117 S2475 IS: Energy Sector Innovation Credit Act of 2021
U.S. Senate
2021-07-27
text/xml
EN
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II117th CONGRESS1st SessionS. 2475IN THE SENATE OF THE UNITED STATESJuly 27, 2021Mr. Crapo (for himself, Mr. Whitehouse, Mr. Barrasso, Mr. Bennet, Mr. Risch, and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes.1.Short titleThis Act may be cited as the Energy Sector Innovation Credit Act of 2021.2.FindingsCongress finds the following:(1)Promising energy resources with zero or very low market penetration often face significant incumbency disadvantages as they establish a foothold, including suboptimal resource location relative to existing grid infrastructure and the lack of economies of scale.(2)Energy sector innovation can confer numerous benefits to jobs and the economy, the environment and climate, and the general social welfare.(3)Energy sector innovation can come in numerous forms, not all of which are readily quantifiable, including—(A)diversifying and increasing the Nation’s energy generation portfolio and energy security, (B)improving the dispatchability and reliability of energy generation; and (C)improving energy efficiency, emissions reductions, or other markers of performance.3.Investment credit for emerging energy technology(a)In generalSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section:48D.Emerging energy technology credit(a)Establishment of creditFor purposes of section 46, the emerging energy technology credit for any taxable year is an amount equal to the applicable percentage (as determined under subsection (c)) of the basis of any qualified emerging energy property placed in service by the taxpayer during such taxable year.(b)Qualified emerging energy property(1)In generalThe term qualified emerging energy property means property which is constructed, reconstructed, erected, or acquired by the taxpayer, and the original use of which commences with the taxpayer, which is—(A)a qualified production facility (as defined in section 45U(d)),(B)carbon capture equipment, or(C)energy storage technology.(2)Carbon capture equipment(A)In generalFor purposes of this section, the term carbon capture equipment means property which contains equipment that can separate and capture qualified carbon oxide (as defined in section 45Q(c)) and is placed in service at, and used in connection with, a facility—(i)which satisfies the requirements under section 45Q(d)(2), and (ii)which is—(I)an electric generating facility which—(aa)was originally placed in service before such property, and(bb)is a point source of air pollutants, (II)a manufacturing or industrial facility—(aa)which was originally placed in service before such property,(bb)which is a point source of air pollutants, and (cc)for which such property is primarily used to capture qualified carbon oxide (as defined in section 45Q(c)) which would otherwise be released into the atmosphere as a result of—(AA)the production of ammonia, helium, or ethanol at such facility, or (BB)the processing of natural gas at such facility, or(III)a manufacturing or industrial facility described in subclause (II) for which item (cc) of such subclause does not apply.(B)Direct air capture(i)In generalFor purposes of this section, the term carbon capture equipment shall include any direct air capture facility which can capture not less than 5,000 metric tons of qualified carbon oxide (as defined in section 45Q(c)) annually.(ii)Direct air capture facilityThe term direct air capture facility has the same meaning given such term under section 45Q(e)(1) (as in effect on the date of enactment of this section).(C)Rules regarding capture of carbon oxideWith respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B), the taxpayer shall physically or contractually ensure the disposal, utilization, or use of such qualified carbon oxide in a manner consistent with the requirements under section 45Q.(3)Energy storage technologyFor purposes of this section, the term energy storage technology means stationary equipment which—(A)is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy using batteries, compressed air, pumped hydropower, thermal energy storage, liquid air, regenerative fuel cells, flywheels, capacitors, superconducting magnets, stacked objects, or other technologies identified by the Secretary, in consultation with the Secretary of Energy, and(B)has a capacity of not less than 1 megawatt.(4)Application with other credits(A)In generalThe term qualified emerging energy property shall not include any property for which, for the taxable year or any prior taxable year—(i)electricity produced from such property is taken into account for purposes of the credit allowed under section 45, 45J, or 45U,(ii)qualified carbon oxide captured by such property is taken into account for purposes of the credit allowed under section 45Q, (iii)the basis of such property is taken into account for purposes of the credit allowed under section 48, 48A, 48B, or 48C, or(iv)hydrogen produced from such property is taken into account for purposes of the credit allowed under section 45V.(B)Denial of double benefitWith respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year.(C)Additional ruleSubparagraphs (A)(ii) and (B) shall not apply for purposes of the credit allowed under this section or section 45Q with respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B) of paragraph (2) if such carbon oxide is disposed of in a manner consistent with section 45Q(a)(3)(B).(c)Applicable percentages(1)Qualified Production FacilitiesIn the case of any qualified production facility which satisfies the requirements for—(A)a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent,(B)a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent,(C)a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and(D)a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent.(2)Carbon capture equipment(A)In generalWith respect to carbon capture equipment, the applicable percentage shall be—(i)in the case of tier 1 equipment, 40 percent,(ii)in the case of tier 2 equipment, 30 percent,(iii)in the case of tier 3 equipment, 20 percent,(iv)in the case of tier 4 equipment, 10 percent, and(v)in the case of any other such equipment, zero percent.(B)Equipment tiers(i)In generalFor purposes of this paragraph—(I)Tier 1 equipmentThe term tier 1 equipment means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent.(II)Tier 2 equipmentThe term tier 2 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent.(III)Tier 3 equipmentThe term tier 3 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent.(IV)Tier 4 equipmentThe term tier 4 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent.(ii)Market penetration levelFor purposes of this subparagraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of—(I)the amount (expressed as a percentage) equal to the quotient of—(aa)the total amount (expressed in metric tons) of carbon oxide captured and disposed of, used, or utilized in a manner consistent with the requirements under section 45Q by carbon capture equipment within the United States during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration and the Environmental Protection Agency), divided by (bb)the total amount of greenhouse gas emissions in the United States (expressed in metric tons of CO2-e) during the most recent calendar year ending prior to the date of enactment of this section for which such data is available to the Administrator of the Environmental Protection Agency, or(II)the amount determined under this clause for the preceding calendar year.(C)Division of equipment for purposes of determining tierFor purposes of determining the applicable tier for any carbon capture equipment under subparagraph (B), such subparagraph shall be applied separately (and the total amount of carbon oxide captured by such equipment shall be determined separately) with respect to—(i)any such equipment described in subclause (I) of subsection (b)(2)(A)(ii),(ii)any such equipment described in subclause (II) of such subsection,(iii)any such equipment described in subclause (III) of such subsection, and(iv)any such equipment described in subparagraph (B) of subsection (b)(2).(D)Determination of tierFor purposes of this paragraph, the determination as to whether any carbon capture equipment qualifies as a tier 1, 2, 3, or 4 equipment shall be made—(i)during the year in which construction of such equipment begins (as determined under rules similar to the rules in section 45U(e)), and(ii)based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year.(E)ReportingThe Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any carbon capture equipment (as determined separately for such equipment pursuant to subparagraph (C)). (3)Energy storage technology(A)In generalWith respect to energy storage technology, the applicable percentage shall be—(i)in the case of tier 1 technology, 40 percent,(ii)in the case of tier 2 technology, 30 percent,(iii)in the case of tier 3 technology, 20 percent,(iv)in the case of tier 4 technology, 10 percent, and(v)in the case of any other such technology, zero percent.(B)Technology tiers(i)In generalFor purposes of this paragraph—(I)Tier 1 technologyThe term tier 1 technology means any energy storage technology for which the market penetration level for the calendar year preceding the calendar year in which construction of such technology began is less than 0.75 percent. (II)Tier 2 technologyThe term tier 2 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent.(III)Tier 3 technologyThe term tier 3 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent.(IV)Tier 4 technologyThe term tier 4 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent.(ii)Market penetration levelFor purposes of this subparagraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of—(I)the amount (expressed as a percentage) equal to the quotient of—(aa)the total nameplate capacity (expressed in megawatts) of energy storage technology in operation within the United States at the beginning of such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by(bb)the total domestic electricity production nameplate capacity (expressed in megawatts) at the close of such year, or(II)the amount determined under this clause for the preceding calendar year.(C)Division of technology for purposes of determining tier(i)In generalFor purposes of determining the applicable tier for any energy storage technology under subparagraph (B), such subparagraph shall be applied separately (and the total capacity of such technology shall be determined separately) with respect to—(I)any such technology which is lithium-ion based,(II)any such technology which uses pumped hydropower,(III)any such technology which—(aa)is not described in subclause (I) or (II), and(bb)is classified as short-duration storage under clause (ii), and(IV)any such technology which—(aa)is not described in subclause (I) or (II), and(bb)is classified as long-duration storage under clause (ii).(ii)ClassificationThe Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance as the Secretary of Energy determines necessary or appropriate to define the terms short-duration storage and long-duration storage for purposes of classifying energy storage technology under clause (i).