HR 6709 IHCommentsClose CommentsPermalink

To greatly enhance the Nation’s path toward energy independence and environmental, energy, economic, and national security, by amending Federal policy to increase the production of domestic energy sources, to dedicate fixed percentages of the royalties received for conservation programs, environmental restoration projects, renewable energy research and development, clean energy technology research and development, increased development of existing energy sources, and energy assistance for those in need, and to share a portion of such royalties with producing States, and for other purposes.CommentsClose CommentsPermalink

July 31, 2008CommentsClose CommentsPermalink

Mr. PETERSON of Pennsylvania (for himself, Mr. ABERCROMBIE, Mr. COSTA, Mr. BURTON of Indiana, Mr. GENE GREEN of Texas, Mr. BROWN of South Carolina, Mr. LAMPSON, Mr. BISHOP of Utah, Mr. WALZ of Minnesota, Mr. HAYES, Mr. FOSTER, Mrs. CAPITO, Mr. BOREN, Mrs. DRAKE, Mr. CUELLAR, Mr. TIM MURPHY of Pennsylvania, Mr. ALTMIRE, Mr. SMITH of Nebraska, Mr. MCINTYRE, Mr. SALI, Mrs. BOYDA of Kansas, Mr. LAMBORN, Mr. ORTIZ, Mr. ROGERS of Kentucky, Ms. HERSETH SANDLIN, Mr. KINGSTON, Mr. HOLDEN, Mr. MILLER of Florida, Mr. CAZAYOUX, Mr. LEWIS of California, Mr. BARROW, Mr. WILSON of South Carolina, Mr. KANJORSKI, Mr. KLINE of Minnesota, Mr. MARSHALL, Mr. MICA, Mr. DONNELLY, Mr. MCCARTHY of California, Mr. LINCOLN DAVIS of Tennessee, Mr. TERRY, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. SOUDER, Mr. BISHOP of Georgia, Mr. PENCE, Mr. MELANCON, Mr. BROUN of Georgia, Mr. BARTLETT of Maryland, and Mr. TAYLOR) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, 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 concernedCommentsClose CommentsPermalink

To greatly enhance the Nation’s path toward energy independence and environmental, energy, economic, and national security, by amending Federal policy to increase the production of domestic energy sources, to dedicate fixed percentages of the royalties received for conservation programs, environmental restoration projects, renewable energy research and development, clean energy technology research and development, increased development of existing energy sources, and energy assistance for those in need, and to share a portion of such royalties with producing States, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Conservation, Environment, and Energy Independence Act’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--OFFSHORE AND ONSHORE LEASING AND OTHER ENERGY PRODUCTION

Sec. 101. Termination of prohibitions on expenditures for, and withdrawals from, offshore and onshore leasing and other limitations on energy production.CommentsClose CommentsPermalink





Sec. 102. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink





Sec. 103. Sharing of revenues.CommentsClose CommentsPermalink





Sec. 104. Policies regarding buying and building American.CommentsClose CommentsPermalink





Sec. 105. Elimination of other restrictions on use of energy alternatives.CommentsClose CommentsPermalink

TITLE II--CLEANER ENERGY PRODUCTION AND ENERGY CONSERVATION INCENTIVES

Sec. 201. Extension of renewable energy credit.CommentsClose CommentsPermalink





Sec. 202. Extension of credit for alternative fuel vehicles.CommentsClose CommentsPermalink





Sec. 203. Extension of alternative fuel vehicle refueling property credit.CommentsClose CommentsPermalink





Sec. 204. Extension of credit for energy efficient appliances.CommentsClose CommentsPermalink





Sec. 205. Extension of credit for nonbusiness energy property.CommentsClose CommentsPermalink





Sec. 206. Extension of credit for residential energy efficient property.CommentsClose CommentsPermalink





Sec. 207. Extension of new energy efficient home credit.CommentsClose CommentsPermalink





Sec. 208. Extension of energy efficient commercial buildings deduction.CommentsClose CommentsPermalink





Sec. 209. Extension of energy credit.CommentsClose CommentsPermalink





Sec. 210. Extension of credit for clean renewable energy bonds.CommentsClose CommentsPermalink





Sec. 211. Extension of credits for biodiesel and renewable diesel.CommentsClose CommentsPermalink





Sec. 212. Credit for plug-in hybrid vehicles.CommentsClose CommentsPermalink

TITLE III--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT

Sec. 301. Findings.CommentsClose CommentsPermalink





Sec. 302. Definitions.CommentsClose CommentsPermalink





Sec. 303. Objectives.CommentsClose CommentsPermalink





Sec. 304. Modification of the Strategic Petroleum Reserve.CommentsClose CommentsPermalink





Sec. 305. Energy Independence and Security Fund.CommentsClose CommentsPermalink

TITLE I--OFFSHORE AND ONSHORE LEASING AND OTHER ENERGY PRODUCTIONCommentsClose CommentsPermalink

SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND WITHDRAWALS FROM, OFFSHORE AND ONSHORE LEASING AND OTHER LIMITATIONS ON ENERGY PRODUCTION.

