local government, territory, or tribe will— (i) use the grant only in compliance with the requirements of this title; and (ii) establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement and accounting of Federal funds paid to the State, local government, territory, or tribe under the grant; (B) contains the assurance that the State, local government, territory, or tribe will establish a State Network as required by this subsection; and (C) contains assurances that if the State, local government, territory, or tribe is unable to meet all of the requirements described in this subsection within the prescribed time period, the State, local government, territory, or tribe will use grant funds to increase the public health infrastructure of the State, local government, territory, or tribe, acting in cooperation with the Coordinated Network, in order to implement and maintain a State Network within 24 months of the receipt of such grant. (c) Pilot projects \n(1) In general \nBeginning in fiscal year 2005, a State, local government, territory, or Indian tribe may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrators and the Committee. (2) Activities \nA State, local government, territory, or Indian tribe shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns, including— (A) the expansion of the State Network to include additional chronic diseases or environmental exposures; (B) the conduct of investigations of local concerns of increased incidence or prevalence of priority chronic conditions and environmental exposures; and (C) the carrying out of other activities as determined to be a priority by the State or consortium of regional States, local government, territory, or tribe and the Secretary. (3) Results \nThe Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network. (d) Advisory Committee \n(1) Establishment \nNot later than 3 months after the date of the enactment of this title, the Secretary acting jointly with the Administrators, shall establish an Advisory Committee in accordance with the Federal Advisory Committee Act. (2) Composition \nThe Advisory Committee shall be composed of 16 members to be appointed by the Secretary. Each member of the Advisory Committee shall serve a 3-year term, except that the Secretary may appoint the initial members of the Advisory Committee for lesser terms in order to comply with the following sentence. In appointing the members of the Advisory Committee, the Secretary shall ensure that the terms of 5 or 6 members expire each year. The Advisory Committee shall include at least 9 members that have experience in the areas of— (A) public health; (B) the environment, especially toxic chemicals and human exposure; (C) epidemiology; and (D) biomonitoring and other relevant exposure technologies. (3) Reporting \nThe Advisory Committee shall not later than 12 months after the date of the enactment of this title, and at least once every 12 months thereafter, report to Congress on the progress of the Coordinated Network. (4) Hearings \nThe Advisory Committee shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out the objectives of the Coordinated Network. (5) Duties \nThe Advisory Committee shall— (A) review and provide input for the Coordinated Environmental Health Network Report prior to publication, and make recommendations as to the progress of the Coordinated Network, including identifying information gaps in the network; (B) assist in developing the minimum standards and procedures for the State Networks under subsection (a)(4); and (C) provide ongoing public input to the Coordinated Network. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009.", "id": "H3F34E39FB7A94E57A3C90066A65035BD", "header": "Establishment of Coordinated and State Environmental Health Networks" }, { "text": "2902. Increasing public health personnel capacity \n(a) Schools or programs of public health Centers of Excellence \n(1) Grants \nBeginning in fiscal year 2005, the Secretary may award grants to at least 5 accredited schools or programs of public health for the establishment, maintenance, and operation of Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors. (2) Activities \nA Center of Excellence established or operated under paragraph (1) shall undertake research and development projects in at least 1 of the following areas: (A) Investigating causal connections between chronic conditions and environmental factors. (B) Increasing the understanding of the causes of higher than expected incidence and prevalence rates of priority chronic conditions and developing more effective intervention methods for when such elevated rates occur. (C) Identifying additional chronic conditions and environmental factors that could be tracked by the Coordinated Network. (D) Improving translation of Coordinated Network tracking results into effective prevention activities. (E) Improving the training of public health workforce in environmental epidemiology. (F) Establishing links to the Coordinated Network and the State Networks to identify associations that warrant further study. (3) Requirements for Centers of excellence \nTo be eligible to receive a grant under paragraph (1), a school or program of public health shall provide assurances that the school or program— (A) meets the minimum requirements as established by the Secretary in consultation with the Director; (B) maintains privacy for public health information if appropriate to the project; and (C) makes public information regarding the findings and results of the programs. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 through 2009. (b) John h. chafee public health scholar program \n(1) In general \nThe Secretary shall award scholarships, to be known as John H. Chafee Public Health Scholarships, to eligible students who are enrolled in an accredited school of public health or medicine. The Secretary shall determine both the criteria and eligibility requirements for such scholarships, after consultation with the Committee. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2005 through 2009. (c) Applied epidemiology fellowship programs \n(1) In general \nBeginning in fiscal year 2005, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local epidemiology capacity in the areas of environmental health, chronic disease, and birth defects and development disabilities. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $2,500,000 for fiscal year 2005, and such sums as may be necessary in each of fiscal years 2006 through 2009.", "id": "H6168829F3E6C48B6A8982F15AB8F4348", "header": "Increasing public health personnel capacity" }, { "text": "2903. General provisions \n(a) Internal monitoring and coordination regarding CDC \nThe Secretary, acting through the Director, shall place primary responsibility for the coordination of the programs established under this title in the Office of the Director. The officers or employees of the Centers for Disease Control and Prevention who are assigned responsibility for monitoring and coordinating the activities carried out under this title by the Director shall include officers or employees within the Office of the Director. (b) Funding through appropriations account for Public Health Improvement \nAll authorizations of appropriations established in this title are authorizations exclusively for appropriations to the account that, among appropriations accounts for the Centers for Disease Control and Prevention, is designated Public Health Improvement. (c) Date certain for obligation of appropriations \nWith respect to the process of receiving applications for and making awards of grants, cooperative agreements, and contracts under this title, the Secretary, acting through the Director, shall to the extent practicable design the process to ensure that amounts appropriated under this title for such awards for a fiscal year are obligated not later than the beginning of the fourth quarter of the fiscal year, subject to compliance with section 1512 of title 31, United States Code (relating to deficiency or supplemental appropriations), and other applicable law regarding appropriations accounting. (d) Coordination with Agency for toxic substances and disease registry \nIn carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry. (e) Coordination with existing pilot projects through CDC \nThe Secretary shall integrate the enactment of this title with all environmental health tracking pilot projects funded prior to the date of enactment of this title.", "id": "H4FC4C3F4CCB144300013961CA13896AE", "header": "General provisions" } ]

[ { "text": "1. Clarification of private right of action against terrorist states; damages \n(a) Right of action \nSection 1605 of title 28, United States Code, is amended— (1) in subsection (f), in the first sentence, by inserting or (h) after subsection (a)(7) ; and (2) by adding at the end the following: (h) Certain actions against foreign states or officials, employees, or agents of foreign states \n(1) Cause of action \n(A) Cause of action \nA foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ) or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) or the national’s legal representative for personal injury or death caused by acts of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. (B) Discovery \nThe provisions of subsection (g) apply to actions brought under subparagraph (A). (C) Nationality of claimant \nNo action shall be maintained under subparagraph (A) arising from acts of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when such acts occurred. (2) Damages \nIn an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, solatium, damages for pain and suffering, and, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents. (3) Appeals \nAn appeal in the courts of the United States in an action brought under paragraph (1) may be made— (A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and (B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency of instrumentality of a foreign state, only if filed under section 1292 of this title.. (b) Conforming amendment \nSection 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of Division A of Public Law 104–208 (110 Stat. 3009–172; 28 U.S.C. 1605 note), is repealed.", "id": "H4271B18A575B499CA843C912A8BC5261", "header": "Clarification of private right of action against terrorist states; damages" }, { "text": "2. Property subject to attachment execution \nSection 1610 of title 28, United States Code, is amended by adding at the end the following: (g) Property interests in certain actions \n(1) In general \nA property interest of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under section 1605(a)(7), including a property interest that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of— (A) the level of economic control over the property interest by the government of the foreign state; (B) whether the profits of the property interest go to that government; (C) the degree to which officials of that government manage the property interest or otherwise have a hand in its