(D)Determination of tierFor purposes of this paragraph, the determination as to whether any energy storage technology qualifies as a tier 1, 2, 3, or 4 technology shall be made—(i)during the year in which construction of such technology begins (as determined under rules similar to the rules in section 45U(e)), and(ii)based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year.(E)ReportingThe Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any energy storage technology (as determined separately for such technology pursuant to subparagraph (C)). (d)Special rules(1)Certain qualified progress expenditure rules made applicableRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.(2)Transfer of credit(A)In generalIf, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).(B)Eligible project partner(i)In generalFor purposes of this paragraph, the term eligible project partner means, with respect to any qualified emerging energy property, any person who—(I)has an ownership interest in such property,(II)provided equipment for or services in the construction of such property,(III)provides electric transmission or distribution services for such property,(IV)purchases electricity from such property pursuant to a contract, or(V)provides financing for such property.(ii)FinancingFor purposes of clause (i)(V), any amount paid as consideration for a transfer described in subparagraph (A) shall not be treated as financing for qualified emerging energy property. (C)Deduction for payments in connection with transferA deduction under part VI of subchapter B shall be allowed in an amount equal to the amount paid by the taxpayer as consideration for a transfer described in subparagraph (A).(D)Taxable year in which credit taken into accountIn the case of any credit (or portion thereof) with respect to which an election is made under subparagraph (A), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer’s taxable year with respect to which the credit was determined.(E)Limitations on election(i)Time for electionAn election under this paragraph to transfer any portion of the credit allowed under subsection (a) shall be made not later than the due date for the return of tax for the electing taxpayer’s taxable year with respect to which the credit was determined. (ii)No further transfersNo election may be made under this paragraph by a taxpayer with respect to any portion of the credit allowed under subsection (a) which has been previously transferred to such taxpayer under this paragraph.(F)Treatment of transfer under private use rulesFor purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this paragraph shall not be taken into account as a private business use.(G)Special rules for public property(i)In generalIf, with respect to a credit under subsection (a) for any taxable year—(I)a qualified public entity would be the taxpayer (but for this subparagraph), and(II)such entity elects the application of subparagraph (A) for such taxable year with respect to all (or any portion specified in such election) of such credit,the eligible project partner specified in such election, and not the qualified public entity, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).(ii)Qualified public entityFor purposes of this subparagraph, the term qualified public entity means—(I)any State or local government, or a political subdivision thereof, or(II)an Indian tribal government.(H)Property used by certain tax-exempt organizations and governmental unitsIn the case of a taxpayer making an election under this paragraph, the credit subject to such an election shall be determined notwithstanding—(i)section 50(b)(3), and(ii)in the case of any entity described in section 50(b)(4)(A)(i), section 50(b)(4). (I)Additional election requirementsThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this paragraph, including—(i)rules for determining which persons are eligible project partners with respect to any qualified emerging energy property, and(ii)requiring information to be included in an election under subparagraph (A) or imposing additional reporting requirements.(e)RegulationsThe Secretary (in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency) shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including rules for reporting—(1)for purposes of paragraph (2)(B)(ii) of subsection (c), the amount of carbon oxide captured by carbon capture equipment, and(2)for purposes of paragraph (3)(B)(ii) of such subsection, the capacity of energy storage technology..(b)Special rule for proceeds of transfers for mutual or cooperative electric companiesSection 501(c)(12)(I) of such Code is amended by inserting or 48D(d)(2) after section 45J(e)(1).(c)Conforming amendments(1)Section 46 of such Code is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and, and by adding at the end the following new paragraph:(7)the emerging energy technology credit..(2)Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and, and by adding at the end the following new clause:(vi)the basis of any qualified emerging energy property (as defined in section 48D(b)(1))..(3)The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item:Sec. 48D. Emerging energy technology credit..(d)Effective dateThe amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, 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).4.Production credit for emerging energy technology(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:45U.Electricity produced from emerging energy technology(a)General ruleFor purposes of section 38, the emerging energy technology production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified production facility of the taxpayer is an amount equal to the applicable percentage of either of the following amounts, as elected by the taxpayer under subsection (g):(1)The annual gross receipts of the taxpayer from the sale of electricity generated at the qualified production facility to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year.(2)An amount equal to the product of—(A)150 percent of the national average wholesale price of a kilowatt hour of electricity in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, multiplied by(B)the number of kilowatt hours of electricity produced at the qualified production facility and sold to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year.(b)Applicable percentage(1)In generalFor purposes of subsection (a), the applicable percentage is—(A)in the case of a tier 1 facility, 60 percent,(B)in the case of a tier 2 facility, 45 percent,(C)in the case of a tier 3 facility, 30 percent,(D)in the case of a tier 4 facility, 15 percent, and(E)in the case of any other facility, zero percent.(2)Facility Tiers(A)In generalFor purposes of this section—(i)Tier 1 facilityThe term tier 1 facility means any qualified production facility which generates electricity from an individual energy production technology—(I)described in subsection (d)(2)(A), and(II)for which the market penetration level for the calendar year preceding the calendar year in which construction of such facility began is less than 0.75 percent.(ii)Tier 2 facilityThe term tier 2 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent.(iii)Tier 3 facilityThe term tier 3 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent.(iv)Tier 4 facilityThe term tier 4 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent.(B)Market penetration levelFor purposes of this paragraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of—(i)the amount (expressed as a percentage) equal to the quotient of—(I)the sum of all electricity produced (expressed in terawatt hours) from the individual energy production technology by all qualified production facilities (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by(II)the total domestic power sector electricity production (expressed in terawatt hours) for such calendar year, or(ii)the amount determined under this subparagraph for the preceding calendar year.(C)Construction beginsFor purposes of this subsection and section 48D, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be—(i)made during the calendar year in which construction of such facility begins,(ii)based on the determinations included in report described in subparagraph (D)(i)(II) with respect to such calendar year, and(iii)contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility.(D)Guidance and reports(i)Reports(I)EstimatesDuring the month of December of the calendar year which includes the date of enactment of this section, and during the month of December of each subsequent year, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which contains estimates with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year.(II)Final reportDuring the month of February of each calendar year beginning after the date of enactment of this section, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which provides the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during the preceding calendar year.(III)Previous yearsIn the case of a facility which began construction during a calendar year preceding the calendar year which includes the date of enactment of this section, for purposes of determining whether such facility qualifies as a tier 1, 2, 3, or 4 facility under subparagraph (C), the Secretary of Energy (in consultation with the Secretary) shall include, as part of the first report described in subclause (II) which is published after the date of enactment of this section, the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such preceding calendar years as are determined by the Secretary to be relevant for purposes of the administration of this section.(ii)Classification of energy production technologyThe Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance (as well as any subsequent updates to such regulations or guidance) as the Secretary of Energy determines necessary or appropriate to ensure that any qualified production facility or technology used for the production of electricity is classified within a single energy production technology for purposes of subsection (d)(2). In the case of any technology used for the production of electricity which may be classified within 2 or more different categories of energy production technology under such subsection, the Secretary of Energy shall make the determination as to the correct category with respect to such technology as rapidly as possible, with such determinations to be included in any report described in clause (i).(iii)National average wholesale priceFor purposes of determining the amount applicable under subsection (a)(2)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in clause (i) a determination with respect to the national average wholesale price of a kilowatt hour of electricity during such calendar year.(c)Credit periodFor purposes of this section, the credit period with respect to any qualified production facility is the 10-year period beginning with the date the facility was originally placed in service.