(a) Prohibitions on Expenditures- All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct natural gas, oil, oil shale, and other energy production leasing and preleasing activities for Federal lands shall have no force or effect with respect to such activities.CommentsClose CommentsPermalink





(b) Revocation Withdrawals- All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of natural gas and oil.CommentsClose CommentsPermalink





(c) Gulf of Mexico Oil and Gas- Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109-432; 120 Stat. 3003) is repealed.CommentsClose CommentsPermalink





(d) Oil Shale- Section 433 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (division F of Public Law 110-161; 121 Stat. 2152) is repealed.CommentsClose CommentsPermalink

SEC. 102. OUTER CONTINENTAL SHELF LEASING PROGRAM.

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following:CommentsClose CommentsPermalink

‘SEC. 10. MORATORIA AREA AND STATE DISAPPROVAL REQUIREMENT WITH RESPECT TO LEASING.

‘(a) Prohibition on Leasing- The Secretary may not issue any lease authorizing exploration for, or development of, natural gas or oil in any area of the outer Continental Shelf that is located within 25 miles of the coastline of a State.CommentsClose CommentsPermalink





‘(b) State Disapproval Authority- The Secretary may not issue any lease authorizing exploration for, or development of, natural gas or oil in any area of the outer Continental Shelf that is located more than 25 miles and less than 50 miles from the coastline of a State if the State has enacted, within the 1-year period beginning on the date of the enactment of the National Conservation, Environment, and Energy Independence Act, a law disapproving of the issuance of such leases by the Secretary.CommentsClose CommentsPermalink





‘(c) Military Operations- The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this section. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution.’.CommentsClose CommentsPermalink

SEC. 103. SHARING OF REVENUES.

(a) In General- Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2) by striking ‘Notwithstanding’ and inserting ‘Except as provided in paragraph (6), and notwithstanding’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6) BONUS BIDS AND ROYALTIES UNDER QUALIFIED LEASES-CommentsClose CommentsPermalink





‘(A) NEW LEASES- Of amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any qualified lease on submerged lands made available for leasing under this Act by the enactment of the National Conservation, Environment, and Energy Independence Act that are located within the seaward boundaries of a State established under section 4(a)(2)(A)--CommentsClose CommentsPermalink





‘(i) 30 percent shall be deposited in the general fund of the Treasury;CommentsClose CommentsPermalink





‘(ii) 30 percent shall be paid to the States that are producing States with respect to those submerged lands;CommentsClose CommentsPermalink





‘(iii) 8 percent shall be deposited in the Conservation Reserve established by paragraph (7);CommentsClose CommentsPermalink





‘(iv) 10 percent shall be deposited in the Environment Restoration Reserve established by paragraph (7);CommentsClose CommentsPermalink





‘(v) 15 percent shall be deposited in the Renewable Energy Reserve established by paragraph (7);CommentsClose CommentsPermalink





‘(vi) 5 percent shall be deposited in the Carbon Capture/Sequestration and Nuclear Waste Reserve Established by paragraph (7); andCommentsClose CommentsPermalink





‘(vii) 2 percent shall be available to the Secretary of Health and Human Services for carrying out the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621, et seq.).CommentsClose CommentsPermalink





‘(B) LEASED TRACT THAT LIES PARTIALLY WITHIN THE SEAWARD BOUNDARIES OF A STATE- In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A)(ii) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries.CommentsClose CommentsPermalink





‘(C) USE OF PAYMENTS TO STATES- Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following:CommentsClose CommentsPermalink





‘(i) Education.CommentsClose CommentsPermalink





‘(ii) Transportation.CommentsClose CommentsPermalink





‘(iii) Coastal restoration, environmental restoration, and beach replenishment.CommentsClose CommentsPermalink





