S.Amdt. 1740Senate110th Congress (2007-2009)2nd degree
S.Amdt. 1740
Sponsored by 
Sen. Mark L. Pryor (D-AR)
Sen. Mark L. Pryor (D-AR)Submitted June 20, 2007
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
June 20, 2007
Text
Submitted
TEXT OF AMENDMENTS
SA 1716. Mr. WEBB submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 283, after line 20, insert the following:
(d) Major Energy Producer Records.--
(1) In general.--Following the declaration of an energy
emergency by the President under section 606, a major energy
producer (as defined by section 702) shall maintain and shall
make available to the Federal Trade Commission, such books,
accounts, memoranda, and other records as the Commission
determines are relevant to determine whether the producer is
in violation of this title.
(2) Retention.--A major energy producer subject to
paragraph (1) shall retain records required by paragraph (1)
for a period of 1 year after the expiration of the
declaration of an energy emergency.
______
SA 1717. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 59, after line 21, add the following:
SEC. 151. STUDY OF OFFSHORE WIND RESOURCES.
(a) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means a college or university that--
(A) as of the date of enactment of this Act, has an
offshore wind power research program; and
(B) is located in a region of the United States that is in
reasonable proximity to the eastern outer Continental Shelf,
as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Minerals
Management Service.
(b) Study.--The Secretary, in cooperation with an eligible
institution, as selected by the Secretary, shall conduct a
study to assess each offshore wind resource located in the
region of the eastern outer Continental Shelf.
(c) Report.--Upon completion of the study under subsection
(b), the Secretary shall submit to Congress a report that
includes--
(1) a description of--
(A) the locations and total power generation resources of
the best offshore wind resources located in the region of the
eastern outer Continental Shelf, as determined by the
Secretary;
(B) based on conflicting zones relating to any
infrastructure that, as of the date of enactment of this Act,
is located in close proximity to any offshore wind resource,
the likely exclusion zones of each offshore wind resource
described in subparagraph (A);
(C) the relationship of the temporal variation of each
offshore wind resource described in subparagraph (A) with--
(i) any other offshore wind resource; and
(ii) with loads and corresponding system operator markets;
(D) the geological compatibility of each offshore wind
resource described in subparagraph (A) with any potential
technology relating to sea floor towers; and
(E) with respect to each area in which an offshore wind
resource described in subparagraph (A) is located, the
relationship of the
[[Page S8094]]
authority under any coastal management plan of the State in
which the area is located with the Federal Government; and
(2) recommendations on the manner by which to handle
offshore wind intermittence.
(d) Incorporation of Study.--Effective beginning on the
date on which the Secretary completes the study under
subsection (b), the Secretary shall incorporate the findings
included in the report under subsection (c) into the planning
process documents for any wind energy lease sale--
(1) relating to any offshore wind resource located in any
appropriate area of the outer Continental Shelf, as
determined by the Secretary; and
(2) that is completed on or after the date of enactment of
this Act.
(e) Effect.--Nothing in this section--
(1) delays any final regulation to be promulgated by the
Secretary of the Interior to carry out section 8(p) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
(2) limits the authority of the Secretary to lease any
offshore wind resource located in any appropriate area of the
outer Continental Shelf, as determined by the Secretary.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000, to
remain available until expended.
______
SA 1718. Mr. GREGG (for himself, Mrs. Feinstein, Mr. Sununu, Mr. Kyl,
Mr. Ensign, Mrs. Hutchison, and Mr. Martinez) proposed an amendment to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; as follows:
Strike section 831 and insert the following:
SEC. 831. ELIMINATION OF ETHANOL TARIFF AND DUTY.
(a) In General.--
(1) Elimination of permanent tariff of 2.5 percent.--
Subheading 2207.10.60 of the Harmonized Tariff Schedule of
the United States is amended--
(A) by striking the column 1 general rate of duty and
inserting ``Free''; and
(B) by striking the matter contained in the column 1
special rate of duty column and inserting ``Free''.
(2) Elimination of permanent tariff of 1.9 percent.--
(A) In general.--Chapter 22 of the Harmonized Tariff
Schedule of the United States is amended by inserting in
numerical sequence the following new subheading:
`` 2207.20.20 Ethyl alcohol and Free Free (A+, AU, BH, 20% ''
other spirits, CA, CL, D, E, IL, .
denatured, of any J, JO, MA, MX, P,
strength (if used SG)
as a fuel or in a
mixture to be used
as a fuel)........