(d)Qualified production facility(1)In generalFor purposes of this section, the term qualified production facility means any electric generating facility which—(A)is located in the United States or a possession of the United States (as such terms are used in section 638),(B)generates electricity using energy production technology,(C)produces such electricity with an emissions rate less than 100g CO2-e per kWh, and(D)is placed in service after the date of enactment of this section.(2)Energy production technology(A)In generalFor purposes of paragraph (1), each of the following shall be treated as an individual energy production technology:(i)Traditional nuclear fission.(ii)Light water reactor-based advanced nuclear fission.(iii)Non-light water reactor-based advanced nuclear fission.(iv)Nuclear fusion.(v)Concentrating solar thermal power.(vi)Silicon photovoltaic.(vii)Cadmium telluride and copper indium gallium selenide solar.(viii)Emerging photovoltaics.(ix)Enhanced geothermal.(x)Hydrothermal.(xi)Marine energy.(xii)Fixed bottom offshore wind.(xiii)Floating offshore wind.(xiv)Traditional onshore wind.(xv)New onshore wind.(xvi)Coal. (xvii)Natural gas.(xviii)Petroleum.(xix)Open-loop biomass.(xx)Closed-loop biomass.(xxi)Hydropower.(B)Additional specifications(i)Nuclear fission(I)Traditional nuclear fissionFor purposes of clause (i) of subparagraph (A), the term traditional nuclear fission means any nuclear fission which is not described in subclause (II) or (III).(II)Light water reactor-based advanced nuclear fissionFor purposes of clause (ii) of such subparagraph, the term light water reactor-based advanced nuclear fission shall include small modular light water reactors.(III)Non-light water reactor-based advanced nuclear fissionFor purposes of clause (iii) of such subparagraph, the term non-light water reactor-based advanced nuclear fission means any advanced nuclear fission which is not included under clause (ii) of such subparagraph.(ii)Nuclear fusionFor purposes of clause (iv) of subparagraph (A), only nuclear fusion for which net power is produced from the fusion reaction shall be included.(iii)Emerging photovoltaicsFor purposes of clause (viii) of such subparagraph, the term emerging photovoltaics includes perovskite-based and perovskite-enhanced solar, quantum dots, organic photovoltaics, multi-junction tandem devices, and any photovoltaic solar technology not included under clause (vii) of such subparagraph.(iv)Marine energyFor purposes of clause (xi) of such subparagraph, the term marine energy has the same meaning given such term under section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211).(v)Traditional onshore windFor purposes of clause (xiv) of subparagraph (A), the term traditional onshore wind means any energy production technology of a design which is the same as or substantially similar to wind technology that has achieved megawatt scale or larger deployment in the United States as of the date of enactment of this section.(vi)New onshore windFor purposes of clause (xv) of such subparagraph, the term new onshore wind means any energy production technology which is not included in clause (xiv) of such subparagraph. (vii)Open-loop biomassFor purposes of clause (xix) of such subparagraph, the term open-loop biomass has the same meaning given such term under section 45(c)(3).(viii)Closed-loop biomassFor purposes of clause (xx) of such subparagraph, the term closed-loop biomass has the same meaning given such term under section 45(c)(2).(3)Emissions rate(A)ExclusionsFor purposes of paragraph (1)(C), the emissions rate shall not include—(i)any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or(ii)in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel.(B)Lifecycle analysisFor purposes of paragraph (1)(C), in the case of any facility which generates electricity through combustion of a non-fossil fuel, the emissions rate shall be determined based on a lifecycle analysis.(4)Application with other credits(A)In generalThe term qualified production facility shall not include any facility for which, for the taxable year or any prior taxable year—(i)electricity produced from such facility is taken into account for purposes of the credit allowed under section 45 or 45J,(ii)qualified carbon oxide captured by such facility is taken into account for purposes of the credit allowed under section 45Q, (iii)the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, or(iv)hydrogen produced from such facility is taken into account for purposes of the credit allowed under section 45V.(B)Denial of double benefitWith respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year.(5)CO2-eIn this section, the term CO2-e means the quantity of a greenhouse gas that has a global warming potential equivalent to 1 metric ton of carbon dioxide, as determined under table A–1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this section.(e)Determination of when construction begins; continuous program of construction or continuity of effort(1)In generalFor purposes of this section, construction of a facility begins when—(A)physical work of a significant nature begins, or(B)during the year in which the taxpayer begins physical work, a facility has invested not less than—(i)2 percent of construction costs, or(ii)$50,000,000.(2)Work performedFor purposes of paragraph (1), any work performed—(A)by the taxpayer, or (B)for the taxpayer by other persons under a binding written contract which is entered into prior to the manufacture, construction, or production of the property for use by the taxpayer in the taxpayer’s trade or business (or for the taxpayer’s production of income),shall be taken into account in determining whether construction has begun.(3)Continuous program of constructionFor purposes of this section, the term continuous program of construction means continuing physical work of a significant nature, as determined by the Secretary based upon relevant facts and circumstances.(4)Continuous effortsFor purposes of this section, the term continuous efforts means making continuous efforts towards completion of the facility, as determined by the Secretary based upon relevant facts and circumstances.(f)Transfer of creditRules similar to the rules of subsection (d)(2) of section 48D shall apply for purposes of this section.(g)ElectionAn election under this subsection with respect to the amounts described in paragraphs (1) and (2) of subsection (a) shall be included in the return of tax for the taxable year in which the qualified production facility is placed in service. Such election, once made, shall be irrevocable for any taxable year during the credit period under subsection (c).(h)RegulationsNot later than 18 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 section..(b)Credit allowed as part of general business creditSection 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus, and by adding at the end the following new paragraph:(34)the emerging energy technology production credit determined under section 45U(a)..(c)Special rule for proceeds of transfers for mutual or cooperative electric companiesSection 501(c)(12)(I) of such Code, as amended by section 3(b), is amended by striking or 48D(d)(2) and inserting , 45U(f), or 48D(d)(2).(d)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:Sec. 45U. Electricity produced from emerging energy technology..(e)Effective dateThe amendments made by this section shall apply to electricity produced and sold in taxable years beginning after the date of the enactment of this Act.5.Clean hydrogen production credit(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4, is amended by adding at the end the following new section:45V.Clean hydrogen production(a)General rule(1)Amount of creditFor purposes of section 38, the clean hydrogen production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified hydrogen production facility of the taxpayer is an amount equal to the product of—(A)the applicable percentage of an amount equal to 250 percent of the national average wholesale price of a kilogram of hydrogen in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, and(B)subject to paragraph (2), the amount of clean hydrogen produced at the qualified hydrogen production facility during such taxable year.(2)Increase for zero-emissions hydrogenIn the case of any clean hydrogen described in subsection (d)(1)(A)(ii), the amount determined under paragraph (1)(B) with respect to such clean hydrogen shall be equal to twice the amount otherwise determined under such paragraph.(b)Applicable percentage(1)In generalFor purposes of subsection (a)(1)(A), the applicable percentage is—(A)in the case of a tier 1 facility, 60 percent,(B)in the case of a tier 2 facility, 45 percent,(C)in the case of a tier 3 facility, 30 percent,(D)in the case of a tier 4 facility, 15 percent, and(E)in the case of any other facility, zero percent.(2)Facility tiers(A)In generalFor purposes of this subsection—(i)Tier 1 facilityThe term tier 1 facility means any qualified hydrogen production facility which produces clean hydrogen from a qualified production method for which the market penetration level for the calendar year preceding the calendar year in which construction or modification of such facility began is less than 0.75 percent.(ii)Tier 2 facilityThe term tier 2 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent.(iii)Tier 3 facilityThe term tier 3 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent.(iv)Tier 4 facilityThe term tier 4 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent.(B)Market penetration levelFor purposes of this paragraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of—(i)the amount (expressed as a percentage) equal to the quotient of—(I)subject to subsection (d)(1)(C), the total energy content (expressed in megawatt hours) of all clean hydrogen produced using the qualified production method by all qualified hydrogen production facilities (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by(II)the total domestic power sector electricity production (expressed in megawatt hours) for such calendar year, or(ii)the amount determined under this subparagraph for the preceding calendar year(C)Division of production methods for purposes of determining tierFor purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to—(i)any such method described in subparagraph (A) of subsection (d)(3), and(ii)any such method described in subparagraph (B) of such subsection.(D)Construction beginsFor purposes of this subsection, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be—(i)made during the year in which construction or modification of such facility begins,(ii)based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year, and(iii)contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility.(E)Reports(i)In generalThe Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for each qualified production method which has been used to produce clean hydrogen by any qualified hydrogen production facility (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply).(ii) National average wholesale priceFor purposes of determining the amount applicable under subsection (a)(1)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in section 45U(b)(2)(D)(i) a determination with respect to the national average wholesale price of a kilogram of hydrogen during such calendar year.