‘(iv) Energy infrastructure.CommentsClose CommentsPermalink





‘(v) Renewable energy development.CommentsClose CommentsPermalink





‘(vi) Energy efficiency and conservation.CommentsClose CommentsPermalink





‘(vii) Any other purpose determined by State law.CommentsClose CommentsPermalink





‘(D) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink





‘(i) ADJACENT STATE- The term ‘Adjacent State’ means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted.CommentsClose CommentsPermalink





‘(ii) ADJACENT ZONE- The term ‘adjacent zone’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.CommentsClose CommentsPermalink





‘(iii) PRODUCING STATE- The term ‘producing State’ means an Adjacent State having an adjacent zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act.CommentsClose CommentsPermalink





‘(iv) STATE- The term ‘State’ includes Puerto Rico and the other territories of the United States.CommentsClose CommentsPermalink





‘(v) QUALIFIED LEASE- The term ‘qualified lease’ means a natural gas or oil lease made available under this Act granted after the date of the enactment of the National Conservation, Environment, and Energy Independence Act, for an area that is available for leasing as a result of enactment of section 101 of that Act.CommentsClose CommentsPermalink





‘(E) APPLICATION- This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after September 30, 2008.CommentsClose CommentsPermalink





‘(7) ESTABLISHMENT OF RESERVE ACCOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For budgetary purposes, there is established as a separate account to receive deposits under paragraph (6)(A)--CommentsClose CommentsPermalink





‘(i) the Conservation Reserve, to offset the cost of legislation enacted after the date of the enactment of the National Conservation, Environment, and Energy Independence Act for conservation programs, such as weatherization, and conservation tax credits and deductions for energy efficiency in the residential, commercial, industrial and public sectors, including Conservation Districts;CommentsClose CommentsPermalink





‘(ii) the Environment Restoration Reserve, to offset the cost of legislation enacted after the date of the enactment of the National Conservation, Environment, and Energy Independence Act to conduct restoration activities to improve the overall health of the ecosystems primarily or entirely within wildlife refuges, national parks, lakes, bays, rivers, and streams, including the Great Lakes, the Chesapeake and Delaware Bays, the San Francisco Bay/Sacramento San Joaquin Bay Delta, the Florida Everglades, New York Harbor, the Colorado River Basin, and Intracoastal Waterways and inlets that serve them;CommentsClose CommentsPermalink





‘(iii) the Renewable Energy Reserve, to offset the cost of legislation enacted after the date of the enactment of the National Conservation, Environment, and Energy Independence Act to accelerate the use of cleaner domestic energy resources and alternative fuels; to promote the utilization of energy-efficient products and practices; and to increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes; andCommentsClose CommentsPermalink





‘(iv) the Carbon Capture and Sequestration Reserve, to offset the cost of legislation enacted after the date of the enactment of the National Conservation, Environment, and Energy Independence Act to promote research and development projects associated with carbon capture and storage in the production of liquid transportation fuels, synthetic natural gas, chemical feedstocks, and electricity, and for the disposition and recycling/reprocessing of nuclear waste from nuclear power plants.CommentsClose CommentsPermalink





‘(B) PROCEDURE FOR ADJUSTMENTS-CommentsClose CommentsPermalink





‘(i) BUDGET COMMITTEE CHAIRMAN- After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in clause (i), (ii), (iii), or (iv) of subparagraph (A) in excess of the amount of the deposits under paragraph (6)(A) for those purposes for fiscal year 2009, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in clause (ii) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority.CommentsClose CommentsPermalink





‘(ii) MATTERS TO BE ADJUSTED- The adjustments referred to in clause (i) are to be made to--CommentsClose CommentsPermalink





‘(I) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget;CommentsClose CommentsPermalink





‘(II) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; andCommentsClose CommentsPermalink





‘(III) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink





‘(iii) AMOUNTS OF ADJUSTMENTS- The adjustments referred to in clauses (i) and (ii) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made.CommentsClose CommentsPermalink





‘(C) EXPENDITURES ONLY BY SECRETARY OF THE INTERIOR IN CONSULTATION- Legislation shall not be treated as legislation referred to in subparagraph (A) unless any expenditure under such legislation for a purpose referred to in that subparagraph may be made only after consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Army acting through the Corps of Engineers, and, as appropriate, the Secretary of State.CommentsClose CommentsPermalink