daily affairs; (D) whether that government is the real beneficiary of the conduct of the property interest; or (E) whether establishing the property interest as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. (2) U.S. sovereign immunity inapplicable \nAny property interest of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under section 1605(a)(7) because the property interest is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act..", "id": "HC7DBC47B253A4BFDA2F553566D06F6E2", "header": "Property subject to attachment execution" }, { "text": "3. Applicability \n(a) In general \nThe amendments made by this Act apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. (b) Prior causes of action \nIn the case of any action that— (1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state of cause of action, and (2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.", "id": "H40DF4812F3D64E97888E123E44F35F1F", "header": "Applicability" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Social Security Solvency Act of 2004.", "id": "H84B4BF711B494D8E9789F2E04E52B637", "header": "Short title" }, { "text": "2. Adjustment to rate of increase in contribution and benefit base \nSection 230(b)(2) of the Social Security Act ( 42 U.S.C. 430(b)(2) ) is amended to read as follows: (2) the sum of— (A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus (B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,.", "id": "H29A85FCC986049E9AD1F2996A5D0B3B7", "header": "Adjustment to rate of increase in contribution and benefit base" }, { "text": "3. Application of the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits \n(a) In general \nSection 215(i)(1) of the Social Security Act ( 42 U.S.C. 425(i)(1) ) is amended— (1) in subparagraph (G), by striking the period and inserting ; and ; and (2) by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.. (b) Effective date \nThe amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005.", "id": "H17682CABEDC04437ACF1DF35169BFC92", "header": "Application of the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits" }, { "text": "4. Retention of estate tax; transfers to Social Security Trust Fund \n(a) Exclusion equivalent made permanent at 2009 amount \nThe item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows the applicable exclusion amount and inserting. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.. (b) Conforming amendments \n(1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2) (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking this Act and all that follows and inserting this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.. (B) Subsection (b) of such section 901 is amended by striking , estates, gifts, and transfers. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund \n(1) In general \nThere are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers \nThe amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports \nThe Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding— (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years.", "id": "HC9A4732BE55F4717844DC7D0D506B5E9", "header": "Retention of estate tax; transfers to Social Security Trust Fund" }, { "text": "5. Future adjustment of employment tax rates to keep social security trust funds in balance \n(a) Statement of projected insolvency in annual report of Board of Trustees \nSection 201(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended, in the second sentence following clause (5), by striking Trustees). and inserting Trustees), the Board’s best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).. (b) Employee contribution \nSubsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (c) Employer contribution \nSubsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.. (d) Self-Employment contribution \nSubsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary..", "id": "H90E31F6F5A3240D08343969DE56FF27", "header": "Future adjustment of employment tax rates to keep social security trust funds in balance" } ]

[ { "text": "1. Driving under the influence of an illegal drug \n(a) Duties \nThe Administrator shall— (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug; and (3) transmit to the Congress on an annual basis a report including— (A) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; (B) a description of the progress that each State has made in meeting the requirement of subsection (c); and (C) recommendations for addressing the problem of driving under the influence of an illegal drug. The Administrator shall transmit the first report under paragraph (3) not later than one year after the date of enactment of this Act. (b) Transfer of funds \n(1) Fiscal year 2007 \nOn October 1, 2006, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 1 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (2) Fiscal year 2008 \nOn October 1, 2007, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (3) Fiscal year 2009 \nOn October 1, 2008, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (4) Fiscal year 2010 \nOn October 1, 2009, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (5) Fiscal year 2011 \nOn October 1, 2010, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 16 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (6) Fiscal year 2012 \nOn October 1, 2011, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 32 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (7) Fiscal years thereafter \nOn October 1, 2012, and each October 1 