(B) Conforming amendment.--The article description for
subheading 2207.20.00 of the Harmonized Tariff Schedule of
the United States is amended by inserting ``(not provided for
in subheading 2207.20.20)'' after ``strength''.
(b) Repeal of Temporary Duty of 54 Cents Per Gallon.--
Subchapter I of chapter 99 of the Harmonized Tariff Schedule
of the United States is amended--
(1) by striking heading 9901.00.50; and
(2) by striking U.S. Notes 2 and 3 relating to heading
9901.00.50.
(c) Effective Date.--The amendments made by this section
apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
______
SA 1719. Mr. CORNYN (for himself, Mr. Durbin, Mrs. Hutchison, and Mr.
Obama) submitted an amendment intended to be proposed to amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 192, after line 21, add the following:
SEC. 305. FUTUREGEN GASIFICATION-BASED NEAR-ZERO EMISSIONS
POWER PLANT.
(a) Definitions.--In this section:
(1) Consortium.--The term ``Consortium'' means the
consortium described in subsection (c).
(2) Facility.--The term ``Facility'' means the FutureGen
Facility authorized under subsection (b).
(b) Authorization of Facility.--The Secretary shall
construct a facility, to be known as the ``FutureGen
Facility'', to determine the feasibility of integrating
commercial-scale gasification combined cycle power plant
technologies with advanced clean coal energy technologies,
including through carbon capture and geological
sequestration.
(c) Cooperative Agreement.--The Secretary shall offer to
enter into a cooperative agreement with a nonprofit
consortium of domestic and international coal-fueled power
producers, domestic and international coal companies, and
other interested parties to provide for the financing of the
Facility.
(d) Objectives.--The Secretary shall establish objectives
for the Facility, including objectives providing for--
(1) subject to the availability of appropriations and the
completion of an environmental impact statement by October
31, 2007, the operation of the Facility by December 31, 2012;
(2) the Facility to be designed in a manner that--
(A) achieves--
(i)(I) at least a 99-percent reduction in the quantity of
sulfur dioxide otherwise emitted by the Facility; or
(II) a sulfur dioxide emission level of 15 ppm, as measured
at the stack; and
(ii) at least a 90-percent reduction in the quantity of
mercury emitted as compared to the mercury content of the
coal fed to the gasifier;
(B) emits--
(i) not more than 0.05 pounds of nitrogen oxide emissions
per mmbtu of coal gasified; and
(ii) not more than 0.005 pounds of total particulate
emissions in the flue gas per million British thermal units;
(C) captures at least 90 percent of carbon dioxide
emissions;
(D) permanently sequesters at least 1,000,000 metric tons
per year of carbon dioxide in deep saline geological
formations; and
(E) can be used to determine the feasibility of ultimately
operating a commercial near-zero emission coal-fueled
powerplant at a cost that is not greater than 110 percent of
the average cost of operation of a similar facility operating
in the United States as of the date of enactment of this Act
that does not capture and sequester carbon dioxide,
including--
(i) evaluating alternative carbon dioxide monitoring
technologies and plant operational strategies that contribute
to ultimate commercial competitiveness of near-zero emission
technology; and
(ii) providing a sub-scale research platform to test new
systems and components that could reduce ultimate costs
without impairing the availability of the Facility to
operate; and
(3) building stakeholder acceptance of near-zero emission
technology, including the sequestration of carbon dioxide.
(e) System Integration.--To reduce technical risk and focus
development efforts on system integration, the Secretary
shall, to the maximum extent practicable, ensure that the
Facility is designed in a manner to use, as appropriate--
(1) available advanced clean coal technology; and
(2) state-of-the-art technology systems and components.
(f) Data Protection.--The Secretary may agree to protect
information from the facility to the same extent authorized
for the clean coal power initiative program under section
402(h) of the Energy Policy Act of 2005 (42 U.S.C. 15962(h)).
(g) Cost-Sharing Requirement.--
(1) In general.--The Facility shall be considered to be a
research and development activity subject to the cost-sharing
requirements of section 988(b) of the Energy Policy Act of
2005 (42 U.S.C. 16352(b)).