(c)Credit periodFor purposes of this section, the credit period with respect to any qualified hydrogen production facility is—(1)in the case of a facility described in subclause (I) of subsection (d)(2)(A)(iii), the 10-year period beginning with the date the facility was originally placed in service, or(2)in the case of a facility described in subclause (II) of such subsection, the 10-year period beginning with the date that the property required to modify such facility is placed in service.(d)DefinitionsIn this section—(1)Clean hydrogen(A)In generalThe term clean hydrogen means hydrogen which, as determined based on a lifecycle analysis, is produced through a qualified production method for which the rate of the greenhouse gas emissions—(i)is greater than zero and not greater than 2,500g CO2-e (as defined in section 45U(d)(5)) per kilogram of hydrogen produced, or(ii)is equal to or less than zero.(B)Special rules(i)Emissions from generation of electricityIn the case of any hydrogen produced from a qualified production method described in paragraph (3)(A)—(I)if such method uses electricity generated from a renewable energy resource (as defined in section 403 of the Renewable Energy Resources Act of 1980 (42 U.S.C. 7372)) or nuclear power, such hydrogen shall be deemed to be clean hydrogen described in subparagraph (A)(ii), or(II)if such method uses electricity generated from a source that emits greenhouse gases during production, any such emissions which are released into the atmosphere during such production shall be included for purposes of determining the rate of the greenhouse gas emissions under subparagraph (A).(ii)Non-electrolysis or use of fossil fuelsIn the case of any hydrogen produced—(I)through the use of fossil fuels or through the use of electricity which is generated through combustion of a fossil fuel, or(II)using a method described in paragraph (3)(B),subparagraph (A) shall be applied with respect to such hydrogen on the basis of a lifecycle analysis. (iii)Exclusion of hydrogen emissionsFor purposes of subparagraph (A), with respect to hydrogen produced through a qualified production method, any such hydrogen which is released into the atmosphere during such production shall not be included for purposes of determining the rate of the greenhouse gas emissions under such subparagraph.(iv)Carbon captureFor purposes of determining the rate of the greenhouse gas emissions under subparagraph (A), such subparagraph shall not apply with respect to any qualified carbon oxide (as defined in section 45Q(c)) captured using carbon capture equipment if such carbon oxide is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q.(v)Upstream and downstream emissions(I)In generalIn the case of hydrogen produced using a qualified production method described in clause (ii), for purposes of the application of subparagraph (A) based on a lifecycle analysis with respect to such method, such subparagraph shall not apply with respect to—(aa)any upstream emissions, and(bb)any downstream emissions related to the compression, liquefaction, use, or transport of hydrogen subsequent to production.(II)High-temperature electrolysisFor purposes of determining the rate of the greenhouse gas emissions under subparagraph (A) with respect to hydrogen produced using high-temperature electrolysis, such subparagraph shall apply with respect to any direct emissions resulting from the fuel source used to create heat to which clause (iv) does not apply.(III)Upstream emissionsFor purposes of this clause, the term upstream emissions means the quantity of greenhouse gases, expressed in metric tons of CO2-e, emitted to the atmosphere resulting from the extraction, processing, transportation, financing, or other preparation of hydrogen for use.(C)Energy contentFor purposes of subsection (b)(2)(B)(i)(I), the energy content of 1 kilogram of clean hydrogen shall be deemed to be equal to 33.6 kilowatt hours of energy.(2)Qualified hydrogen production facility(A)In generalThe term qualified hydrogen production facility means any facility—(i)which is located in the United States or a possession of the United States (as such terms are used in section 638),(ii)which produces clean hydrogen using a qualified production method, and(iii)(I)which is placed in service after the date of enactment of this section, or(II)which—(aa)was originally placed in service before the date of enactment of this section and, prior to the modification described in item (bb), did not produce clean hydrogen, and(bb)after the date of enactment of this section, is modified to produce clean hydrogen, including—(AA)modification of a facility which, prior to such modification, produced hydrogen which did not satisfy the requirements under paragraph (1)(A), or(BB)for purposes of paragraph (1)(B)(iv), installation of carbon capture equipment.(B)Application with other credits(i)In generalWith respect to any taxable year, the term qualified hydrogen production facility shall not include—(I)any facility which—(aa)produces electricity—(AA)which is taken into account for purposes of the credit allowed under section 45, 45J, or 45U for such taxable year or any previous taxable year, and(BB)which is used by such facility for the production of clean hydrogen, or(bb)for such taxable year or any previous taxable year, the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, or(II)any carbon capture equipment placed in service at a facility which is used to capture qualified carbon oxide which is taken into account in such taxable year or any previous taxable year for purposes of the credit allowed under section 45Q.(ii)Denial of double benefitWith respect to any section described in clause (I) or (II) of clause (i), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year.(3)Qualified production methodThe term qualified production method means—(A)electrolysis, and(B)any method not described in subparagraph (A).(e)Transfer of credit(1)In generalIf, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).(2)Eligible project partner(A)In generalFor purposes of this subsection, the term eligible project partner means, with respect to any qualified hydrogen production facility, any person who—(i)has an ownership interest in such facility,(ii)provided equipment for or services in the construction of such facility,(iii)provides electricity or feedstock for production of hydrogen at such facility,(iv)purchases hydrogen, or a direct product thereof, produced at such facility pursuant to a contract, or(v)provides financing for such facility.(B)FinancingFor purposes of subparagraph (A)(v), any amount paid as consideration for a transfer described in paragraph (1) shall not be treated as financing for qualified hydrogen production facility.(C)Other rulesRules similar to the rules of subparagraphs (C) through (I) of section 48D(d)(2) shall apply for purposes of this subsection.(f)Determination of when construction begins; continuous program of construction or continuity of effortRules similar to the rules of section 45U(e) shall apply for purposes of this section.(g)RegulationsNot later than 1 year 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 section..(b)Credit allowed as part of general business creditSection 38(b) of the Internal Revenue Code of 1986, as amended by section 4(b), is amended by striking plus at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , plus, and by adding at the end the following new paragraph:(35)the clean hydrogen production credit determined under section 45V(a)..(c)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(d), is amended by adding at the end the following new item:Sec. 45V. Clean hydrogen production..(d)Effective dateThe amendments made by this section shall apply to hydrogen produced in taxable years beginning after the date of the enactment of this Act. 6.Report on additional energy production technology(a)In generalNot later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Energy (referred to in this section as the Secretary) shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate which—(1)identifies new and emerging energy production technologies which—(A)have less than 3 percent market penetration level (as defined in subsection (b)(2)(B) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act)); and(B)the Secretary recommends should be added to subsection (d)(2)(A) of such section as an individual energy production technology;(2)includes legislative language to carry out the recommendations described in paragraph (1)(B); and(3)considers petitions and comments submitted under subsection (b).(b)Report process(1)In generalNot later than 24 months after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available Internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy during the 60-day period beginning on the date of such publication petitions for inclusion of any technology used for the production of electricity as an individual energy production technology under subsection (d)(2) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act).(2)ContentEach petition described in paragraph (1) shall include the following information:(A)The name and address of the petitioner.(B)A description of the technology used for the production of electricity.(C)A certification as to whether such technology satisfies the requirements under subsection (d)(1)(C) of section 45U of the Internal Revenue Code of 1986.(D)Such other information as the Secretary may require.(3)ProceduresThe Secretary shall prescribe and publish in the Federal Register and on a publicly available internet website of the Department of Energy procedures to be complied with by members of the public submitting petitions for inclusion under paragraph (1).(c)Review(1)Publication and public availabilityAs soon as practicable, the Secretary shall publish on a publicly available internet website of the Department of Energy the petitions for inclusions submitted under paragraph (1) of subsection (b) that contain the information required under paragraph (2) of such subsection.(2)Public comment(A)In generalThe Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy comments on the petitions for inclusion published by the Department of Energy under paragraph (1).(B)PublicationThe Secretary shall publish a notice in the Federal Register directing members of the public to a publicly available internet website of the Department of Energy to view the comments of the members of the public received under subparagraph (A).(d)Sense of CongressIt is the sense of Congress that, to incentivize innovation in energy generation technologies and to promote the reliability of and performance improvements in the United States energy sector, Congress should, not later than 90 days after the Secretary submits any report under subsection (a), consider a bill to add any technology used for the production of electricity which is included in such report to the list of individual energy production technologies under section 45U(d)(2) of the Internal Revenue Code of 1986.