‘(8) MAINTENANCE OF EFFORT BY STATES- The Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Energy, and any other Federal official with authority to implement legislation referred to in paragraph (6)(A) shall ensure that financial assistance provided to a State under that legislation for any purpose with amounts made available under this subsection or in any legislation with respect to which paragraph (7) applies supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of the National Conservation, Environment, and Energy Independence Act’.CommentsClose CommentsPermalink





(b) Establishment of State Seaward Boundaries- Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ‘, and the President’ and all that follows through the end of the sentence and inserting the following: ‘. Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled ‘Alaska OCS Region State Adjacent Zone and OCS Planning Areas’, ‘Pacific OCS Region State Adjacent Zones and OCS Planning Areas’, ‘Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas’, and ‘Atlantic OCS Region State Adjacent Zones and OCS Planning Areas’, all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109-432) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section.’.CommentsClose CommentsPermalink

SEC. 104. POLICIES REGARDING BUYING AND BUILDING AMERICAN.

(a) Intent of Congress- It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.CommentsClose CommentsPermalink





(b) Safeguard for Extraordinary Ability- Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by striking ‘regulations which’ and inserting ‘regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4 of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that’.CommentsClose CommentsPermalink

SEC. 105. ELIMINATION OF OTHER RESTRICTIONS ON USE OF ENERGY ALTERNATIVES.

(a) Renewable Biomass- Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended effective January 1, 2009--CommentsClose CommentsPermalink





(1) in clause (ii), by striking ‘on non-federal land’; andCommentsClose CommentsPermalink





(2) in clause (iv), by striking ‘that are from non-federal forestlands, including forestlands’ and inserting ‘from forestlands, including those on public lands and those’.CommentsClose CommentsPermalink





(b) Alternative Fuels- Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed.CommentsClose CommentsPermalink





(c) Limitation on Number of New Qualified Hybrid Advanced Lean-Burn Technology Vehicles- Section 30B of the Internal Revenue Code of 1986 is amended by striking subsection (f).CommentsClose CommentsPermalink

TITLE II--CLEANER ENERGY PRODUCTION AND ENERGY CONSERVATION INCENTIVESCommentsClose CommentsPermalink

SEC. 201. EXTENSION OF RENEWABLE ENERGY CREDIT.

Each of the following provisions of section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2013’:CommentsClose CommentsPermalink





(1) Paragraph (1) (relating to wind facility).CommentsClose CommentsPermalink





(2) Clauses (i) and (ii) of paragraph (2)(A) (relating to closed-loop biomass facility).CommentsClose CommentsPermalink





(3) Clauses (i)(I) and (ii) of paragraph (3)(A) (relating to (open-loop biomass facility).CommentsClose CommentsPermalink





(4) Paragraph (4) (relating to geothermal energy facility).CommentsClose CommentsPermalink





(5) Paragraph (5) (relating to small irrigation power facility).CommentsClose CommentsPermalink





(6) Paragraph (6) (relating to landfill gas facilities).CommentsClose CommentsPermalink





(7) Paragraph (7) (relating to trash combustion facilities).CommentsClose CommentsPermalink





(8) Paragraph (8) (relating to refined coal production facility).CommentsClose CommentsPermalink





(9) Subparagraphs (A) and (B) of paragraph (9) (relating to qualified hydropower facility).CommentsClose CommentsPermalink

SEC. 202. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLES.

Paragraphs (2), (3), and (4) of section 30B(j) of the Internal Revenue Code of 1986 are each amended by striking the date therein and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink

SEC. 203. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

(a) In General- Paragraph (2) of section 30C(g) of such Code (relating to termination) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Alternative Fuels- Paragraph (1) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ‘hydrogen,’ inserting ‘hydrogen or alternative fuels (as defined in section 30B(e)(4)(B)).’.CommentsClose CommentsPermalink

SEC. 204. EXTENSION OF CREDIT FOR ENERGY EFFICIENT APPLIANCES.

(a) In General- Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended by striking ‘calendar year 2006 or 2007’ each place it appears in paragraphs (1)(A)(i), 1(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and inserting ‘calendar year 2006, 2007, 2008, 2009, 2010, 2011, 2012, or 2013’.CommentsClose CommentsPermalink





(b) Restart of Credit Limitation- Paragraph (1) of section 45M(e) of such Code (relating to aggregate credit amount allowed) is amended by inserting ‘beginning after December 31, 2007’ after ‘for all prior taxable years’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to appliances produced after December 31, 2007.CommentsClose CommentsPermalink

SEC. 205. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

(a) In General- Section 25C(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ‘December 31, 2007’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to property placed in service after December 31, 2007.CommentsClose CommentsPermalink

SEC. 206. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

Section 25D(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink

SEC. 207. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.