(2) Federal share.--The Secretary may credit toward the
Federal share for the Facility contributions received by the
Secretary from other countries.
(3) Non-federal share.--
(A) In general.--The non-Federal share shall be paid by the
Consortium.
(B) Source of funds.--To pay the non-Federal share, the
Consortium may use amounts made available to the Consortium
by States, technology providers, and other non-Federal
entities.
(h) Insufficient Funds.--
(1) Conveyance to secretary.--The Secretary may agree to
take title to the Facility if the Secretary determines that
the Consortium has insufficient funds to complete the
Facility.
[[Page S8095]]
(2) Insufficient appropriated funds.--If operations at the
Facility are terminated because of insufficient appropriated
Federal funds to complete the Facility, the Secretary may
agree to reimburse the Consortium for the Consortium's share
of the Facility costs.
(i) Title to Facility.--
(1) In general.--The Secretary may vest fee title or any
other property interests acquired in the Facility in any
entity, including the United States.
(2) Collateral.--The Secretary may agree to allow the
Consortium to use title to the Facility as collateral toward
any required financing for the Facility.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out this section for each of fiscal years
2008 through 2017.
______
SA 1720. Mr. INHOFE (for himself, Mr. Vitter, Mr. Voinovich, and Mr.
Craig) submitted an amendment intended to be proposed to amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 218, line 17, strike ``standard'' and insert
``standards''.
Beginning on page 220, strike line 13 and all that follows
through page 222, line 6, and insert the following:
(d) Identification of Standards.--
(1) In general.--For the purpose of subsection (c)(2), not
later than 1 year after the date of enactment of this Act,
the Administrator shall promulgate regulations to identify 1
or more standards that encourage a comprehensive and
environmentally-sound approach to certification of green
buildings.
(2) Basis.--The standards identified under paragraph (1)
shall be based on--
(A) a biennial study, which shall be carried out by the
Director to compare and evaluate standards;
(B) the ability and availability of assessors and auditors
to independently verify the criteria and measurement of
metrics at the scale necessary to implement this subtitle;
(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standards to be developed and
revised through a consensus-based process, as described in
Circular No. A-119 of the Office of Management and Budget;
(E) an evaluation of the adequacy of the standards, which
shall give credit for--
(i) efficient and sustainable use of water, energy, and
other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls; and
(iv) such other criteria as the Director determines to be
appropriate; and
(F) recognition as a national consensus standard.
(3) Biennial review.--The Director shall--
(A) conduct a biennial review of the standards identified
under paragraph (1); and
(B) include the results of each biennial review in the
report required to be submitted under subsection (c).
On page 238, line 9, strike ``the standard'' and insert ``a
standard''.
______
SA 1721. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
TITLE VIII--MISCELLANEOUS
SEC. 801. USE OF OFFSHORE OIL AND GAS PLATFORMS AND OTHER
FACILITIES FOR ALTERNATIVE ENERGY PRODUCTION.
(a) Definitions.--In this section:
(1) Alternative energy.--The term ``alternative energy''
means energy from a source other than oil or gas.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program under which the Secretary shall provide grants to pay
the Federal share of the cost of--
(A) converting offshore oil and gas platforms or other
facilities that are decommissioned from service for oil and
gas purposes to alternative energy production facilities; or
(B) using offshore oil and gas platforms or other
facilities that are being used for oil and gas purposes to
also produce alternative energy.
(2) Federal share.--The Federal share of the cost of
carrying out activities under paragraph (1) shall be not more
than 50 percent.
(3) Applicable law.--The Outer Continental Shelf Land Act
(43 U.S.C. 1301 et seq.) shall apply to any activities
carried out under this section.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(5) Termination of authority.--The authority of the
Secretary to provide grants under this section terminates on
the date that is 10 years after the date of enactment of this
Act.
______
SA 1722. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE IN
NONATTAINMENT AREAS.