117 S1973 IS: Filthy Fifty Act
U.S. Senate
2021-06-08
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. 1973IN THE SENATE OF THE UNITED STATESJune 8, 2021Mrs. Gillibrand (for herself, Mr. Padilla, Mr. Durbin, Ms. Warren, Mr. Markey, Mrs. Feinstein, Mr. Schumer, Mr. Booker, Mrs. Shaheen, Ms. Stabenow, Mr. Van Hollen, Ms. Hassan, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo require the Secretary of Defense to conduct testing, removal, and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States.1.Short titleThis Act may be cited as the Filthy Fifty Act.2.Testing, removal, and remediation by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances(a)TestingNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete testing for PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States.(b)RemovalNot later than 60 days following the detection of PFAS at a military installation, formerly used defense site, or State-owned facility of the National Guard in the United States, the Secretary shall take removal actions to ensure that all individuals served by a drinking water source contaminated by PFAS from the installation, site, or facility have access to drinking water that meets the applicable standard under subsection (d), regardless of whether the Secretary is the drinking water purveyor.(c)RemediationNot later than ten years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States.(d)Standards for removal or remedial actions with respect to PFAS contaminationIn conducting removal or remedial actions under this section, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFAS in any environmental media:(1)An enforceable State standard, in effect in that State, for drinking, surface, or ground water, or soil.(2)An enforceable Federal standard for drinking, surface, or ground water, or soil.(3)A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).(e)DefinitionsIn this section:(1)Formerly used defense siteThe term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (2)Perfluoroalkyl substanceThe term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3)PFASThe term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance.(4)Polyfluoroalkyl substanceThe term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.(5)Military installationThe term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code. 3.Status of remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain priority locations(a)ReportNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following sites:(1)England Air Force Base, Louisiana.(2)Naval Air Weapons Station China Lake, California.(3)Patrick Air Force Base, Florida.(4)Myrtle Beach Air Force Base, South Carolina.(5)Langley Air Force Base, Virginia.(6)Naval Air Station Jacksonville, Florida.(7)Niagara Falls Air Reserve Station, New York.(8)Grand Prairie Armed Forces Reserve Complex, Texas.(9)Altus Air Force Base, Oklahoma.(10)Charleston Air Force Base, South Carolina.(11)Barksdale Air Force Base, Louisiana.(12)Plattsburgh Air Force Base, New York.(13)Tyndall Air Force Base, Florida.(14)Sheppard Air Force Base, Texas.(15)Columbus Air Force Base, Mississippi.(16)Chanute Air Force Base, Illinois.(17)Marine Corps Air Station Tustin, California.(18)Travis Air Force Base, California.(19)Ellsworth Air Force Base, South Dakota.(20)Minot Air Force Base, North Dakota.(21)Westover Air Reserve Base, Massachusetts.(22)Eaker Air Force Base, Arkansas.(23)Naval Air Station Alameda, California.(24)Eielson Air Force Base, Alaska.(25)Horsham Air Guard Station, Pennsylvania.(26)Vance Air Force Base, Oklahoma.(27)Dover Air Force Base, Delaware.(28)Edwards Air Force Base, California.(29)Robins Air Force Base, Georgia.(30)Joint Base McGuire-Dix-Lakehurst, New Jersey.(31)Galena Air Force Base, Alaska.(32)Naval Research Laboratory Chesapeake Bay Detachment, Maryland.(33)Buckley Air Force Base, Colorado.(34)Arnold Air Force Base, Tennessee.(35)Tinker Air Force Base, Oklahoma.(36)Fairchild Air Force Base, Washington.(37)Vandenberg Air Force Base, California.(38)Hancock Field Air National Guard Base, New York.(39)F.E. Warren Air Force Base, Wyoming.(40)Nevada Air National Guard Base - Reno, Nevada.(41)K.I. Sawyer Air Force Base, Michigan.(42)Pease Air Force Base, New Hampshire.(43)Whiteman Air Force Base, Missouri.(44)Wurtsmith Air Force Base, Michigan.(45)Shepherd Field Air National Guard Base, West Virginia.(46)Naval Air Station Whidbey Island - Ault Field, Washington.(47)Rosecrans Air National Guard Base, Missouri.(48)Joint Base Andrews, Maryland.(49)Iowa Air National Guard Base - Des Moines, Iowa.(50)Stewart Air National Guard Base, New York.(b)Completion of constructionNot later than five years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of perfluoroalkyl substances and polyfluoroalkyl substances at the sites specified in subsection (a). (c)DefinitionsIn this section:(1)Perfluoroalkyl substanceThe term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2)Polyfluoroalkyl substanceThe term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.


		I
		112th CONGRESS
		1st Session
		H. R. 2256
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2011
			Mr. Doyle (for
			 himself, Mr. Smith of New Jersey,
			 Mr. Deutch,
			 Mr. Young of Florida,
			 Mr. Frank of Massachusetts,
			 Mr. Ackerman,
			 Mr. Kissell,
			 Mr. Farr, Mr. Filner, Mr.
			 Nadler, Mr. Moran,
			 Ms. Hirono,
			 Mr. Pascrell,
			 Mr. Rothman of New Jersey,
			 Mr. Lewis of Georgia,
			 Ms. Berkley,
			 Mrs. Maloney,
			 Mr. Olver,
			 Mr. Gallegly,
			 Mr. LaTourette,
			 Ms. Tsongas,
			 Ms. Roybal-Allard,
			 Mr. Kucinich, and
			 Ms. McCollum) introduced the following
			 bill; which was referred to the Committee
			 on Agriculture

		A BILL
		To amend the Animal Welfare Act to ensure that all dogs
		  and cats used by research facilities are obtained legally.

