113 HR 3909 IH: Postmark Payment Act of 2014
U.S. House of Representatives
2014-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS2d SessionH. R. 3909IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2014Mr. Cohen introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo amend title 39, United States Code, to provide that the payment of a bill, invoice, or statement of account due, if made by mail, shall be considered to have been made on the date as of which the envelope which is used to transmit such payment is postmarked.1.Short titleThis Act may be cited as the Postmark Payment Act of 2014.2.Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due(a)In generalChapter 26 of title 39, United States Code, is amended by adding at the end the following:2606.Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due(a)If any payment required to be made on or before a prescribed date is, after such date, delivered by the Postal Service to the payee, such payment shall be deemed received by the payee on the date of the United States postmark stamped on the envelope or other cover in which such payment is mailed.(b)Subsection (a) shall not apply with respect to any payment—(1)other than a payment on a bill, invoice, or statement of account due;(2)which is required, by law, regulation, or contract, to be delivered by any method other than by mail; or(3)which is subject to any other provision of Federal law specifying how a postmark date shall be used in determining the date on which such payment shall be deemed to have been delivered or made.(c)Subsection (a) shall apply only if—(1)the postmark date falls on or before the prescribed date for making the payment; and(2)the payment was, on or before such date, deposited in the mail in the United States in an envelope or under other appropriate cover, postage prepaid, properly addressed to the payee.(d)Subsection (a) shall not apply in the case of a postmark not made by the Postal Service.(e)For purposes of this section—(1)the term payee, as used with respect to a payment, includes any person duly authorized to receive such payment; and(2)the term United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.(f)Regulations to carry out this section may be prescribed by the Postal Service..(b)Conforming amendmentThe table of sections for chapter 26 of title 39, United States Code, is amended by adding at the end the following:2606. Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due..3.Effective dateThe amendments made by this Act shall apply with respect to any mailing postmarked after the end of the 3-month period beginning on the date of enactment of this Act.


109 HR 5817 IH: Bainbridge Island Japanese American

U.S. House of Representatives
2006-07-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5817
		IN THE HOUSE OF REPRESENTATIVES

			July 17, 2006
			Mr. Inslee (for
			 himself and Mr. Simpson) introduced
			 the following bill; which was referred to the
			 Committee on
			 Resources

		A BILL
		To adjust the boundary of the Minidoka Internment
		  National Monument to include the Nidoto Nai Yoni Memorial in Bainbridge Island,
		  Washington, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Bainbridge Island Japanese American
			 Monument Act of 2006.
		2.Boundary
			 adjustment
			(a)In
			 generalThe boundary of the Minidoka Internment National
			 Monument, located in the State of Idaho and established by Presidential
			 Proclamation 7395 of January 17, 2001, is adjusted to include the Nidoto Nai
			 Yoni (Let it not happen again) memorial. That memorial—
				(1)commemorates the
			 Japanese Americans of Bainbridge Island, Washington, who were the first to be
			 forcibly removed from their homes and relocated to internment camps during
			 World War II under Executive Order 9066: and
				(2)consists of
			 approximately 8 acres of land in the City of Bainbridge Island, Washington, as
			 depected on the map titled _______, numbered ________, and dated
			 ________.
				(b)MapThe
			 map referred to in subsection (a) shall be kept on file and made available for
			 public inspection in the appropriate offices of the National Parks
			 Service.
			3.Administration of
			 Monument
			(a)AdministrationThe
			 Secretary of the Interior (hereinafter in this section referred to as the
			 Secretary) shall administer the Nidoto Nai Yoni Memorial as part
			 of Minidoka Internment National Monument in accordance with—
				(1)Presidential
			 Proclamation 7395 of January 17, 2001;
				(2)laws and
			 regulations generally applicable to units of the National Park System,
			 including the Act of August 25, 1916 (commonly referred to as the
			 National Parks Service Organic Act, 16 USC 1 et seq); and
				(3)any agreements
			 entered into pursuant to subsection (b).
				(b)AgreementsFor
			 the purposes of developing, interpreting, operating , and maintaining the
			 Nidoto Nai Yoni Memorial in partnership with other public and private entities,
			 the Secretary is authorized to enter into agreements with—
				(1)the City of
			 Bainbridge Island;
				(2)the Bainbridge
			 Island Metropolitan Park Camp Recreational District;
				(3)The Bainbridge
			 Island Japanese American Community Memorial Committee;
				(4)the Bainbridge
			 Island Historical Society;
				(5)successor entities
			 to the entities named in paragraphs (1) through (4); and
				(6)other appropriate
			 individuals or entities, at the discretion of the Secretary.
				(c)Coordination of
			 interpretive and educational materials and programsThe Secretary
			 shall coordinate the development of interpretive and educational materials and
			 programs for the Nidoto Nai Yoni Memorial and the Minidoka Internment National
			 Monument with the Manzanar National Historic Site in the State of
			 California.


113 S2043 IS: Stop IRS Overreach Act
U.S. Senate
2014-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2043
		IN THE SENATE OF THE UNITED STATES

			February 26, 2014
			Mrs. Fischer (for herself, Mr. Inhofe, and Mr. Johanns) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To prohibit the Internal Revenue Service from asking taxpayers questions regarding religious,
			 political, or social beliefs.

			1.
			Short title
			This Act may be cited as the
			 Stop IRS Overreach Act.

			2.
			Prohibition on
			 questions regarding religious, political, or social beliefs

				(a)
				In
			 general
				The Internal Revenue
			 Service shall not ask any taxpayer any question regarding religious,
			 political,
			 or social beliefs.

				(b)
				Sense of
			 Congress regarding exceptions
				It is the sense of Congress that—

					(1)
					any exceptions to subsection (a) which are provided by later enacted provisions
			 of law should identify the specific questions which are authorized, the
			 class
			 of taxpayers to which such questions are authorized to be asked, and the
			 circumstances under which such questions are authorized to be asked, and

					(2)
					if the
			 Commissioner of the Internal Revenue Service determines that asking any
			 class
			 of taxpayers a question prohibited under subsection (a) would aid in the
			 efficient administration of the tax laws, such Commissioner should submit
			 a
			 report to Congress which—

						(A)
						includes such
			 question in the verbatim form in which it is to be asked,

						(B)
						describes the
			 class of taxpayers to whom the question is to be asked, and

						(C)
						describes the
			 circumstances that would be required to exist before the question would be
			 asked.


		I
		111th CONGRESS
		1st Session
		H. R. 3552
		IN THE HOUSE OF REPRESENTATIVES

			September 10, 2009
			Mr. Holt introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration

		A BILL
		To amend the Help America Vote Act of 2002 to clarify the
		  treatment of provisional ballots cast in elections for Federal office, and for
		  other purposes.