Subsection (g) of section 45L of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 208. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

Section 179D(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 209. EXTENSION OF ENERGY CREDIT.

(a) Solar Energy Property- Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2017’.CommentsClose CommentsPermalink





(b) Fuel Cell Property- Subparagraph (E) of section 48(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink





(c) Microturbine Property- Subparagraph (E) of section 48(c)(2) of such Code (relating to qualified microturbine property) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 210. EXTENSION OF CREDIT FOR CLEAN RENEWABLE ENERGY BONDS.

(a) Extension- Section 54(m) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 211. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.

(a) In General- Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2008.CommentsClose CommentsPermalink

SEC. 212. CREDIT FOR PLUG-IN HYBRID VEHICLES.

(a) In General- Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 30D. PLUG-IN HYBRID VEHICLES.

‘(a) Allowance of Credit- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each qualified plug-in hybrid vehicle placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(b) Per Vehicle Dollar Limitation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The amount determined under this subsection with respect to any qualified plug-in hybrid vehicle is the sum of the amounts determined under paragraphs (2) and (3) with respect to such vehicle.CommentsClose CommentsPermalink





‘(2) BASE AMOUNT- The amount determined under this paragraph is $4,000.CommentsClose CommentsPermalink





‘(3) BATTERY CAPACITY- In the case of vehicle which draws propulsion energy from a battery with not less than 5 kilowatt hours of capacity, the amount determined under this paragraph is $200, plus $200 for each kilowatt hour of capacity in excess of 5 kilowatt hours. The amount determined under this paragraph shall not exceed $2,000.CommentsClose CommentsPermalink





‘(c) Application With Other Credits-CommentsClose CommentsPermalink





‘(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).CommentsClose CommentsPermalink





‘(2) PERSONAL CREDIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.CommentsClose CommentsPermalink





‘(B) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of--CommentsClose CommentsPermalink





‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(ii) the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year.CommentsClose CommentsPermalink





‘(d) Qualified Plug-In Hybrid Vehicle- For purposes of this section--CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term ‘qualified plug-in hybrid vehicle’ means a motor vehicle (as defined in section 30(c)(2))--CommentsClose CommentsPermalink





‘(A) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(B) which is acquired for use or lease by the taxpayer and not for resale,CommentsClose CommentsPermalink





‘(C) which is made by a manufacturer,CommentsClose CommentsPermalink





‘(D) which has a gross vehicle weight rating of less than 14,000 pounds,CommentsClose CommentsPermalink





‘(E) which has received a certificate of conformity under the Clean Air Act and meets or exceeds the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle,CommentsClose CommentsPermalink





‘(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--CommentsClose CommentsPermalink





‘(i) has a capacity of not less than 4 kilowatt hours, andCommentsClose CommentsPermalink





‘(ii) is capable of being recharged from an external source of electricity, andCommentsClose CommentsPermalink





‘(G) which either--CommentsClose CommentsPermalink





‘(i) is also propelled to a significant extent by other than an electric motor, orCommentsClose CommentsPermalink





‘(ii) has a significant onboard source of electricity which also recharges the battery referred to in subparagraph (F).CommentsClose CommentsPermalink





‘(2) EXCEPTION- The term ‘qualified plug-in hybrid vehicle’ shall not include any vehicle which is not a passenger automobile or light truck if such vehicle has a gross vehicle weight rating of less than 8,500 pounds.CommentsClose CommentsPermalink





‘(3) OTHER TERMS- The terms ‘passenger automobile’, ‘light truck’, and ‘manufacturer’ have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).CommentsClose CommentsPermalink





‘(4) BATTERY CAPACITY- The term ‘capacity’ means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge.CommentsClose CommentsPermalink





‘(e) Special Rules-CommentsClose CommentsPermalink





‘(1) BASIS REDUCTION- The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (c)).CommentsClose CommentsPermalink





‘(2) RECAPTURE- The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.CommentsClose CommentsPermalink





‘(3) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179.CommentsClose CommentsPermalink





‘(4) ELECTION NOT TO TAKE CREDIT- No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.CommentsClose CommentsPermalink





‘(5) PROPERTY USED BY TAX-EXEMPT ENTITY; INTERACTION WITH AIR QUALITY AND MOTOR VEHICLE SAFETY STANDARDS- Rules similar to the rules of paragraphs (6) and (10) of section 30B(h) shall apply for purposes of this section.’.CommentsClose CommentsPermalink