		1.Short titleThis Act may be cited as the
			 Pet Safety and Protection Act of
			 2011.
		2.Protection of
			 pets
			(a)Research
			 facilitiesSection 7 of the
			 Animal Welfare Act (7 U.S.C. 2137) is amended to read as follows:

					7.Sources of dogs and
				cats for research facilities
						(a)Definition of
				personIn this section, the
				term person means any individual, partnership, firm, joint stock
				company, corporation, association, trust, estate, pound, shelter, or other
				legal entity.
						(b)Use of dogs and
				catsNo research facility or
				Federal research facility may use a dog or cat for research or educational
				purposes if the dog or cat was obtained from a person other than a person
				described in subsection (d).
						(c)Selling,
				donating, or offering dogs and catsNo person, other than a person described in
				subsection (d), may sell, donate, or offer a dog or cat to any research
				facility or Federal research facility.
						(d)Permissible
				sourcesA person from whom a
				research facility or a Federal research facility may obtain a dog or cat for
				research or educational purposes under subsection (b), and a person who may
				sell, donate, or offer a dog or cat to a research facility or a Federal
				research facility under subsection (c), shall be—
							(1)a dealer licensed under section 3 that has
				bred and raised the dog or cat;
							(2)a publicly owned and operated pound or
				shelter that—
								(A)is registered with the Secretary;
								(B)is in compliance with section 28(a)(1) and
				with the requirements for dealers in subsections (b) and (c) of section 28;
				and
								(C)obtained the dog or cat from its legal
				owner, other than a pound or shelter;
								(3)a person that is donating the dog or cat
				and that—
								(A)bred and raised the dog or cat; or
								(B)owned the dog or cat for not less than 1
				year immediately preceding the donation;
								(4)a research facility licensed by the
				Secretary; and
							(5)a Federal research facility licensed by the
				Secretary.
							(e)Penalties
							(1)In
				generalA person that
				violates this section shall be fined $1,000 for each violation.
							(2)Additional
				penaltyA penalty under this
				subsection shall be in addition to any other applicable penalty.
							(f)No required sale
				or donationNothing in this
				section requires a pound or shelter to sell, donate, or offer a dog or cat to a
				research facility or Federal research
				facility.
						.
			(b)Federal research
			 facilitiesSection 8 of the
			 Animal Welfare Act (7 U.S.C. 2138) is amended—
				(1)by striking Sec. 8. No
			 department and inserting the following:

						8.Federal research
				facilitiesExcept as provided
				in section 7, no
				department
						;
				(2)by striking research or
			 experimentation or; and
				(3)by striking such purposes
			 and inserting that purpose.
				(c)CertificationSection 28(b)(1) of the Animal Welfare Act
			 (7 U.S.C. 2158(b)(1)) is amended by striking individual or
			 entity and inserting research facility or Federal research
			 facility.
			3.Effective
			 dateThe amendments made by
			 section 2 take effect on the date that is 90 days after the date of enactment
			 of this Act.


109 HR 50 IH: National Oceanic and Atmospheric Administration Act
U.S. House of Representatives
2005-01-04
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
1st Session
H. R. 50
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Ehlers introduced the following bill; which was referred to the Committee on Science, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To provide for the National Oceanic and Atmospheric Administration, and for other purposes.

1.Short titleThis Act may be cited as the National Oceanic and Atmospheric Administration Act.
2.DefinitionsIn this Act:
(1)The term Administration means the National Oceanic and Atmospheric Administration.
(2)The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
(3)The term Secretary means the Secretary of Commerce.
3.National Oceanic and Atmospheric Administration
(a)In generalThere shall be in the Department of Commerce an agency known as the National Oceanic and Atmospheric Administration.
(b)MissionThe mission of the Administration is to understand the systems of the Earth’s oceans and atmosphere and predict changes in the Earth’s oceans and atmosphere and the effects of such changes on the land environment, to conserve and manage coastal, ocean, and Great Lakes ecosystems to meet national economic, social, and environmental needs, and to educate the public about these topics.
(c)FunctionsThe functions of the Administration shall include—
(1)collecting, through observation and other means, communicating, analyzing, processing, and disseminating comprehensive scientific data and information about weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, upper reaches of estuaries, and hydrologic systems;
(2)operating and maintaining a system for the storage, retrieval, and dissemination of data relating to weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, upper reaches of estuaries, and hydrologic systems;
(3)conducting and supporting basic and applied research and development of technology as may be necessary to carry out the mission described in subsection (b);
(4)issuing weather, water, climate, and space weather forecasts and warnings;
(5)coordinating efforts of Federal agencies in support of national and international programs with respect to meteorological services;
(6)understanding the science of Earth’s climate and related systems, and undertaking research, development, and demonstration to enhance society’s ability to plan for and respond to climate variability and change;
(7)protecting, restoring, and managing the use of the coasts, oceans, and Great Lakes through ecosystem-based research, development, demonstration, and management;
(8)coordinating efforts of Federal agencies in support of national and international programs with respect to integrated Earth observing systems;
(9)administering public outreach and education programs and services to increase scientific and environmental literacy about weather and climate, solar and geophysical events on the Sun and in the space environment, and the coasts, oceans, Great Lakes, upper reaches of estuaries, and hydrologic systems;
(10)cooperating with international organizations and scientists in bilateral and multilateral research, development, conservation, and service programs related to coastal, ocean, Great Lakes, weather, and climate issues; and
(11)any other function assigned to the Administration by law.
4.Administration leadership
(a)Administrator
(1)In generalThere shall be, as the Administrator of the Administration, an Under Secretary of Commerce for Oceans and Atmosphere. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule.
(2)FunctionsThe Administrator shall perform such functions and exercise such powers with respect to the Administration as the Secretary may prescribe, including—
(A)general management;
(B)policy development and guidance;
(C)budget formulation, guidance, and execution; and
(D)serving as the Department of Commerce official for all ocean and atmosphere issues with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public.
(3)Delegation of authorityThe Administrator may, except as otherwise prohibited by law—
(A)delegate any functions, powers, or duties of the Administrator to such officers and employees of the Administration as the Administrator may designate; and
(B)authorize such successive redelegations of such functions, powers, or duties within the Administration as the Administrator considers necessary or appropriate.
(4)AuthoritiesThe Administrator shall have the authority to enter into and perform such contracts, leases, grants, and cooperative agreements with Federal agencies, State and local governments, Indian tribes, international organizations, foreign governments, educational institutions, nonprofit organizations, and commercial organizations, as may be necessary and proper to carry out the Administration’s functions under this Act or as otherwise provided by law.
(b)Assistant Secretary for Oceans and Atmosphere
(1)In generalThere shall be, as Deputy Administrator of the Administration, an Assistant Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be the Administrator’s first assistant for purposes of subchapter III of chapter 33 of title 5, United States Code. The Assistant Secretary shall be paid at the rate of basic pay for level IV of the Executive Schedule.
(2)FunctionsThe Assistant Secretary shall perform such functions and exercise such powers as the Secretary or Administrator may prescribe and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
(c)Deputy Under Secretary for Oceans and Atmosphere
(1)In generalThere shall, be as the Chief Operating Officer of the Administration, a Deputy Under Secretary of Commerce for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The position of Deputy Under Secretary shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code.
(2)FunctionsThe Deputy Under Secretary—
(A)shall ensure the timely and effective implementation of Administration policies and objectives;
(B)shall be responsible for all aspects of the Administration’s operations and management, including budget, financial operations, information services, facilities, human resources, procurements, and associated services;
(C)in the absence or disability of the Assistant Secretary, or in the event of a vacancy in such position, shall act in that position; and
(D)shall perform such other duties as the Administrator shall prescribe.