		1.Short TitleThis Act may be cited as the
			 Provisional Ballot Fairness in Counting Act of
			 2009.
		2.Uniform Standard
			 For Treatment of Provisional Ballots Cast at Incorrect Polling
			 PlacesSection 302(a)(4) of
			 the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended to read as
			 follows:

				(4)The provisional
				ballot of an individual who is a registered voter in a jurisdiction in a State
				and who is eligible to vote in an election for Federal office in the State
				shall be counted as a vote in such an election if the appropriate State or
				local election official to whom the ballot or voter information is transmitted
				under paragraph (3)—
					(A)in the case of an
				election for electors for President or for the office of a Senator, determines
				that the individual is registered to vote in the State in which the provisional
				ballot is cast; and
					(B)in the case of an
				election for the office of a Member of the House of Representatives (including
				a Delegate or Resident Commissioner to the Congress), determines that the
				individual is registered to vote in the Congressional district in which the
				provisional ballot is
				cast.
					.
		3.Minimum Contents of
			 Provisional BallotsSection
			 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is
			 amended by adding at the end the following new sentence: The provisional
			 ballot shall include (at a minimum) all information required for the individual
			 to cast a vote in each election for Federal office held at the polling
			 place..
		4.Treatment of
			 Voters Who Vote After Closing of Polling PlacesSection 302(c) of the Help America Vote Act
			 of 2002 (42 U.S.C. 15482(c)) is amended to read as follows:

				(c)Equal Treatment
				of Voters Who Vote After the Polls CloseAny individual who votes
				in an election for Federal office as a result of a Federal or State court order
				or any other order extending the time established for closing the polls by a
				State law in effect 10 days before the date of that election shall cast the
				individual’s ballot for the election in the same manner, and under the same
				terms and conditions, as any individual who votes in the election during the
				regular hours for the operation of polling places in the State, including the
				terms and conditions applicable to individuals permitted to cast provisional
				ballots under this
				section.
				.
		5.Treatment of
			 Ballots After Casting
			(a)Responsibility
			 of Election Official To Notify Individual of Determination of Eligibility of
			 Ballot
				(1)In
			 generalSection 302(a)(5) of the Help America Vote Act of 2002
			 (42 U.S.C. 15482(a)(5)) is amended to read as follows:

						(5)(A)Not later than
				24 hours after determining whether or not the vote of an individual who casts a
				provisional ballot in an election will be counted in that election under this
				Act, the appropriate State or local election official shall notify the
				individual of the determination and (if the determination is made that the vote
				will not be counted) the reasons for the determination and the individual’s
				right to challenge the determination under the procedures established under
				subparagraph (B).
							(B)Each State shall establish procedures,
				including a free access system (such as a toll-free telephone number or an
				Internet website), under which an individual who casts a provisional ballot in
				an election and who is notified by the appropriate State or local election
				official that the provisional ballot cast by the individual will not be counted
				as a vote in the election may challenge the determination prior to the final
				tabulation of ballots in the election.
							(C)In carrying out subparagraph (B), each
				State shall ensure that, in each jurisdiction of the State, an appropriate
				State or local election official operates open office hours for at least 8
				hours on the day after the date of the election, during which a voter who cast
				a provisional ballot in the election may contact the official and challenge the
				determination under the procedures established under subparagraph
				(B).
							.
				(2)Conforming
			 AmendmentSection 302(a) of such Act (42 U.S.C. 15482(a)) is
			 amended in the matter following paragraph (5) by striking The
			 appropriate State or local official and all that follows through
			 paragraph (5)(B)..
				(b)Prohibiting
			 Initiation of Recount or Certification of Results Prior to Review of
			 Provisional Ballots Cast; Standards For Determination of Acceptance of
			 Provisional BallotsSection 302(a) of such Act (42 U.S.C.
			 15482(a)) is amended by inserting after paragraph (5) the following new
			 paragraphs:

					(6)The chief State
				election official may not make any determination regarding the applicability of
				any requirement under State law to conduct a recount of the results of any
				election for Federal office in the State, or certify the results of any
				election for Federal office in the State, until all of the votes cast by
				provisional ballot cast in the election which are to be counted pursuant to
				this Act have been counted.
					(7)In making a
				determination as to whether a vote cast by an individual by provisional ballot
				will be counted in an election, the chief State election official shall review
				not only the official Statewide list of registered voters but any other
				information which was submitted by the individual in the process of applying to
				register to
				vote.
					.
			(c)Treatment of
			 Rejected Provisional Ballot as Application For Voter
			 RegistrationSection 302(a) of such Act (42 U.S.C. 15482(a)), as
			 amended by subsection (b), is amended by inserting after paragraph (7) the
			 following new paragraph:

					(8)If a provisional
				ballot cast by an individual in an election for Federal office is rejected on
				the ground that the individual is not registered to vote in the election, the
				ballot shall be treated (for purposes of this Act, the National Voter
				Registration Act of 1993, and applicable State law) as an application by the
				individual for voter registration in the appropriate registrar’s jurisdiction
				with respect to the next election for Federal office held in the jurisdiction,
				under the same terms and conditions applicable to applications for voter
				registration under this Act, including section 303(b)(4) (relating to the
				treatment of incomplete forms).
					.
			6.Effective
			 DateSection 302(d) of the
			 Help America Vote Act of 2002 (42 U.S.C. 15482(d)) is amended to read as
			 follows:

				(d)Effective
				Date
					(1)In
				generalExcept as provided in paragraph (2), each State and
				jurisdiction shall be required to comply with the requirements of this section
				on and after January 1, 2004.
					(2)Delayed
				effective date for certain provisionsTo the extent that any provision of this
				section was amended by the Provisional Ballot Fairness in Counting Act of 2009,
				such provision shall apply with respect to the regularly scheduled general
				election for Federal office held in November 2010 and each succeeding election
				for Federal
				office.
					.


117 S1373 IS: Second Amendment Mandates Equality Act
U.S. Senate
2021-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 1373
IN THE SENATE OF THE UNITED STATES

April 27, 2021
Ms. Lummis (for herself, Mrs. Hyde-Smith, Mr. Daines, Mr. Cramer, Mr. Braun, Mr. Crapo, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL
To reduce, from 21 years of age to 18 years of age, the minimum age at which a person may obtain a handgun from a Federal firearms licensee.

1.Short titleThis Act may be cited as the Second Amendment Mandates Equality Act or the SAME Act. 2.Minimum age for obtaining a handgun from a Federal firearms licensee (a)In generalSection 922(b)(1) of title 18, United States Code, is amended by striking , and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age.
(b)Conforming amendmentSection 922(c)(1) of such title is amended by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle,.