thereafter, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 50 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (c) Requirement \nA State meets the requirement of this subsection if— (1) the State has transmitted to the Administrator a plan for addressing the problem of driving under the influence of an illegal drug that includes enacting a law that— (A) prohibits an individual from driving under the influence of an illegal drug; and (B) includes a mandatory minimum penalty for an individual convicted of driving under the influence of an illegal drug; (2) the Administrator has approved the plan transmitted under paragraph (1); and (3) the State has enacted and is enforcing the law included in the plan approved by the Administrator under paragraph (2). (d) Use of transferred funds \nAny funds transferred to the Administrator under subsection (b) shall be used for the purpose of carrying out the duties of the National Highway Traffic Safety Administration. (e) Transfer of obligation authority \n(1) In general \nIf the Secretary transfers any funds to the Administrator under subsection (b) with respect to a State for a fiscal year, the Secretary shall transfer to the Administrator an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs. (2) Amount \nThe amount of obligation authority referred to in paragraph (1) shall be determined by multiplying— (A) the amount of funds transferred under subsection (b) to the Administrator with respect to a State for the fiscal year, by (B) the ratio that— (i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.", "id": "HA6F48A2129374CD0968FAA48752B2833", "header": "Driving under the influence of an illegal drug" }, { "text": "2. Definitions \nFor purposes of this Act— (1) the term Administrator means the Administrator of the National Highway Traffic Safety Administration; and (2) the term Secretary means the Secretary of Transportation.", "id": "HA8D9656846534563BBFD74D7CFFB8EB3", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Fishery Mitigation Coordination Act.", "id": "HBB41DF468CB84825A11D9DA45B59003E", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. The construction and operation of these Federal water resource development projects have had impacts on many water systems and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742(a) -754), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661-667(e) ), the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001-1009 ), and the National Environmental Policy Act ( 42 U.S.C. 4321-4347 ), the Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The United States Fish and Wildlife Service currently operates nearly 40 fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resource development projects. (4) Mitigation fishery activities conducted by the Service at these facilities are highly valued by the State and Indian tribal partners, and the fishing community. (5) Inconsistency in authorities, which now number over 200, to construct and operate Federal water resource development projects have led to myriad mechanisms for funding and conducting Federal mitigation fishery activities. In most cases Federal water project sponsors fund mitigation fishery costs. In some cases the Service expends its appropriations to offset mitigation fishery costs. (6) The Service is the Federal agency through which a sponsor agency will negotiate to provide goods and services to augment fisheries to compensate for the impact of Federal water development projects on aquatic resources. (7) The sponsor agency should bear the financial responsibility for mitigation fishery costs incurred by the Service.", "id": "H7947E6A1CC9042E491C727DBA51E3539", "header": "Findings" }, { "text": "3. Fish hatcheries \nA sponsor agency shall enter into an agreement with the Service described in section 5 to pay the cost that fish hatcheries that conduct mitigation activities incur, including the following: (1) Arizona—Willow Beach, National Fish Hatchery. (2) Arkansas— (A) Greers Ferry, National Fish Hatchery; and (B) Norfolk, National Fish Hatchery. (3) California—Tehama-Colusa Fish Facility. (4) Colorado—Hotchkiss, National Fish Hatchery. (5) Georgia—Chattahoochee Forest, National Fish Hatchery. (6) Kentucky—Wolf Creek, National Fish Hatchery. (7) Missouri—Neosho, National Fish Hatchery. (8) Montana—Ennis, National Fish Hatchery. (9) Nevada—Lahontan, National Fish Hatchery. (10) North Dakota— (A) Garrison Dam, National Fish Hatchery; and (B) Valley City, National Fish Hatchery. (11) Oklahoma—Tishomingo, National Fish Hatchery. (12) South Dakota—Gavins Point, National Fish Hatchery. (13) Tennessee— (A) Dale Hollow, National Fish Hatchery; and (B) Erwin, National Fish Hatchery. (14) Utah—Jones Hole, National Fish Hatchery. (15) Wyoming—Jackson, National Fish Hatchery.", "id": "H443BEF0940444BE0B2AE17434C41C0C0", "header": "Fish hatcheries" }, { "text": "4. Definitions \nFor this Act, the following definitions apply: (1) Sponsor agency \nThe term sponsor agency means the United States Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (2) Service \nThe term Service means the United States Fish and Wildlife Service. (3) Mitigation fisheries \nThe term mitigation fisheries means fisheries augmented by hatchery fish to compensate for the impacts of Federal water development projects on aquatic resources. (4) Mitigation fishery activities \nThe term mitigation fishery activities means rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects and includes project planning and evaluation. (5) Mitigation