(d)Deputy Assistant Secretary for Oceans and Atmosphere
(1)In generalThere shall be in the Administration a Deputy Assistant Secretary for Oceans and Atmosphere. The Deputy Assistant Secretary for Oceans and Atmosphere shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Oceans and Atmosphere shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code.
(2)FunctionsThe Deputy Assistant Secretary for Oceans and Atmosphere—
(A)shall serve as an advisor to the Administrator on program and policy issues related to environmental policy, strategic planning, and program analysis;
(B)shall ensure the timely and effective implementation of Administration policies and objectives related to environmental policy, strategic planning, and program analysis; and
(C)shall perform such other duties as the Administrator shall prescribe.
(e)Deputy Assistant Secretary for Science, Technology, Education, and Outreach
(1)In generalThere shall be in the Administration a Deputy Assistant Secretary for Science, Technology, Education, and Outreach, who shall coordinate and oversee the science and technology activities of the Administration and ensure that Administration decisions are informed by the results of appropriate and relevant research. The Deputy Assistant Secretary for Science, Technology, Education, and Outreach shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Science, Technology, Education, and Outreach shall be a Senior Executive Service career reserved position as defined in section 3132(a)(8) of title 5, United States Code.
(2)FunctionsThe Deputy Assistant Secretary for Science, Technology, Education, and Outreach shall—
(A)coordinate research and development activities across the Administration, including coordination of research and development budgets;
(B)advise the Administrator on how research activities can be applied to operational use;
(C)provide advice to the Administrator regarding science and technology issues and their relationship to Administration policies, procedures, and decisions;
(D)participate in developing the Administration’s strategic plans and policies and review the science and technology aspects of those plans and policies;
(E)develop and oversee guidelines for the dissemination to the public of results from research and development conducted, sponsored, or cited by the Administration;
(F)serve as liaison to the nongovernmental science and technology community;
(G)develop and oversee guidelines for peer review of science and technology research sponsored by the Administration;
(H)oversee implementation of the strategic plan for science and technology research, development, and demonstration required under section 10(b);
(I)oversee management of research laboratories in the Administration;
(J)oversee the research and education programs of the Administration; and
(K)perform such other duties as the Secretary or Administrator shall prescribe.
(3)QualificationsAn individual appointed under paragraph (1) shall be a person who has an outstanding science and technology background, including research accomplishments, scientific reputation, and public policy experience.
(4)ConsultationBefore appointing an individual under paragraph (1), the Secretary shall consult with the National Academy of Sciences, the Science Advisory Board of the Administration, and other appropriate scientific organizations.
(f)General Counsel
(1)In generalThere shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule.
(2)FunctionsThe General Counsel—
(A)shall serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and
(B)shall perform such other functions and exercise such powers as the Secretary or Administrator may prescribe.
(g)Continuation of serviceAny individual serving on the effective date of this Act in a position provided for in this Act may continue to serve in that position until a successor is appointed under this Act. Nothing in this Act shall be construed to require the appointment of a successor under this Act sooner than would have been required under law as in effect before the effective date of this Act.
5.National Weather Service
(a)In generalThe Secretary shall maintain within the Administration a National Weather Service.
(b)MissionThe mission of the National Weather Service is to provide weather, water, climate, and space weather forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy.
(c)GoalsThe goals of the National Weather Service shall include—
(1)to provide timely and accurate weather, water, climate, and space weather forecasts; and
(2)to provide timely and accurate warnings of weather, water, and climate natural hazards, and of space weather hazards.
(d)FunctionsThe functions of the National Weather Service shall include—
(1)maintaining a network of local weather forecast offices;
(2)maintaining a network of observation systems to collect weather and climate data;
(3)operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, and space weather phenomena for the Administration and the public;
(4)conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and
(5)other functions to serve the mission of the National Weather Service.
(e)Public-private partnershipsNot less than once every 5 years, the Secretary shall develop and submit to Congress a policy the defines processes for making decisions about the roles of the National Weather Service, the private sector, and the academic community in providing weather-related and climate-related products, technologies, and services. The first such policy shall be completed not less than 12 months after the date of enactment of this Act. At least 90 days before each submission of the policy to Congress, the Secretary shall publish the policy in the Federal Register for a public comment period of not less than 60 days.
6.Operations and services
(a)In generalThe Secretary shall maintain within the Administration programs to support operations of ongoing data collection and direct services and products regarding satellite, observations, and coastal, ocean, and Great Lakes information.
(b)FunctionsTo accomplish the mission described in section 3(b), and in addition to the functions described in section 3(c), the operations and service aspects of the Administration shall include—
(1)acquiring, managing, and operating coastal, ocean, and Great Lakes observing systems;
(2)ensuring the availability of a global Earth-observing system, integrating remote sensing and in situ assets that provide critical data needed to support the mission of the Administration, and providing that data to decisionmakers and the public;
(3)developing, acquiring, and managing operational environmental satellite constellations and associated ground control and data acquisition facilities to support the mission of the Administration;
(4)managing and distributing atmospheric, geophysical, and marine data and data products for the Administration through national environmental data centers;
(5)providing for long-term stewardship of environmental data, products, and information via data processing, storage, reanalysis, reprocessing, and archive facilities;
(6)promoting widespread availability of environmental data and information through full and open access and exchange to the greatest extent possible;
(7)issuing licenses for private remote sensing space systems under the Land Remote Sensing Policy Act of 1992;
(8)administering a national water level observation network, which shall include monitoring of the Great Lakes;
(9)providing charts and other information for safe navigation of the oceans and inland waters, as provided by law; and
(10)such other functions to serve the operations and services mission of the Administration as the Administrator may prescribe.
7.Research and education
(a)In generalThe Secretary shall maintain within the Administration programs to conduct and support research and education and the development of technologies relating to weather, climate, and the coasts, oceans, and Great Lakes.
(b)FunctionsTo accomplish the mission described in section 3(b), and in addition to the functions described in section 3(c), the research and education aspects of the Administration shall include—
(1)conducting and supporting research and technology development to improve the Administration’s capabilities in collecting, through observation and otherwise, communicating, analyzing, processing, and disseminating comprehensive scientific data and information about weather, climate, and the coasts, oceans, and Great Lakes;
(2)improving environmental prediction and management capabilities through ecosystem-based research and development;
(3)improving knowledge of Earth’s climate and related systems through research and observation for decision support;
(4)reducing uncertainty in projections of how the Earth’s climate and related systems may change in the future;
(5)fostering the public’s ability to understand and integrate scientific information into considerations of national environmental issues through education and public outreach activities;
(6)administering the National Sea Grant College Program Act;
(7)conducting and supporting research and development of technology for exploration of the oceans;
(8)maintaining a system of laboratories to perform the functions described in this subsection;
(9)supporting extramural peer-reviewed competitive grant programs to assist the Administration in performing the functions described in this subsection; and
(10)such other functions to serve the research, development, education, and outreach mission of the Administration as the Administrator may prescribe.
8.Science Advisory Board
(a)In generalThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Commerce, Science and Transportation of the Senate, or the Committee on Science or on Resources of the House of Representatives.
(b)PurposeThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment and prediction.
(c)Members
(1)In generalThe Science Advisory Board shall be composed of at least 15 members appointed by the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section.
(2)Terms of serviceMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than one year.
(3)ChairpersonThe Administrator shall designate a chairperson from among the members of the Board.
(4)AppointmentMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code.
(d)Administrative provisions
(1)ReportingThe Science Advisory Board shall report to the Administrator and the appropriate requesting party.
(2)Administrative supportThe Administrator shall provide administrative support to the Science Advisory Board.
(3)MeetingsThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson.
(4)Compensation and expensesA member of the Science Advisory Board shall not be compensated for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(5)SubcommitteesThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary.