117 S2684 IS: Consumer Financial Choice and Capital Markets Protection Act of 2021
U.S. Senate
2021-08-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2684IN THE SENATE OF THE UNITED STATESAugust 9, 2021Mr. Toomey (for himself, Mr. Menendez, Mr. Rounds, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo protect the investment choices of investors in the United States, and for other purposes.1.Short titleThis Act may be cited as the Consumer Financial Choice and Capital Markets Protection Act of 2021.2.Treatment of money market funds under the Investment Company Act of 1940The Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is amended by adding at the end the following:66.Money market funds(a)DefinitionsIn this section—(1)the term covered Federal assistance means Federal assistance used for the purpose of—(A)making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund;(B)guaranteeing any loan or debt issuance of any money market fund; or(C)entering into any assistance arrangement (including tax breaks), loss sharing, or profit sharing with any money market fund; and(2)the term Federal assistance means—(A)insurance or guarantees by the Federal Deposit Insurance Corporation;(B)transactions involving the Secretary of the Treasury; or(C)the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances.(b)Election To be a stable value money market fund(1)In generalNotwithstanding any other provision of this title, any open-end investment company (or a separate series thereof) that is a money market fund that relies on section 270.2a–7 of title 17, Code of Federal Regulations, may, in the prospectus included in its registration statement filed under section 8 state that the company or series has elected to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company or series by using the amortized cost method of valuation, or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if—(A)the objective or principal investment strategy of the company or series is not inconsistent with the generation of income and preservation of capital through investment in short-term, high-quality debt securities;(B)the board of directors of the company or series elects, on behalf of the company or series, to maintain a stable net asset value per share or stable price per share, by using the amortized cost valuation method, as defined in section 270.2a–7(a) of title 17, Code of Federal Regulations (or successor regulation), or the penny-rounding pricing method, as defined in section 270.2a–7(a) of title 17, Code of Federal Regulations (or successor regulation), and the board of directors of the company has determined, in good faith, that—(i)it is in the best interests of the company or series, and its shareholders, to do so; and(ii)the money market fund will continue to use such method or methods only as long as the board of directors believes that the resulting share price fairly reflects the market-based net asset value per share of the company or series; and(C)the company or series will comply with such quality, maturity, diversification, liquidity, and other requirements, including related procedural and recordkeeping requirements, as the Commission, by rule or regulation or order, may prescribe or has prescribed as necessary or appropriate in the public interest or for the protection of investors to the extent that such requirements and provisions are not inconsistent with this section.(2)Exemption from default liquidity fee requirementsNotwithstanding section 270.2a–7 of title 17, Code of Federal Regulations (or successor regulation), no company or series that makes the election under paragraph (1) shall be subject to the default liquidity fee requirements of section 270.2a–7(c)(2)(ii) of title 17, Code of Federal Regulations (or successor regulation).(c)Prohibition against Federal Government bailouts of money market fundsNotwithstanding any other provision of law (including regulations), covered Federal assistance may not be provided directly to any money market fund.(d)Disclosure of the prohibition against Federal Government bailouts of money market funds(1)In generalNo principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses the prohibition against direct covered Federal assistance as described in subsection (c).(2)Rules, regulations, and ordersThe Commission may, after consultation with and taking into account the views of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Department of the Treasury, adopt rules and regulations and issue orders consistent with the protection of investors, prescribing the manner in which the disclosure under this subsection shall be provided.(e)Continuing obligation To meet requirements of this titleA company or series that makes an election under subsection (b)(1) shall remain subject to the provisions of this title and the rules and regulations of the Commission thereunder that would otherwise apply if those provisions do not conflict with the provisions of this section..


		III
		111th CONGRESS
		2d Session
		S. RES. 657
		IN THE SENATE OF THE UNITED STATES

			September 28, 2010
			Mr. Reid (for himself,
			 Mr. Ensign, and Mrs. Feinstein) submitted the following resolution;
			 which was considered and agreed to

		RESOLUTION
		Celebrating the 75th anniversary of the
		  dedication of the Hoover Dam.

		Whereas the Hoover Dam, a concrete arch-gravity storage
			 dam, was built in the Black Canyon of the Colorado River between the States of
			 Nevada and Arizona, forever changing how water is managed across the
			 West;
		Whereas, on September 30, 1935, President Franklin D.
			 Roosevelt dedicated the Hoover Dam;
		Whereas the construction of the Hoover Dam created Lake
			 Mead, a reservoir that can store an amount of water that is equal to 2 years
			 average flow of the Colorado River;
		Whereas the construction of the Hoover Dam provided
			 vitally critical flood control, water supply, and electrical power and helped
			 to create and support the economic growth and development of the Southwestern
			 United States;
		Whereas the Hoover Dam has prevented an estimated
			 $50,000,000,000 in flood damages in the Lower Colorado River Basin;
		Whereas the Hoover Dam provides water for more than
			 18,000,000 people and 1,000,000 acres of farmland in the States of Arizona,
			 California, and Nevada and 500,000 acres of farmland in Mexico, as well as
			 produces an average of 4,000,000,000 kilowatt-hours of hydroelectric power each
			 year;
		Whereas the Hoover Dam, an engineering marvel at 726.4
			 feet from bedrock to crest, was the highest dam in the world at the time the
			 Hoover Dam was constructed;
		Whereas the Hoover Dam is an enduring symbol of the
			 ingenuity of the United States and the persistence of hardworking Americans
			 during the Great Depression;
		Whereas the Hoover Dam is the model for major water
			 management projects around the world; and
		Whereas the Hoover Dam is registered as a National
			 Historic Landmark on the National Register of Historic Places and is considered
			 1 of 7 modern engineering wonders by the American Society of Civil Engineers:
			 Now, therefore, be it

		That the Senate—
			(1)celebrates and acknowledges the thousands
			 of workers and families that overcame difficult working conditions and great
			 challenges to make construction of the Hoover Dam possible;
			(2)celebrates and
			 acknowledges the economic, cultural, and historic significance of the Hoover
			 Dam;
			(3)recognizes the
			 past, present, and future benefits of the construction of the Hoover Dam to the
			 agricultural, industrial, and urban development of the Southwestern United
			 States; and
			(4)joins the States
			 of Arizona, California, Nevada, and the people of the United States in
			 celebrating the 75th anniversary of the dedication of the Hoover Dam.


115 HR 2761 IH: Healthcare Opportunities for Patriots in Exile (HOPE) Act
U.S. House of Representatives
2017-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2761IN THE HOUSE OF REPRESENTATIVESMay 26, 2017Mr. Vargas (for himself, Mr. Serrano, Mrs. Napolitano, Mrs. Davis of California, Mr. McGovern, Mr. Gutiérrez, Ms. Jackson Lee, Ms. Moore, Mr. Correa, and Mr. Vela) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend section 212(d)(5) of the Immigration and Nationality Act to allow certain alien veterans
			 to be paroled into the United States to receive health care furnished by
			 the Secretary of Veterans Affairs.

 1.Short titleThis Act may be cited as the Healthcare Opportunities for Patriots in Exile (HOPE) Act. 2.Parole for certain veteransSection 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—
 (1)in subparagraph (A), by striking except as provided in subparagraph (B) or in section 214(f), and inserting except as provided in subparagraph (B) or (C) or in section 214(f),; (2)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and
 (3)by adding at the end the following:  (C) (i)The Secretary of Homeland Security may, in the discretion of the Secretary, parole into the United States temporarily under such conditions as the Secretary may prescribe only on a case-by-case basis any alien applying for admission to the United States who—
 (I)is a veteran (as defined in section 101(2) of title 38, United States Code); (II)seeks parole to receive health care furnished by the Secretary of Veterans Affairs under chapter 17 of title 38, United States Code; and
 (III)resides permanently abroad pursuant to having been ordered removed or voluntarily departed from the United States under section 240B.
 (ii)Parole of alien under clause (i) shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Secretary of Homeland Security, have been served the alien shall forthwith return or be returned to the custody from which the alien was paroled.
						(iii)
 (I)Parole under clause (i) shall not be available in the case of an alien who is inadmissible due to a criminal conviction for—
 (aa)a crime of violence; or (bb)a crime that endangers the national security of the United States for which the alien has served a term of imprisonment of at least 5 years.
 (II)For purposes of subclause (I), the term crime of violence means an offense defined in section 16 of title 18, United States Code, excluding a purely political offense, for which the alien has served a term of imprisonment of at least 5 years..