(b) Plug-In Vehicles Not Treated as New Qualified Hybrid Vehicles- Section 30B(d)(3) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) EXCLUSION OF PLUG-IN VEHICLES- Any vehicle with respect to which a credit is allowable under section 30D (determined without regard to subsection (c) thereof) shall not be taken into account under this section.’.CommentsClose CommentsPermalink





(c) Credit Made Part of General Business Credit- Section 38(b) 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:CommentsClose CommentsPermalink





‘(34) the portion of the plug-in hybrid vehicle credit to which section 30D(c)(1) applies.’.CommentsClose CommentsPermalink





(d) Conforming Amendments-CommentsClose CommentsPermalink





(1)(A) Section 24(b)(3)(B), as amended by this Act, is amended by striking ‘and 25D’ and inserting ‘25D, and 30D’.CommentsClose CommentsPermalink





(B) Section 25(e)(1)(C)(ii) is amended by inserting ‘30D,’ after ‘25D,’.CommentsClose CommentsPermalink





(C) Section 25B(g)(2), as amended by this Act, is amended by striking ‘and 25D’ and inserting ‘, 25D, and 30D’.CommentsClose CommentsPermalink





(D) Section 26(a)(1), as amended by this Act, is amended by striking ‘and 25D’ and inserting ‘25D, and 30D’.CommentsClose CommentsPermalink





(E) Section 1400C(d)(2) is amended by striking ‘and 25D’ and inserting ‘25D, and 30D’.CommentsClose CommentsPermalink





(2) Section 1016(a) is amended by striking ‘and’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(37) to the extent provided in section 30D(e)(1).’.CommentsClose CommentsPermalink





(3) Section 6501(m) is amended by inserting ‘30D(e)(4),’ after ‘30C(e)(5),’.CommentsClose CommentsPermalink





(4) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 30D. Plug-in hybrid vehicles.’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

TITLE III--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENTCommentsClose CommentsPermalink

SEC. 301. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The Strategic Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation from any future oil supply disruptions. When the program was established, United States refiners were capable of handling light and medium crude and the make up of the SPR matched this capacity. This is not the case today.CommentsClose CommentsPermalink





(2) A GAO analysis found that nearly half of the refineries considered vulnerable to supply disruptions are not compatible with the types of oil currently stored in the SPR and would be unable to maintain normal refining capacity if forced to rely on SPR oil as currently constituted, thereby reducing the effectiveness of the SPR in the event of a supply disruption. GAO concluded that the SPR should be comprised of at least 10 percent heavy crude.CommentsClose CommentsPermalink





(3) This Act implements the GAO recommendation and dedicates funds received from the transactions to existing energy conservation, research, and assistance programs.CommentsClose CommentsPermalink

SEC. 302. DEFINITIONS.

In this title--CommentsClose CommentsPermalink





(1) the term ‘light grade petroleum’ means crude oil with an API gravity of 35 degrees or higher;CommentsClose CommentsPermalink





(2) the term ‘heavy grade petroleum’ means crude oil with an API gravity of 26 degrees or lower; andCommentsClose CommentsPermalink





(3) the term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink

SEC. 303. OBJECTIVES.

The objectives of this title are as follows:CommentsClose CommentsPermalink





(1) To modernize the composition of the Strategic Petroleum Reserve to reflect the current processing capabilities of refineries in the United States.CommentsClose CommentsPermalink





(2) To provide increased funding to accelerate conservation, energy research and development, and assistance through existing programs.CommentsClose CommentsPermalink

SEC. 304. MODIFICATION OF THE STRATEGIC PETROLEUM RESERVE.

Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), the Secretary shall publish a plan not later than 30 days after the date of enactment of this Act to--CommentsClose CommentsPermalink





(1) exchange as soon as possible light grade petroleum from the Strategic Petroleum Reserve, in an amount equal to 10 percent of the total number of barrels of crude oil in the Reserve as of the date of enactment of this Act, for an equivalent volume of heavy grade petroleum plus any additional cash bonus bids received that reflect the difference in the market value between light grade petroleum and heavy grade petroleum and the timing of deliveries of the heavy grade petroleum;CommentsClose CommentsPermalink





(2) from the gross proceeds of the cash bonus bids, deposit the amount necessary to pay for the direct administrative and operational costs of the exchange into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247); andCommentsClose CommentsPermalink





(3) deposit 90 percent of the remaining net proceeds from the exchange into the account established under section 305(a).CommentsClose CommentsPermalink

SEC. 305. ENERGY INDEPENDENCE AND SECURITY FUND.