(e)ExpirationSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board.
9.Reports
(a)Report on data management, archival, and distribution
(1)ContentsNot later than 1 year after the date of enactment of this Act, and once every 5 years thereafter, the Administrator shall develop a report on the environmental data and information systems of the Administration. The report shall include—
(A)an assessment of the adequacy of the environmental data and information systems of the Administration to—
(i)provide adequate capacity to manage, archive and disseminate environmental information collected and processed, or expected to be collected and processed, by the Administration and other appropriate departments and agencies;
(ii)establish, develop, and maintain information bases, including necessary management systems, which will provide for consistent, efficient, and compatible transfer and use of data;
(iii)develop effective interfaces among the environmental data and information systems of the Administration and other appropriate departments and agencies;
(iv)develop and use nationally accepted formats and standards for data collected by various national and international sources;
(v)integrate and interpret data from different sources to produce information that can be used by decisionmakers in developing policies that effectively respond to national and global environmental concerns; and
(vi)reanalyze and reprocess the archived data as better science is developed to integrate diverse data sources; and
(B)a strategic plan to—
(i)set forth modernization and improvement objectives for an integrated national environmental data access and archive system for the 10-year period beginning with the year in which the plan is transmitted, including facility requirements and critical new technology components that would be necessary to meet the objectives set forth;
(ii)propose specific Administration programs and activities for implementing the plan;
(iii)identify the data and information management, reanalysis, reprocessing, archival, and distribution responsibilities of the Administration with respect to other Federal departments and agencies and international organizations; and
(iv)provide an implementation schedule and estimate funding levels necessary to achieve modernization and improvement objectives.
(2)National Academy of Sciences reviewThe Administrator shall enter into an arrangement with the National Academy of Sciences for a review of the plan developed under paragraph (1).
(3)Transmittal to CongressNot later than 18 months after the date of enactment of this Act, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives the initial report developed under paragraph (1) and the review prepared pursuant to paragraph (2). Subsequent reports developed under paragraph (1) shall also be transmitted to those committees.
(b)Strategic plan for scientific research
(1)ContentsNot later than 1 year after the date of enactment of this Act, and once every 5 years thereafter, the Administrator shall develop a strategic plan for science and technology research and development at the Administration. The plan shall include—
(A)an assessment of the science and technology needs of the Administration based on the Administration’s operational requirements and on input provided by external stakeholders at the national, regional, State, and local levels;
(B)a strategic plan for coordinating research and development activities across the Administration to meet the needs identified in subparagraph (A); and
(C)a description of how the Administration plans to utilize extramural, peer-reviewed competitive grant programs to meet its research needs.
(2)National Academy of Sciences reviewThe Administrator shall enter into an arrangement with the National Academy of Sciences for a review of the plan developed under paragraph (1).
(3)Transmittal to CongressNot later than 18 months after the date of enactment of this Act, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives the initial report developed under paragraph (1) and the review prepared pursuant to paragraph (2). Subsequent reports developed under paragraph (1) shall also be transmitted to those committees.
10.Effect of Reorganization PlanReorganization Plan No. 4 of 1970 shall have no further force and effect.
11.Savings provision All rules and regulations, determinations, standards, contracts, certifications, authorizations, appointments, delegations, results and findings of investigations, and 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 of Commerce for Oceans and Atmosphere, the Administrator, or any other officer of the Administration, that is in effect immediately before the date of enactment of this Act, shall continue in full force and effect after the effective date of this Act until modified or rescinded. All suits, appeals, judgements, and proceedings pending on such effective date relating to responsibilities or functions transferred under this Act shall continue without regard to such transfers, except for the transfer of responsibilities or functions. Any reference in law to a responsibility, function, or office transferred under this Act shall be deemed to refer to the responsibility, function, or office as so transferred.
12.Transition
(a)Effective date
(1)In generalExcept as provided in paragraph (2) the provisions of this Act shall become effective 2 years after the date of enactment of this Act.
(2)ExceptionsParagraph (1) shall not apply to sections 9 or 13, or to subsection (b) of this section.
(b)ReorganizationNot later than 18 months after the date of enactment of this Act, the Administrator shall transmit a plan and budget proposal to Congress setting forth a proposal for program and Administration reorganization for the program areas outlined in this Act.
13.Facility evaluation process
(a)Public notification and assessment process The Administrator shall not close, consolidate, relocate, subdivide, or establish a facility of the Administration unless the Administrator has completed a public notification and assessment process that includes—
(1)publication in the Federal Register of the proposed action and a description of the offices, personnel, and activities of the Administration that would be impacted by the proposed change, and providing for a minimum of 60 days for public comment;
(2)review of the proposed change by the Science Advisory Board of the Administration, if the proposed change involves a science facility of the Administration, and preparation of a summary of their findings regarding the proposed change;
(3)preparation by the Administrator of an analysis of the anticipated costs and savings associated with the proposed facility change, including both initial costs and savings associated with the change and changes in operations and maintenance costs and savings over a ten year period; and
(4)preparation by the Administrator of an analysis of the effects of the facility change on operations and research of the Administration, and the potential impacts on cooperative institutes, other external Administration partnerships, partnerships with other Federal agencies, and any State and local partnerships.
(b)Notice to CongressThe Administrator shall provide to Congress, at least 90 days before any closure, consolidation, relocation, subdivision, or establishment of a facility of the Administration, a summary of the public comments received pursuant to subsection (a)(1), any summary prepared under subsection (a)(2), and the analyses prepared under subsection (a)(3) and (4), .
(c)Weather service modernizationNothing in this section shall alter procedures established under the Weather Service Modernization Act (15 U.S.C. 313 note).
(d)DefinitionFor purposes of this section, the term facility means a laboratory, operations office, administrative service center, or other establishment of the Administration with an annual budget of $1,000,000 or greater.


		II
		111th CONGRESS
		1st Session
		S. 58
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Inouye introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to modify the
		  application of the tonnage tax on vessels operating in the dual United States
		  domestic and foreign trades, and for other purposes.

		1.Modification of the
			 application of the tonnage tax on vessels operating in the dual United States
			 domestic and foreign trades
			(a)In
			 generalSubsection (f) of section 1355 of the Internal Revenue
			 Code of 1986 (relating to definitions and special rules) is amended to read as
			 follows:

					(f)Effect of
				operating a qualifying vessel in the dual United States domestic and foreign
				tradesFor purposes of this subchapter—
						(1)an electing
				corporation shall be treated as continuing to use a qualifying vessel in the
				United States foreign trade during any period of use in the United States
				domestic trade, and
						(2)gross income from
				such United States domestic trade shall not be excluded under section 1357(a),
				but shall not be taken into account for purposes of section 1353(b)(1)(B) or
				for purposes of section 1356 in connection with the application of section 1357
				or
				1358.
						.
			(b)Regulatory
			 authority for allocation of credits, income, and
			 deductionsSection 1358 of the Internal Revenue Code of 1986
			 (relating to allocation of credits, income, and deductions) is amended—
				(1)by striking
			 in accordance with this subsection in subsection (c) and
			 inserting to the extent provided in such regulations as may be
			 prescribed by the Secretary, and
				(2)by adding at the
			 end the following new subsection:

						(d)RegulationsThe
				Secretary shall prescribe regulations consistent with the provisions of this
				subchapter for the purpose of allocating gross income, deductions, and credits
				between or among qualifying shipping activities and other activities of a
				taxpayer.
						.
				(c)Conforming
			 amendments
				(1)Section
			 1355(a)(4) of the Internal Revenue Code of 1986 is amended by striking
			 exclusively.
				(2)Section
			 1355(b)(1)(B) of such Code is amended by striking as a qualifying
			 vessel and inserting in the transportation of goods or
			 passengers.
				(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.