fishery costs \nThe term mitigation fishery costs means the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, and include: personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and evaluation. (6) Mitigation fishery facility \nThe term mitigation fishery facility means facilities owned and operated by the United States Fish and Wildlife Service through the National Fish Hatchery System for the purpose, either wholly or in part, of conducting mitigation fishery activities. (7) Fishery mitigation plan \nThe term fishery mitigation plan refers to a resource management plan developed between the United States Fish and Wildlife Service and one or more sponsor agencies, and in cooperation and coordination with affected States and Indian Tribes, that describes the long-term goals and annual targets for conducting mitigation fishery activities. A fishery mitigation plan shall be approved in advance by a sponsor agency and the Service.", "id": "H3ADA272CF5BC4646B3654BEE007D3F3D", "header": "Definitions" }, { "text": "5. Mitigation fishery costs \nNot later than October 1, 2007, and each October 1st thereafter, a sponsor agency shall pay to the Service the total amount of funds necessary to meet the mitigation fishery costs to meet objectives described in the fishery mitigation plan for a respective water development project. The funds to be obligated for this purpose shall be identified in advance by the Director of the United States Fish and Wildlife Service.", "id": "H757608072E9B4C5D99DF3C2D8031B1A4", "header": "Mitigation fishery costs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Post 9/11 Health Protection Act of 2004.", "id": "H55A75A8215A54794ADFBDE00EA007FE", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) On September 11, 2001, in New York City, firefighters, paramedics, emergency medical technicians, police officers, laborers, survivors, and others risked their lives far and beyond what was expected of them. They took upon themselves a burden that weighed so heavily that they still carry the repercussions almost three years later. (2) It is not only necessary but obligatory upon our Nation to address the health consequences from the environmental exposures these individuals experienced after the World Trade Centers disaster, which are, as demonstrated by extensive research, directly associated with significant adverse effects on health. (3) The dust from the disaster produced bronchial hyperactivity, persistent cough, and increased risk of asthma, as well as plausible causes of observed increase in the number of infants with lower birthweights. (4) Substantial research has in addition demonstrated that these individuals have an increased future risk of mesothelioma, especially those exposed to asbestos. (5) According to the National Institutes of Health, the attacks have confirmed a positive relationship between the intensity of their exposure to airborne pollutants and the severity of their pulmonary symptoms.. (6) In an article published September 5, 2003, the Agency for Toxic Substances and Disease Registry stated that The effects of 9/11 are still being felt today by all New Yorkers, and all Americans.. In that article, Dr. Frieden stated that Hundreds of thousands of people from all walks of life were in the vicinity of the twin towers when they collapsed, and were exposed to a combination of smoke, dust, and debris.. (7) Research has proved that the smoke and debris have been detrimental in that they have caused various health ailments such as respiratory problems, birth defects, and cancer. (8) Out of 10,116 firefighters, 332 have displayed persistent cough accompanied by other respiratory symptoms severe enough to require up to four weeks leave of absence. Among the firefighters without a cough, many were diagnosed with bronchial hyperactivity. (9) Of iron workers that were involved in cleaning and recovery, approximately 1/3 have a chronic cough, 24 percent have reported a new onset of phlegm production, and more than 17 percent have complained of a new onset of wheeze. (10) One of the greater health risks has been exposure to asbestos, which was found in the rubble in concentrations as high as 20 percent. This material may cause lung cancer and malignant mesothelioma. (11) Researchers studied 187 pregnant women, and discovered that, for women within a half mile of ground zero who inhaled the soot, pulverized glass, and other toxins, the effects were detrimental enough to result in the delivery of infants who averaged a half-pound lighter than infants of unexposed mothers, a condition known as smaller-for-gestational-age ( SGA ). (12) In the Journal of the American Medical Association, researchers of Mount Sinai Medical Center explained the pollutants as a toxic cocktail, with a potential for long-term adverse health effects. Other studies have associated the pollutants with a direct connection to heart disease and an array of chronic disorders. One example is the condition known as the World Trade Center cough; firefighters and other rescue workers have complained of this persistent respiratory illness. (13) According to Inter Press Service, 2.5 years after the attacks laborers are still suffering from severe breathing problems, skin rashes, nausea, depression, or anxiety. (14) Of emergency respondents, 80 percent have reported of having at least one respiratory symptom, such as sore throat, chest tightness, or cough and wheezing. One half complained of having problems one year later. (15) Dr. Rafael de la Hoz