(a) Establishment- There is hereby established in the Treasury of the United States the ‘Energy Independence and Security Fund’ (in this section referred to as the ‘Fund’).CommentsClose CommentsPermalink





(b) Administration- The Secretary shall be responsible for administering the Fund for the purpose of carrying out this section.CommentsClose CommentsPermalink





(c) Deposits- The Secretary shall transfer the balance of funds in the SPR Petroleum Account on the date of enactment of this Act in excess of $10,000,000 into the Fund.CommentsClose CommentsPermalink





(d) Distribution of Funds- The Secretary shall make available for obligation, without further appropriation and without fiscal year limitation, the following amounts from the Fund:CommentsClose CommentsPermalink





(1) ADVANCED RESEARCH PROJECTS AGENCY--ENERGY- The Secretary shall transfer $100,000,000 to the account ‘Energy Transformation Acceleration Fund’, established under section 5012(m) of the America COMPETES Act (42 U.S.C. 16538(m)), to remain available until expended. Of the funds so transferred, the Secretary shall further allocate the amounts made available for obligation as follows:CommentsClose CommentsPermalink





(A) $50,000,000 shall be available for university-based research projects.CommentsClose CommentsPermalink





(B) $10,000,000 shall be available for program direction expenses.CommentsClose CommentsPermalink





(2) WIND ENERGY RESEARCH AND DEVELOPMENT- The Secretary shall transfer $15,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for a program to support the development of next-generation wind turbines, including turbines capable of operating in areas with low wind speeds, as authorized in section 931(a)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(B)).CommentsClose CommentsPermalink





(3) SOLAR ENERGY RESEARCH AND DEVELOPMENT- The Secretary shall transfer $30,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of solar energy technologies, and public education and outreach materials pursuant to such program, as authorized by section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)).CommentsClose CommentsPermalink





(4) LOW INCOME WEATHERIZATION AND LIHEAP- The Secretary shall transfer $100,000,000 to the account ‘Weatherization Assistance Program’, to remain available until expended, for necessary expenses for a program to weatherize low income housing, as authorized by section 411 of the Energy Independence and Security Act of 2007 (Public Law 110-140). The Secretary shall transfer $100,000,000 to the Secretary of Health and Human Services for distribution to States under section 2604(a) through (d) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-(d)).CommentsClose CommentsPermalink





(5) MARINE AND HYDROKINETIC RENEWABLE ELECTRIC ENERGY- The Secretary shall transfer $30,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of ocean and wave energy, including hydrokinetic renewable energy, as authorized by section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215).CommentsClose CommentsPermalink





(6) ADVANCED VEHICLES RESEARCH, DEVELOPMENT, AND DEMONSTRATION- The Secretary shall transfer $40,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for research, development, and demonstration on advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, as authorized in section 911(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(A)).CommentsClose CommentsPermalink





(7) INDUSTRIAL ENERGY EFFICIENCY RESEARCH AND DEVELOPMENT- The Secretary shall transfer $110,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes, as authorized in section 911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and in section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111).CommentsClose CommentsPermalink





(8) BUILDING AND LIGHTING ENERGY EFFICIENCY RESEARCH AND DEVELOPMENT- The Secretary shall transfer $70,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings, as authorized in section 321(g) of the Energy Independence and Security Act of 2007 (42 U.S.C. 6295 note), section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082), and section 912 of the Energy Policy Act of 2005 (42 U.S.C. 16192).CommentsClose CommentsPermalink





(9) GEOTHERMAL ENERGY DEVELOPMENT- The Secretary shall transfer $30,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for geothermal research and development activities to be managed by the National Renewable Energy Laboratory, as authorized by sections 613, 614, 615, and 616 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17192-95) and section 931(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(C)).CommentsClose CommentsPermalink





(10) SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION- The Secretary shall transfer $30,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for research, development, and demonstration of smart grid technologies, as authorized by section 1304 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17384).CommentsClose CommentsPermalink





(11) CARBON CAPTURE AND STORAGE- The Secretary shall transfer $385,000,000 to the account ‘Fossil Energy Research and Development’, to remain available until expended, for necessary expenses for a program of demonstration projects of carbon capture and storage, and for a research program to address public health, safety, and environmental impacts, as authorized by section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) and sections 703 and 707 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17251, 17255).CommentsClose CommentsPermalink