		II
		Calendar No. 576
		111th CONGRESS
		2d Session
		S. 3813
		IN THE SENATE OF THE UNITED STATES

			September 21, 2010
			Mr. Bingaman (for
			 himself, Mr. Brownback,
			 Mr. Dorgan, Ms.
			 Collins, Mr. Udall of New
			 Mexico, Mr. Ensign,
			 Mr. Udall of Colorado,
			 Ms. Cantwell, Mr. Johnson, Mrs.
			 Shaheen, Mr. Harkin,
			 Mr. Reid, Mr.
			 Bennet, Mrs. Murray,
			 Mr. Begich, Mr.
			 Franken, Mr. Burris,
			 Mr. Kaufman, Mrs. Feinstein, Mr.
			 Kerry, Mr. Durbin,
			 Mr. Cardin, Mr.
			 Grassley, and Ms. Stabenow)
			 introduced the following bill; which was read the first time

			September 22, 2010
			Read the second time and placed on the
			 calendar

		A BILL
		To amend the Public Utility Regulatory Policies Act of
		  1978 to establish a Federal renewable electricity standard, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Renewable Electricity Promotion
			 Act of 2010.
		2.Federal
			 renewable electricity standard
			(a)In
			 generalTitle VI of the
			 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is
			 amended by adding at the end the following:

					610.Federal renewable
				electricity standard
						(a)DefinitionsIn this section:
							(1)AffiliateThe
				term affiliate when used with respect to a person, means another
				person that directly or indirectly owns or controls, is owned or controlled by,
				or is under common ownership or control with, such person, as determined under
				regulations issued by the Secretary.
							(2)Base quantity
				of electricity
								(A)In
				generalThe term base
				quantity of electricity means the total quantity of electricity sold by
				an electric utility to electric consumers in a calendar year.
								(B)ExclusionsThe term base quantity of
				electricity does not include—
									(i)electricity generated by a hydroelectric
				facility (including a pumped storage facility but excluding qualified
				hydropower) owned by an electric utility or sold under contract or rate order
				to an electric utility to meet the needs of the retail customers of the
				utility;
									(ii)the quantity of
				electricity generated by a fossil-fuel facility that is equal to the proportion
				of greenhouse gases produced by such a unit that are captured and geologically
				sequestered; or
									(iii)(I)electricity generated
				by a nuclear generating unit placed in service after the date of enactment of
				this section; or
										(II)additional energy generated by an
				existing nuclear facility as a result of efficiency improvements or capacity
				additions made on or after the date of enactment of this section.
										(3)BiomassThe
				term biomass has the meaning given the term in section 203(b) of
				the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).
							(4)Distributed
				generation facilityThe term
				distributed generation facility means a facility at or near a
				customer site that provides electric energy to 1 or more customers for purposes
				other than resale other than to a utility through a net metering
				arrangement.
							(5)Geothermal
				energyThe term
				geothermal energy means energy derived from a geothermal deposit
				(within the meaning of section 613(e)(2) of the Internal Revenue Code of
				1986).
							(6)Incremental
				cost of compliance
								(A)In general
				The term incremental cost of compliance
				means—
									(i)the costs
				attributable to all retail sales of electricity incurred in a year by an
				electric utility to—
										(I)generate
				renewable energy eligible for Federal renewable energy credits;
										(II)acquire Federal
				renewable energy credits; or
										(III)make
				alternative compliance payments in order to comply with the requirements of
				subsection (b); less
										(ii)(I)the costs the electric
				utility would have incurred to serve all of the retail customers of that
				electric utility in that year to generate or acquire additional electricity not
				eligible for renewable energy credits if the requirements of subsection (b) did
				not apply to the electric utility; and
										(II)the costs of compliance with any
				comparable State renewable requirement.
										(B)Cost of electricityIn calculating the incremental cost of
				compliance of an electric utility under this section, the Secretary shall take
				into account the reduction, if any, on the cost of electricity generated with
				fossil fuels associated with increased reliance on renewable electric energy
				generation.
								(7)Incremental
				geothermal production
								(A)In
				generalThe term
				incremental geothermal production means, for any year, the excess
				of—
									(i)the total kilowatt hours of electricity
				produced from a facility (including a distributed generation facility) using
				geothermal energy; over
									(ii)the average number of kilowatt hours
				produced annually at the facility for 5 of the previous 7 calendar years before
				the date of enactment of this section after eliminating the highest and the
				lowest kilowatt hour production years in that 7-year period.
									(B)Special
				ruleA facility described in
				subparagraph (A) that was placed in service at least 7 years before the date of
				enactment of this section shall, commencing with the year in which that date of
				enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each
				year, on a cumulative basis, by the average percentage decrease in the annual
				kilowatt hour production for the 7-year period described in subparagraph
				(A)(ii) with such cumulative sum, but not to exceed 30 percent.
								(8)Incremental
				hydropower
								(A)In
				generalThe term
				incremental hydropower means additional energy generated as a
				result of efficiency improvements or capacity additions made on or after
				January 1, 1992.
								(B)ExclusionThe term incremental
				hydropower does not include additional energy generated as a result of
				operational changes not directly associated with efficiency improvements or
				capacity additions.
								(C)Measurement and
				certificationEfficiency
				improvements and capacity additions referred to in subparagraph (A) shall
				be—
									(i)measured on the basis of the same water
				flow information used to determine a historic average annual generation
				baseline for the hydroelectric facility; and
									(ii)certified by the Secretary or the Federal
				Energy Regulatory Commission.
									(9)Indian
				landThe term Indian land has the meaning given the
				term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
							(10)Qualified
				hydropower
								(A)In
				generalThe term qualified hydropower means—
									(i)incremental
				hydropower;
									(ii)additions of
				capacity made on or after January 1, 2001, or the effective commencement date
				of an existing applicable State renewable electricity standard program at an
				existing nonhydroelectric dam, if—
										(I)the hydroelectric
				project installed on the nonhydroelectric dam—
											(aa)is
				licensed by the Federal Energy Regulatory Commission, or is exempt from
				licensing, and is in compliance with the terms and conditions of the license or
				exemption; and
											(bb)meets all other
				applicable environmental, licensing, and regulatory requirements, including
				applicable fish passage requirements;
											(II)the
				nonhydroelectric dam—
											(aa)was placed in
				service before the date of enactment of this section;
											(bb)was operated for
				flood control, navigation, or water supply purposes; and
											(cc)did not produce
				hydroelectric power as of the date of enactment of this section; and
											(III)the
				hydroelectric project is operated so that the water surface elevation at any
				given location and time that would have occurred in the absence of the
				hydroelectric project is maintained, subject to any license requirements
				imposed under applicable law that change the water surface elevation for the
				purpose of improving the environmental quality of the affected waterway, as
				certified by the Federal Energy Regulatory Commission; and
										(iii)in the case of
				the State of Alaska—
										(I)energy generated
				by a small hydroelectric facility that produces less than 50 megawatts;
										(II)energy from
				pumped storage; and
										(III)energy from a
				lake tap.
										(B)StandardsNothing
				in this paragraph or the application of this paragraph shall affect the
				standards under which the Federal Energy Regulatory Commission issues licenses
				for and regulates hydropower projects under part I of the Federal Power Act (16
				U.S.C. 791a et seq.).
								(11)Qualified
				waste-to-energyThe term qualified waste-to-energy
				means energy from the combustion of post-recycled municipal solid waste, or
				from the gasification or pyrolization of such waste and the combustion of the
				resulting gas at the same facility, if the owner or operator of the facility
				generating electricity from the energy provides to the Commission, on an annual
				basis—
								(A)a certification
				that the facility is in compliance with all applicable Federal and State
				environmental permits;
								(B)in the case of a
				facility that commences operation before the date of enactment of this section,
				a certification that the facility meets emissions standards promulgated under
				section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) that apply as of
				the date of enactment of this section to new facilities within the relevant
				source category; and
								(C)in the case of
				the combustion, pyrolization, or gasification of municipal solid waste, a
				certification that each local government unit from which such waste originates
				operates, participates in the operation of, contracts for, or otherwise
				provides for, recycling services for residents of the local government
				unit.
								(12)Renewable
				energyThe term
				renewable energy means electric energy generated at a facility
				(including a distributed generation facility) from—
								(A)solar, wind, or geothermal energy or ocean
				energy;
								(B)biomass;
								(C)landfill gas;
								(D)qualified
				hydropower;
								(E)marine and
				hydrokinetic renewable energy (as defined in section 632 of the Energy
				Independence and Security Act of 2007 (42 U.S.C. 17211));
								(F)incremental geothermal production;
								(G)coal-mined
				methane;
								(H)qualified
				waste-to-energy; or
								(I)another renewable
				energy source based on innovative technology, as determined by the Secretary
				through rulemaking.
								(b)Renewable
				energy and energy efficiency requirement
							(1)Requirement
								(A)In
				generalSubject to
				subparagraph (B), each electric utility that sells electricity to electric
				consumers for a purpose other than resale shall obtain a percentage of the base
				quantity of electricity the electric utility sells to electric consumers in any
				calendar year from renewable energy or energy efficiency.
								(B)PercentageExcept as provided in section 611, the
				percentage obtained in a calendar year under subparagraph (A) shall not be less
				than the amount specified in the following table:

												Calendar year:Minimum annual percentage:

												2012 through 20133.0

												2014 through 20166.0

												2017 through 20189.0

												2019 through 202012.0

												2021 through 203915.0

								(2)Means of
				complianceAn electric
				utility shall meet the requirements of paragraph (1) by—
								(A)submitting to the Secretary renewable
				energy credits issued under subsection (c);
								(B)submitting
				Federal energy efficiency credits issued under subsection (i), except that
				those credits may not be used to meet more than 26.67 percent of the
				requirements under paragraph (1) in any calendar year;
								(C)making alternative compliance payments to
				the Secretary at the rate of 2.1 cents per kilowatt hour (as adjusted for
				inflation under subsection (g)) if the electric utility does not elect to
				petition the Secretary to waive the requirements under subsection (d)(3)(C);
				or
								(D)a combination of activities described in
				subparagraphs (A), (B), and (C).
								(3)Phase-inThe
				Secretary shall prescribe, by regulation, a reasonable phase-in of the
				requirements of paragraph (1) as the requirements apply to an electric utility
				that becomes subject to this section on or after January 1, 2013.
							(c)Federal
				renewable energy and energy efficiency credit trading programs
							(1)In
				generalNot later than
				January 1, 2012, the Secretary shall establish a Federal renewable energy
				credit trading program, and a Federal energy efficiency credit trading program,
				under which electric utilities shall submit to the Secretary Federal renewable
				energy credits and Federal energy efficiency credits to certify the compliance
				of the electric utilities with subsection (b)(1).
							(2)AdministrationAs part of the program, the Secretary
				shall—
								(A)issue renewable energy credits to
				generators of electric energy from renewable energy, regardless of whether the
				energy is transmitted over the national interstate transmission system;
								(B)to the extent
				that renewable sources of electricity are used in combination with other
				sources of energy, issue credits only to the extent that the electricity
				generated is from renewable resources;
								(C)issue renewable
				energy credits to electric utilities associated with State renewable
				electricity standard compliance mechanisms pursuant to subsection (h);
								(D)issue energy
				efficiency credits pursuant to subsection (i);
								(E)subject to subparagraph (F), ensure that a
				kilowatt hour, including the associated renewable energy credit or energy
				efficiency credit, shall be used only once for purposes of compliance with this
				Act;
								(F)allow double credits for generation from
				facilities on Indian land, and triple credits for generation from small
				renewable distributed generators (meaning those no larger than 1 megawatt),
				except that no distributed renewable generation facilities on Indian land shall
				receive a greater number of credits than triple credits;
								(G)allow triple
				credits for generation of energy from algae;
								(H)ensure that, with
				respect to a purchaser that, as of the date of enactment of this section, has a
				purchase agreement from a renewable energy facility placed in service before
				that date, the credit associated with the generation of renewable energy under
				the contract is issued to the purchaser of the electric energy to the extent
				that the contract does not already provide for the allocation of the Federal
				credit; and
								(I)issue tradeable
				renewable energy credits for the useful electric and thermal output from a
				facility that produces the output from biomass, using a system under
				which—
									(i)in the case of
				efficiency that is less than 50 percent, 1 renewable energy credit is
				awarded;
									(ii)in the case of
				efficiency that is 50 percent or more but less than 70 percent, 1.1 renewable
				energy credits are awarded for the same unit output;
									(iii)in the case of
				efficiency that is 70 percent or more but less than 90 percent, 1.25 renewable
				energy credits are awarded for the same unit output; and
									(iv)in the case of
				efficiency that is 90 percent or more, 1.5 renewable energy credits are awarded
				for the same unit output.
									(3)DurationA credit described in subparagraph (A),
				(B), (C), or (D) of paragraph (2) may only be used for compliance with this
				section during the 3-year period beginning on the date of issuance of the
				credit.
							(4)TransfersAn electric utility that holds credits in
				excess of the quantity of credits needed to comply with subsection (b) may
				transfer the credits to another electric utility in the same utility holding
				company system.
							(5)Delegation of
				market function
								(A)In
				generalThe Secretary may delegate to—
									(i)an appropriate
				market-making entity the administration of a national renewable energy credit
				market and a national energy efficiency credit market for purposes of creating
				a transparent national market for the sale or trade of renewable energy credits
				and energy efficiency credits; and
									(ii)regional
				entities the tracking of dispatch of renewable generation.
									(B)AdministrationAny
				delegation under subparagraph (A) shall ensure that the tracking and reporting
				of information concerning the dispatch of renewable generation is transparent,
				verifiable, and independent of any generation or load interests with
				obligations under this section. .
								(d)Enforcement
							(1)Civil
				penaltiesAny electric
				utility that fails to meet the requirements of subsection (b) shall be subject
				to a civil penalty.
							(2)Amount of
				penaltyThe amount of the
				civil penalty shall be equal to the product obtained by multiplying—
								(A)the number of kilowatt-hours of electric
				energy sold to electric consumers in violation of subsection (b); by
								(B)200 percent of the value of the alternative
				compliance payment, as adjusted for inflation under subsection (g).
								(3)Mitigation or
				waiver
								(A)Penalty
									(i)In
				generalThe Secretary may mitigate or waive a civil penalty under
				this subsection if the electric utility is unable to comply with subsection (b)
				due to a reason outside of the reasonable control of the electric
				utility.
									(ii)AmountThe
				Secretary shall reduce the amount of any penalty determined under paragraph (2)
				by the amount paid by the electric utility to a State for failure to comply
				with the requirement of a State renewable energy program if the State
				requirement is greater than the applicable requirement of subsection
				(b).
									(B)RequirementThe
				Secretary may waive the requirements of subsection (b) for a period of up to 5
				years with respect to an electric utility if the Secretary determines that the
				electric utility cannot meet the requirements due to a hurricane, tornado,
				fire, flood, earthquake, ice storm, or other natural disaster or act of God
				beyond the reasonable control of the utility.
								(C)Ratepayer
				protectionEffective beginning June 1, 2010, and not later than
				June 1 of each year thereafter, an electric utility may petition the Secretary
				to waive, for the following compliance year, all or part of the requirements of
				subsection (b) in order to limit the rate impact of the incremental cost of
				compliance of the electric utility to not more than 4 percent per retail
				customer in any year.
								(D)VarianceA
				State public utility commission or electric utility may submit an application