noted that, of about 150 day workers examined at Mount Sinai Medical Center, about 75 percent are suffering from upper airway diseases, and some have reported aggravated asthma or bronchial disease, back and musculoskeletal pain, or psychological problems such as post traumatic stress syndrome.", "id": "H392D900EFB0F40389C618C540022B09E", "header": "Findings" }, { "text": "2. September 11 Emergency Personnel Trust Fund \n(a) Additional tax on high income taxpayers \nSection 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (j) Additional tax on high income taxpayers \nThe amount determined under subsection (a), (b), (c), or (d), as the case may be, shall be increased by 1 percent of so much of adjusted gross income as exceeds $1,000,000 in the case of individuals to whom subsection (a) applies ($500,000 in any other case).. (b) September 11 emergency personnel trust fund \nSubchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: 9511. September 11 emergency personnel trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the `September 11 Emergency Personnel Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the September 11 Emergency Personnel Trust Fund amounts equivalent to the taxes received in the Treasury under section 1(j). (c) Expenditures \nAmounts in the September 11 Emergency Personnel Trust Fund shall be available to carry out sections 317T and 409J of the Public Health Service Act.. (c) Clerical amendment \nThe table of sections for such subchapter is amended by adding at the end thereof the following new item: Sec. 9511. September 11 Emergency Personnel Trust Fund. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H9E2078CC93F141E6AD2559A472691B8B", "header": "September 11 Emergency Personnel Trust Fund" }, { "text": "9511. September 11 emergency personnel trust fund \n(a) Creation of trust fund \nThere is established in the Treasury of the United States a trust fund to be known as the `September 11 Emergency Personnel Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). (b) Transfers to trust fund \nThere are hereby appropriated to the September 11 Emergency Personnel Trust Fund amounts equivalent to the taxes received in the Treasury under section 1(j). (c) Expenditures \nAmounts in the September 11 Emergency Personnel Trust Fund shall be available to carry out sections 317T and 409J of the Public Health Service Act.", "id": "H40D58DD4CC91499D898400000827FAB1", "header": "September 11 emergency personnel trust fund" }, { "text": "3. Certain health services for individuals assisting with response to September 11 terrorist attacks in New York City \n(a) In general \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317S the following section: 317T. Certain health services for individuals assisting with response to September 11 terrorist attacks in New York City \n(a) In general \nFrom the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements for the purpose of carrying out baseline and follow-up screening and clinical examinations, and long-term health monitoring and analysis, for covered individuals who meet the eligibility criteria under subsection (d). (b) Covered individuals \nFor purposes of this section, the term covered individuals means— (1) emergency service personnel and rescue and recovery personnel who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York, any time during the period of September 11, 2001, through August 31, 2002; (2) any other worker or volunteer who responded to such attacks, including— (A) a police officer; (B) a firefighter; (C) an emergency medical technician; (D) a transit worker; (E) any participating member of an urban search and rescue team; (F) Federal and State employees; (G) a person who worked to recover human remains; (H) a person who worked on the criminal investigation; and (I) any other relief or rescue worker or volunteer whom the Secretary determines to be appropriate; (3) a worker who responded to such attacks by assisting in the cleanup or restoration of critical infrastructure in and around; (4) a person whose place of residence is in the declared disaster area; (5) a person who is employed in or attends school, child care, or adult day care in a building located in the declared disaster area; and (6) any other person whom the Secretary determines to be appropriate. (c) Award recipient \n(1) In general \nSubject to the submission of an application satisfactory to the Secretary, awards under subsection (a) shall be made only to— (A) the consortium of medical entities that, pursuant to the program referred to in subsection (g), provided health services described in subsection (a) during fiscal year 2003 for the personnel described in subsection (b)(1), subject to the consortium meeting the criteria established in paragraph (2); and (B) the separate program carried out by the New York City Fire Department. (2) Criteria \nFor purposes of paragraph (1)(A), the criteria described in this paragraph for the consortium referred to in such paragraph are that the consortium has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (A) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (B) conducting long-term health monitoring and epidemiological studies; (C) conducting long-term mental health studies; and (D) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (d) Eligibility of covered individuals \nThe Secretary shall determine eligibility criteria for covered individuals to receive health services under subsection (a). Such criteria shall include the requirement