(12) NONCONVENTIONAL DOMESTIC NATURAL GAS PRODUCTION AND ENVIRONMENTAL RESEARCH-CommentsClose CommentsPermalink





(A) The Secretary shall transfer $50,000,000 to the account authorized by section 999H(e) of the Energy Policy Act of 2005 (42 U.S.C. 16378(e)), to remain available until expended.CommentsClose CommentsPermalink





(B) The Secretary shall transfer $15,000,000 to the account ‘Fossil Energy Research and Development’, to remain available until expended, for necessary expenses for a program of basin-oriented assessments and public and private partnerships involving States and industry to foster the development of regional advanced technological, regulatory, and economic development strategies for the efficient and environmentally sustainable recovery and market delivery of natural gas and domestic petroleum resources within the United States, and for support for the Stripper Well Consortium.CommentsClose CommentsPermalink





(13) HYDROGEN RESEARCH AND DEVELOPMENT- The Secretary shall transfer $5,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, for necessary expenses for the Department of Energy’s H-Prize Program, as authorized by section 1008(f) of the Energy Policy Act of 2005 (42 U.S.C. 16396(f)).CommentsClose CommentsPermalink





(14) ENERGY STORAGE FOR TRANSPORTATION AND ELECTRIC POWER-CommentsClose CommentsPermalink





(A) The Secretary shall transfer $30,000,000 to the account ‘Basic Energy Sciences’, to remain available until expended, for necessary expenses for a program to accelerate basic research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution, as authorized by section 641(p)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(1)).CommentsClose CommentsPermalink





(B) The Secretary shall transfer $70,000,000 to the account ‘Energy Efficiency and Renewable Energy’, to remain available until expended, including--CommentsClose CommentsPermalink





(i) $30,000,000 for a program to accelerate applied research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution as authorized by section 641(p)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(2));CommentsClose CommentsPermalink





(ii) $20,000,000 for energy storage systems demonstrations as authorized by section 641(p)(4) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(4)); andCommentsClose CommentsPermalink





(iii) $20,000,000 for vehicle energy storage systems demonstrations as authorized by section 641(p)(5) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(5)).CommentsClose CommentsPermalink





(e) Transfer Procedures- The Secretary shall make an initial transfer from the Fund no later than 30 days after the initial deposit of monies into the Fund. The Secretary shall make additional transfers no later than 30 days after subsequent deposits. If the amount available to be transferred is less than the levels authorized under subsection (d), the transfers for each program shall be allocated on a pro rata basis. If the amount available to be transferred exceeds the levels authorized under subsection (d), the transfers for each program shall be increased on a pro rata basis.CommentsClose CommentsPermalink





(f) Management and Oversight-CommentsClose CommentsPermalink





(1) ADDITIONALITY OF FISCAL YEAR 2008 TRANSFERS- All amounts transferred under subsection (d) shall be in addition to, and shall not be substituted for, any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008.CommentsClose CommentsPermalink





(2) EXCESS FUNDS- The total of all amounts transferred under subsection (d) and any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008 may not exceed the amounts authorized in other Acts for such purposes. In the event that amounts made available under this title plus amounts under the Consolidated Appropriations Act, 2008 exceed the cumulative amounts authorized in other Acts for any program funded by this Act, the excess amounts shall be distributed to the other programs funded by this title on a pro rata basis.CommentsClose CommentsPermalink





(3) PROGRAM PLANS AND PERFORMANCE MEASURES- The Secretary shall prepare and publish in the Federal Register a plan for the proposed use of all funds authorized in subsection (d). The plan also shall identify how the use of these funds will be additive to, and not displace, annual appropriations. The plans also shall identify performance measures to assess the additional benefits that may be realized from the application of the additional funding provided under this section. The initial plan shall be published in the Federal Register not later than 45 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(4) CONGRESSIONAL OVERSIGHT AND REVIEW- Nothing in this section shall limit or restrict the review and oversight of program plans by the appropriate committees of Congress. Nothing in this section shall limit or restrict the authority of Congress to set alternative spending limitations in annual appropriations Acts.CommentsClose CommentsPermalink





(5) APPORTIONMENT- All transactions of the Fund shall be exempt from apportionment under the provisions of subchapter II of chapter 15 of title 31, United States Code.CommentsClose CommentsPermalink