				to the Secretary that requests a variance from the requirements of subsection
				(b) for 1 or more calendar years (including suspension or reduction of the
				requirements) on the basis of transmission constraints preventing delivery of
				service.
								(4)Procedure for
				assessing penaltyThe
				Secretary shall assess a civil penalty under this subsection in accordance with
				the procedures prescribed by section 333(d) of the Energy Policy and
				Conservation Act (42 U.S.C. 6303(d)).
							(e)Alternative
				compliance payments
							(1)In
				generalAn electric utility may satisfy the requirements of
				subsection (b), in whole or in part, by submitting in accordance with this
				subsection, in lieu of each Federal renewable electricity credit or megawatt
				hour of demonstrated total annual electricity savings that would otherwise be
				due, a payment equal to the amount required under subsection (b) in accordance
				with such regulations as the Secretary may promulgate.
							(2)Payment to
				State fundsAn amount equal to 75 percent of the payments made
				under this subsection shall be made directly to the State in which the electric
				utility is located, if the payments are deposited directly into a fund within
				the treasury of the State for use in accordance with paragraph (3).
							(3)Use of
				grantsThe Governor of any State may expend amounts in a State
				renewable energy escrow account solely for purposes of—
								(A)increasing the
				quantity of electric energy produced from a renewable energy source in the
				State, including nuclear and advanced coal technologies for carbon capture and
				sequestration;
								(B)promoting the
				deployment and use of electric drive vehicles in the State, including the
				development of electric drive vehicles and batteries; and
								(C)offsetting the
				costs of carrying out this section paid by electric consumers in the State
				through—
									(i)direct grants to
				electric consumers; or
									(ii)energy
				efficiency investments.
									(4)Information and
				reportsAs a condition of providing payments to a State under
				this subsection, the Secretary may require the Governor to keep such accounts
				or records, and furnish such information and reports, as the Secretary
				determines are necessary and appropriate for determining compliance with this
				subsection.
							(f)ExemptionsDuring any calendar year, this section
				shall not apply to an electric utility—
							(1)that sold less than 4,000,000
				megawatt-hours of electric energy to electric consumers during the preceding
				calendar year, except that sales to an affiliate, lessee, or tenant of the
				electric utility shall not be treated as sales to electric consumers under this
				paragraph; or
							(2)in Hawaii.
							(g)Inflation
				adjustmentNot later than
				December 31 of each year beginning in 2013, the Secretary shall adjust for
				inflation the rate of the alternative compliance payment under subsection
				(b)(2)(C).
						(h)State
				programs
							(1)In
				generalSubject to paragraph
				(2), nothing in this section diminishes any authority of a State or political
				subdivision of a State to adopt or enforce any law or regulation respecting
				renewable energy or energy efficiency, or the regulation of electric
				utilities,.
							(2)ComplianceExcept as provided in subsection (d)(3), no
				such law or regulation shall relieve any person of any requirement otherwise
				applicable under this section.
							(3)CoordinationThe Secretary, in consultation with States
				having such renewable energy and energy efficiency programs, shall, to the
				maximum extent practicable, facilitate coordination between the Federal program
				and State programs.
							(4)Regulations
								(A)In
				generalThe Secretary, in consultation with States, shall
				promulgate regulations to ensure that an electric utility that is subject to
				the requirements of this section and is subject to a State renewable energy
				standard receives renewable energy credits if—
									(i)the electric
				utility complies with the State standard by generating or purchasing renewable
				electric energy or renewable energy certificates or credits representing
				renewable electric energy; or
									(ii)the State
				imposes or allows other mechanisms for achieving the State standard, including
				the payment of taxes, fees, surcharges, or other financial obligations.
									(B)Amount of
				creditsThe amount of credits received by an electric utility
				under this subsection shall equal—
									(i)in the case of
				subparagraph (A)(i), the quantity of renewable energy resulting from the
				generation or purchase by the electric utility of renewable energy; and
									(ii)in the case of
				subparagraph (A)(ii), the pro rata share of the electric utility, based on the
				contributions to the mechanism made by the electric utility or customers of the
				electric utility, in the State, of the quantity of renewable energy resulting
				from those mechanisms.
									(C)Prohibition on
				double countingThe regulations promulgated under this paragraph
				shall ensure that a kilowatt-hour associated with a renewable energy credit
				issued pursuant to this subsection shall not be used for compliance with this
				section more than once.
								(i)Energy
				efficiency credits
							(1)DefinitionsIn
				this subsection:
								(A)Customer
				facility savingsThe term customer facility savings
				means a reduction in the consumption of end-use electricity at a facility of an
				end-use consumer of electricity served by an electric utility, as compared
				to—
									(i)consumption at
				the facility during a base year, taking into account reductions attributable to
				causes other than energy efficiency investments (such as economic downturns,
				reductions in customer base, favorable weather conditions, or other such
				causes); or
									(ii)in the case of
				new equipment (regardless of whether the new equipment replaces existing
				equipment at the end of the useful life of the existing equipment), consumption
				by similar equipment of average efficiency available for purchase at the time
				that new equipment is acquired.
									(B)Electricity
				savingsThe term electricity savings means—
									(i)customer facility
				savings of electricity consumption adjusted to reflect any associated increase
				in fuel consumption at the facility;
									(ii)reductions in
				distribution system losses of electricity achieved by a retail electricity
				distributor, as compared to losses attributable to new or replacement
				distribution system equipment of average efficiency (as defined by the
				Secretary by regulation); and
									(iii)the output of
				new combined heat and power systems, to the extent provided under paragraph
				(5).
									(C)Qualified
				electricity savingsThe term qualified electricity
				savings means electricity saving that meet the measurement and
				verification requirements of paragraph (4).
								(2)PetitionOn
				petition by the Governor of a State or, in the case of the power service area
				of the Tennessee Valley Authority, the Board of Directors of the Tennessee
				Valley Authority, the Secretary shall allow up to 26.67 percent of the
				requirements of an electric utility under subsection (b)(1) associated with the
				sales of electricity of the utility in the State to be met by submitting
				Federal energy efficiency credits issued pursuant to this subsection.
							(3)Issuance of
				energy efficiency credits
								(A)In
				generalThe Secretary shall issue energy efficiency credits for