that a covered individual may not receive services through the program under such section unless the individual enrolls in the program. (e) Certain program requirements \nWith respect to the program under subsection (a), the Secretary shall provide for the following: (1) Awards under subsection (a) shall designate an amount to be available only for covered individuals who— (A) are active or retired firefighters of New York City; and (B) in responding to the terrorist attacks of September 11, 2001, provided services in the immediate vicinity of the World Trade Center. (2) A covered individual enrolled in the program may not receive services under the program for a period exceeding 20 years after the date on which the individual first receives services under the program, except that the Secretary may designate a longer period if the Secretary determines that a longer period is appropriate with respect to the health of covered individuals. (3) The program may not establish a maximum enrollment number of fewer than 40,000 covered individuals. (f) Authority regarding treatment \nThe Secretary may, to the extent determined appropriate by the Secretary, authorize the program under subsection (a) to provide treatment services to covered individuals who have no other means of obtaining treatment. (g) Relation to certain program \nEffective on and after the date of the enactment of the Remember 9/11 Health Act, the two programs carried out pursuant to the appropriation of $90,000,000 made in Public Law 107–206 under the heading Public Health and Social Services Emergency Fund , which programs provide health services described in subsection (a) for the personnel described in subsection (b)(1), shall be considered to be carried out under authority of this section and shall be subject to the requirements of this section, except for any period of transition determined appropriate by the Secretary, not to exceed one year after such date of enactment.. (b) Programs regarding attack at Pentagon \nThe Secretary of Health and Human Services may, to the extent determined appropriate by the Secretary, establish with respect to the terrorist attack at the Pentagon on September 11, 2001, programs similar to the programs that are established in sections 317T and 409J of the Public Health Service Act with respect to the terrorist attacks on such date in New York City, in the State of New York.", "id": "HB220D4A69E96485891E9BCF9AD59E3CD", "header": "Certain health services for individuals assisting with response to September 11 terrorist attacks in New York City" }, { "text": "317T. Certain health services for individuals assisting with response to September 11 terrorist attacks in New York City \n(a) In general \nFrom the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements for the purpose of carrying out baseline and follow-up screening and clinical examinations, and long-term health monitoring and analysis, for covered individuals who meet the eligibility criteria under subsection (d). (b) Covered individuals \nFor purposes of this section, the term covered individuals means— (1) emergency service personnel and rescue and recovery personnel who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York, any time during the period of September 11, 2001, through August 31, 2002; (2) any other worker or volunteer who responded to such attacks, including— (A) a police officer; (B) a firefighter; (C) an emergency medical technician; (D) a transit worker; (E) any participating member of an urban search and rescue team; (F) Federal and State employees; (G) a person who worked to recover human remains; (H) a person who worked on the criminal investigation; and (I) any other relief or rescue worker or volunteer whom the Secretary determines to be appropriate; (3) a worker who responded to such attacks by assisting in the cleanup or restoration of critical infrastructure in and around; (4) a person whose place of residence is in the declared disaster area; (5) a person who is employed in or attends school, child care, or adult day care in a building located in the declared disaster area; and (6) any other person whom the Secretary determines to be appropriate. (c) Award recipient \n(1) In general \nSubject to the submission of an application satisfactory to the Secretary, awards under subsection (a) shall be made only to— (A) the consortium of medical entities that, pursuant to the program referred to in subsection (g), provided health services described in subsection (a) during fiscal year 2003 for the personnel described in subsection (b)(1), subject to the consortium meeting the criteria established in paragraph (2); and (B) the separate program carried out by the New York City Fire Department. (2) Criteria \nFor purposes of paragraph (1)(A), the criteria described in this paragraph for the consortium referred to in such paragraph are that the consortium has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in— (A) developing clinical protocols and conducting clinical health examinations, including mental health assessments; (B) conducting long-term health monitoring and epidemiological studies; (C) conducting long-term mental health studies; and (D) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. (d) Eligibility of covered individuals \nThe Secretary shall determine eligibility criteria for covered individuals to receive health services under subsection (a). Such criteria shall include the requirement that a covered individual may not receive services through