				qualified electricity savings achieved in States described in paragraph (2) in
				accordance with this subsection.
								(B)Qualified
				electricity savingsSubject to subparagraph (C), in accordance
				with regulations promulgated by the Secretary, the Secretary shall issue
				credits for—
									(i)qualified
				electricity savings achieved by an electric utility on or after the date of
				enactment of this section; and
									(ii)qualified
				electricity savings achieved by other entities (including State agencies) on or
				after the date of enactment of this section if—
										(I)the measures used
				to achieve the qualified electricity savings were installed or placed in
				operation by the entity seeking the credit; and
										(II)an electric
				utility eligible to receive efficiency did not pay a substantial portion of the
				cost of achieving the qualified electricity savings (unless the utility has
				waived any entitlement to the credit).
										(C)StandardsNo
				credits shall be issued for electricity savings achieved as a result of
				compliance with a national, State, or local building, equipment, or appliance
				efficiency standard.
								(4)Measurement and
				verification of electricity savingsNot later than January 2010,
				the Secretary shall promulgate regulations regarding the measurement and
				verification of electricity savings under this subsection, including
				regulations covering—
								(A)procedures and
				standards for defining and measuring electricity savings that will be eligible
				to receive credits under paragraph (3), which shall—
									(i)specify the types
				of energy efficiency and energy conservation that will be eligible for the
				credits;
									(ii)require that
				energy consumption for customer facilities or portions of facilities in the
				applicable base and current years be adjusted, as appropriate, to account for
				changes in weather, level of production, and building area;
									(iii)account for the
				useful life of electricity savings measures;
									(iv)include
				specified electricity savings values for specific, commonly-used efficiency
				measures; and
									(v)exclude
				electricity savings that—
										(I)are not properly
				attributable to measures carried out by the entity seeking the credit;
										(II)have already
				been credited under this section to another entity; or
										(III)do not result
				from actions not intended to achieve electricity savings;
										(B)procedures and
				standards for third-party verification of reported electricity savings;
				and
								(C)such requirements
				for information, reports, and access to facilities as may be necessary to carry
				out this subsection.
								(5)Combined heat
				and powerUnder regulations promulgated by the Secretary, the
				increment of electricity output of a new combined heat and power system that is
				attributable to the higher efficiency of the combined system (as compared to
				the efficiency of separate production of the electric and thermal outputs),
				shall be considered electricity savings under this subsection.
							(j)Biomass harvesting and
				sustainabilityThe provisions
				of this section relating to biomass shall be administered in accordance with
				section 203(e) of the Energy Policy Act of 2005 (42 U.S.C. 15852(e)).
						(k)Loans for projects to comply with Federal
				renewable electricity standard
							(1)PurposesThe purposes of this
				subsection are—
								(A)to reduce the
				cost incurred by electric utilities in complying with the requirements of this
				section; and
								(B)to minimize the
				impact of the requirements on electricity rates for consumers.
								(2)LoansThe
				Secretary shall make loans available to electric utilities to carry out
				qualified projects approved by the Secretary to comply with the requirements of
				this section.
							(3)Qualified
				projects
								(A)In
				generalA loan may be made under this subsection for a
				project—
									(i)to construct a
				renewable energy generation facility;
									(ii)to install an
				energy efficiency or electricity demand reduction technology; or
									(iii)to carry out
				any other project approved by the Secretary that the Secretary determines is
				consistent with the purposes of this subsection.
									(B)DisapprovalThe
				Secretary may disapprove an application for a loan for a project under this
				subsection if the Secretary determines that—
									(i)the revenues
				generated under the project are unlikely to be sufficient to cover the
				repayment obligations of the proposed loan; or
									(ii)the project is
				not otherwise consistent with the purposes of this subsection.
									(4)TermsA
				loan made by the Secretary to an electric utility under this subsection
				shall—
								(A)be for a term of
				not to exceed 30 years; and
								(B)bear an annual
				interest rate that is 50 basis points more than the Federal funds rate
				established by the Board of Governors of the Federal Reserve System.
								(5)PriorityNotwithstanding
				any other provision of law, the debt to the Federal Government under a loan
				made to an electric utility under this subsection shall have priority in any
				case in which the electric utility files for bankruptcy protection under title
				11, United States Code.
							(6)Authorization
				of appropriationsThere are authorized to be appropriated such
				sums as are necessary to carry out this subsection.
							(l)Reconsideration
							(1)Review
								(A)In
				generalNot later than January 15, 2017, and every 5 years
				thereafter, the Secretary shall review and make recommendations to Congress on
				the program established under this section.
								(B)AnalysisThe
				review shall analyze whether—
									(i)the program
				established under this section has contributed to an economically harmful
				increase in electricity rates in regions of the United States;
									(ii)the program has
				resulted in net economic benefits for the United States; and
									(iii)new
				technologies and clean, renewable energy sources will advance the purposes of
				this section.
									(2)RecommendationsThe
				Secretary shall submit to Congress recommendations on whether—
								(A)the percentage of
				energy efficiency credits eligible to be submitted under subsection (b)(1)
				should be increased or decreased;
								(B)the percentage of
				renewable electricity required under subsection (b)(1) should be increased or
				decreased; and
								(C)the definition of
				renewable energy should be expanded to reflect advances in
				technology or previously unavailable sources of clean or renewable
				energy.
								(3)ReportNot
				later than January 15, 2017, the Secretary shall submit to Congress a report
				that describes any recommendations of the Secretary on changes to the program
				established under this section.
							(m)Regulations
							(1)In
				generalNot later than 1 year
				after the date of enactment of this section, the Secretary shall promulgate
				interim final rules establishing regulations implementing this section.
							(2)Information
				collectionChapter 35 of title 44, United States Code, shall not
				apply to any information collection requirement necessary for the
				implementation of the program established by this section.
							(n)Termination of
				authorityThis section and
				the authority provided by this section terminate on December 31,
				2039.
						.
			(b)Table of
			 contents amendmentThe table
			 of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
			 prec. 2601) is amended by adding at the end of the items relating to title VI
			 the following:

						Sec. 610. Federal renewable
				electricity
				standard.

					.
			3.Federal purchase
			 requirement amendmentsSection
			 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended—
			(1)by striking subsection (b) and inserting
			 the following:

					(b)DefinitionsIn
				this section:
						(1)BiomassThe
				term biomass means the following types of nonhazardous organic
				materials:
							(A)Residues and
				byproducts from milled logs.
							(B)Wood, paper
				products that are not commonly recyclable, and vegetation (including trees and
				trimmings, yard waste, pallets, railroad ties, crates, and solid-wood
				manufacturing and construction debris), if diverted from or separated from
				other waste out of a municipal waste stream.
							(C)Hazard trees,
				trimmings, and brush that are necessary to remove in order to maintain a
				utility right-of-way or a public road (not including any unpaved road within
				Federal land).
							(D)Trees, trimmings,
				and brush harvested from the immediate vicinity of any building, campground, or
				other structure in wildfire-prone areas to reduce the risk to the structure or
				campground or to human life from wildfires.
							(E)Invasive species
				(as defined in Executive Order 13112 (42 U.S.C. 4321 note; relating to invasive
				species)) removed to control or eradicate the invasive species.
							(F)Animal waste and
				animal byproducts (including biogas and any solid produced by
				micro-organisms).
							(G)Food
				waste.
							(H)Algae.
							(I)Slash, brush,
				trees, and other vegetation that is harvested from non-Federal land or Indian
				land—
								(i)that is, at the
				time of harvest—
									(I)naturally
				regenerated forest land;
									(II)forest land that
				was planted for the purpose of restoring land to a naturally regenerated
				forest; or
									(III)if harvested in
				quantities and through practices that maintain or contribute toward the
				restoration of the species, ecological systems, and ecological communities for
				which the conservation forest land was identified, conservation forest land;
				or
									(ii)that is—
									(I)at the time of
				harvest, planted forest land; and
									(II)on the date of
				enactment of this section, cropland (including fallow land), pastureland, or
				planted forest land.
									(J)Crops, crop
				byproducts, and crop residues from non-Federal land or Indian land that
				is—
								(i)at the time of
				harvest, not forest land; and
								(ii)on the date of
				enactment of this section—
									(I)cropland
				(including fallow land and not including planted forest land); or
									(II)pastureland.
									(K)If harvested from
				Federal land in accordance with applicable law and land management plans and in
				quantities and through practices that maintain or contribute toward the
				restoration of ecological sustainability—
								(i)slash; and
								(ii)brush and trees
				that are byproducts of ecological restoration, disease or insect infestation
				control, or hazardous fuels reduction treatments and—
									(I)are from stands
				that—
										(aa)were killed by
				an insect or disease epidemic or a natural disaster; and
										(bb)do not meet the
				utilization standards for sawtimber; or
										(II)do not exceed
				the minimum size standards for sawtimber.
									(2)Conservation
				forest land
							(A)In
				generalThe term conservation forest land means
				forest land that contains a species, or includes all or part of an ecological
				system or community, that is at risk of extinction or elimination within a
				State or globally.
							(B)IdentificationConservation
				forest land shall be identified based on the best available science and data by
				any of—
								(i)the State in
				which the land is located, unless the land is under the jurisdiction of an
				Indian tribe;
								(ii)an Indian tribe
				with jurisdiction over the land; or
								(iii)in consultation
				with the State in which the land is located or the Indian tribe with
				jurisdiction over the land—
									(I)the Secretary of
				Agriculture; or
									(II)the Secretary of
				the Interior.
									(C)ExceptionsA
				tract of conservation forest land may not be removed from conservation forest
				land status under this section as a result of land management practices on the
				tract that—
								(i)occurred on or
				after the date of enactment of this subparagraph; and
								(ii)contributed
				toward the elimination of the species, or all or part of an ecological system
				or ecological community, for which the land was identified as conservation
				forest land.
								(3)Federal
				land
							(A)In
				generalThe term Federal land means—
								(i)National Forest
				System land; and
								(ii)public lands (as
				defined in section 103 of the Federal Land Policy and Management Act of 1976
				(43 U.S.C. 1702)).
								(B)Exclusions
								(i)In
				generalThe term Federal land does not
				include—
									(I)any area
				designated by Congress to be administered for conservation purposes; or
									(II)a National
				Monument proclaimed by the President.
									(ii)Old growth or
				late successional forest standsThe term Federal
				land does not include an old growth or late successional forest stand
				unless biomass from the stand does not exceed the minimum size standards for
				sawtimber and is a byproduct of an ecological restoration treatment that fully
				maintains, or contributes toward the restoration of, the structure and
				composition of an old growth forest stand in accordance with the old growth
				conditions characteristic of the forest type and retains the large trees
				contributing to old growth structure.
								(4)Indian
				landThe term Indian land has the meaning given the
				term Indian country in section 1151 of title 18, United States
				Code.
						(5)Indian
				tribeThe 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).
						(6)Non-Federal
				landThe term non-Federal land means land that is
				not owned by the Federal Government.
						(7)Renewable
				energyThe term renewable energy means energy
				generated from solar, wind, biomass, landfill gas, ocean (including tidal,
				wave, current, and thermal), geothermal, municipal solid waste, or new
				hydroelectric generation capacity achieved from increased efficiency or
				additions of new capacity at an existing hydroelectric project.
						(8)Secretary
				concernedThe term Secretary concerned means—
							(A)the Secretary of
				Agriculture, with regard to—
								(i)National Forest
				System land; and
								(ii)except as
				provided by subparagraph (B), non-Federal land; and
								(B)the Secretary of
				the Interior, with regard to—
								(i)public lands (as
				defined in section 103 of the Federal Land Policy and Management Act of 1976
				(43 U.S.C. 1702)); and
								(ii)Indian
				land.
								;
				and
			(2)by adding at the
			 end the following:

					(e)Biomass
				harvesting and sustainability
						(1)In
				generalThe Secretaries concerned shall administer the provisions
				covered by subsection (b)(1) relating to the harvesting of biomass from Federal
				land and forest land.
						(2)Inter-agency
				biomass sustainability study
							(A)In
				generalThe Secretary, in consultation with the Secretary of
				Agriculture, the Secretary of the Interior, and the Administrator of the
				Environmental Protection Agency, shall conduct a study that assesses the
				impacts of biomass harvesting for energy production on—
								(i)landscape-level
				water quality, soil productivity, wildlife habitat, and biodiversity;
				and
								(ii)conservation
				forest land.
								(B)TimingThe
				Secretary shall—
								(i)complete the
				study required under this paragraph not later than 5 years after the date of
				enactment of this subsection; and
								(ii)update the study
				not later than every 5 years thereafter.
								(C)BasisThe
				Secretary shall base the study on the best available data and science.
							(D)RecommendationsThe
				Secretary shall include in the study such recommendations as are appropriate to
				reduce the impacts described in subparagraph (A).
							(E)Public
				participation and availabilityIn carrying out this paragraph,
				the Secretary shall—
								(i)consult with
				States, Indian tribes, and other interested stakeholders;
								(ii)make available,
				and seek public comment on, a draft version of the study results; and
								(iii)make the final
				study results available to the
				public.
								.

		September 22, 2010
		Read the second time and placed on the
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