the program under such section unless the individual enrolls in the program. (e) Certain program requirements \nWith respect to the program under subsection (a), the Secretary shall provide for the following: (1) Awards under subsection (a) shall designate an amount to be available only for covered individuals who— (A) are active or retired firefighters of New York City; and (B) in responding to the terrorist attacks of September 11, 2001, provided services in the immediate vicinity of the World Trade Center. (2) A covered individual enrolled in the program may not receive services under the program for a period exceeding 20 years after the date on which the individual first receives services under the program, except that the Secretary may designate a longer period if the Secretary determines that a longer period is appropriate with respect to the health of covered individuals. (3) The program may not establish a maximum enrollment number of fewer than 40,000 covered individuals. (f) Authority regarding treatment \nThe Secretary may, to the extent determined appropriate by the Secretary, authorize the program under subsection (a) to provide treatment services to covered individuals who have no other means of obtaining treatment. (g) Relation to certain program \nEffective on and after the date of the enactment of the Remember 9/11 Health Act, the two programs carried out pursuant to the appropriation of $90,000,000 made in Public Law 107–206 under the heading Public Health and Social Services Emergency Fund , which programs provide health services described in subsection (a) for the personnel described in subsection (b)(1), shall be considered to be carried out under authority of this section and shall be subject to the requirements of this section, except for any period of transition determined appropriate by the Secretary, not to exceed one year after such date of enactment.", "id": "HEE24592EED9B4F2980494BCAC793B372", "header": "Certain health services for individuals assisting with response to September 11 terrorist attacks in New York City" }, { "text": "4. Research regarding certain health conditions \nPart B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by inserting after section 409I the following section: 409J. Research regarding certain health conditions of individuals assisting with response to September 11 terrorist attacks in New York City \n(a) In general \nWith respect to covered individuals as defined in section 317T, the Director of NIH shall conduct or support— (1) diagnostic research on qualifying health conditions of such individuals, in the case of conditions for which there has been diagnostic uncertainty; and (2) research on treating qualifying health conditions of such individuals, in the case of conditions for which there has been treatment uncertainty. (b) Qualifying health conditions \nFor purposes of this section, the term qualifying health conditions means adverse health conditions that are considered by the Secretary to be associated with exposure to one or more of the sites of the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York. (c) Consultation with certain medical consortium \nThe Secretary shall carry out this section in consultation with— (1) the consortium of medicine entities referred to in section 317T(c)(1); and (2) the firefighters department of New York City, and the union for the firefighters of such department. (d) Annual report \nThe Director of NIH shall annually submit to the Congress a report describing the findings of research under subsection (a). (e) Funding \nAmounts in the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986 are available to the Director of NIH for the purpose of research under this section..", "id": "H6CF6D0C10F564715ACAD6E3B007B778", "header": "Research regarding certain health conditions" }, { "text": "409J. Research regarding certain health conditions of individuals assisting with response to September 11 terrorist attacks in New York City \n(a) In general \nWith respect to covered individuals as defined in section 317T, the Director of NIH shall conduct or support— (1) diagnostic research on qualifying health conditions of such individuals, in the case of conditions for which there has been diagnostic uncertainty; and (2) research on treating qualifying health conditions of such individuals, in the case of conditions for which there has been treatment uncertainty. (b) Qualifying health conditions \nFor purposes of this section, the term qualifying health conditions means adverse health conditions that are considered by the Secretary to be associated with exposure to one or more of the sites of the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York. (c) Consultation with certain medical consortium \nThe Secretary shall carry out this section in consultation with— (1) the consortium of medicine entities referred to in section 317T(c)(1); and (2) the firefighters department of New York City, and the union for the firefighters of such department. (d) Annual report \nThe Director of NIH shall annually submit to the Congress a report describing the findings of research under subsection (a). (e) Funding \nAmounts in the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986 are available to the Director of NIH for the purpose of research under this section.", "id": "H05C1D68F572447F2A07699C709619C96", "header": "Research regarding certain health conditions of individuals assisting with response to September 11 terrorist attacks in New York City" } ]