Section 109 of the Clean Air Act (42 U.S.C. 7409) is
amended by adding at the end the following:
``(e) Nonattainment Areas.--In any area designated by the
Administrator as a nonattainment area under section 107 for
purposes of a national ambient air quality standard for
ozone--
``(1) the requirements that apply with respect to fees
under section 182(d)(3) or 185, source permitting under
subparagraph (C) or (I) of section 110(a)(2), contingency
measures under section 172(c)(9) or 182(c)(9), or motor
vehicle emission budgets under section 176, as in effect at
the time of application of the requirements, shall be the
requirements that apply for purposes of the national ambient
air quality standard for ozone; and
``(2) the requirements that applied under a national
ambient air quality standard for ozone shall not apply for
purposes of the standard if the requirements were--
``(A) revoked, rescinded, or withdrawn by the Administrator
or are otherwise not in effect at the time of application of
the requirements; and
``(B) less stringent than the national ambient air quality
standard for ozone that is in effect at the time of
application of the requirements.''.
______
SA 1723. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 161, between lines 2 and 3, insert the following:
SEC. 269. EXTENDED ATTAINMENT DATE FOR CERTAIN DOWNWIND
AREAS.
Section 181 of the Clean Air Act (42 U.S.C. 7511) is
amended by adding at the end the following:
``(d) Extended Attainment Date for Certain Downwind
Areas.--
``(1) Definitions.--In this subsection:
``(A) Current classification.--The term `current
classification' means--
``(i) any classification of an area on the date on which
the Administrator determines that the area is a downwind
area; and
``(ii) with respect to any reclassification made by the
Administrator under subsection (b)(2)(A) after the date of
enactment of this subsection, the classification of an area
on the date immediately before the date on which the
Administrator reclassified the area.
``(B) Downwind area.--The term `downwind area' means any
area that the Administrator classifies as a downwind area
under paragraph (2).
``(C) Eligible implementation plan revision.--The term
`eligible implementation plan revision' means a revision of
an implementation plan for a downwind area that--
``(i) complies with each requirement of this Act relating
to the current classification of a downwind area (including
any requirement relating to any nonattainment plan provision
described in section 172(c)); and
``(ii) includes any other additional provision necessary to
demonstrate that, not later than the date on which the
attainment
[[Page S8096]]
date for the downwind area is extended under paragraph (3),
the downwind area shall demonstrate attainment of each
national standard, as determined by the Administrator.
``(D) National standard.--The term `national standard'
means--
``(i) the national primary ambient air quality standard for
ozone; and
``(ii) the national secondary ambient air quality standard
for ozone.
``(E) Necessary final reduction in pollution transport.--
The term `necessary final reduction in pollution transport'
means the final reduction in pollution transport of an upwind
area that is necessary for a downwind area to achieve
attainment of each national standard, as determined by the
Administrator.
``(F) Upwind area.--The term `upwind area' means an area
that--
``(i) significantly contributes to the nonattainment by a
downwind area of any national standard, as determined by the
Administrator; and
``(ii) is--
``(I) a nonattainment area that has an attainment date for
a national standard that is later than the attainment date of
the downwind area for which the nonattainment area
significantly contributes to nonattainment under clause (i);
or
``(II) an area--
``(aa) that is located in a State other than the State in
which the downwind area is located for which the
nonattainment area significantly contributes to nonattainment
under clause (i); and
``(bb) for which the Administrator, by regulation, has
established 1 or more requirements to eliminate any emission
generated by the area that significantly contributes to the
nonattainment of the downwind area, as determined by the
Administrator under clause (i).
``(2) Classification of downwind area.--The Administrator
shall designate as a downwind area any area--
``(A) that has not attained a national standard; and
``(B) for which an upwind area significantly contributes to
the nonattainment by the downwind area of any national
standard described in subparagraph (A), as determined by the
Administrator.
``(3) Extension of attainment date.--
``(A) In general.--Except as provided in subparagraph (B),
in accordance with paragraph (4), the Administrator shall
extend the attainment date of any national standard
applicable to a downwind area if, before the date on which
the Administrator is required to determine whether to
reclassify the downwind area under subsection (b)(2)(A), the
Administrator approves an eligible implementation plan
revision for the downwind area.
``(B) Reclassified downwind areas.--
``(i) Prior reclassifications.--The Administrator shall
withdraw any reclassification of a downwind area made by the
Administrator under subsection (b)(2)(A), and extend the
attainment date applicable to the downwind area in accordance
with paragraph (4), if--
``(I) not earlier than April 1, 1997, the Administrator
reclassified the downwind area under subsection (b)(2)(A);
and
``(II) not later than 1 year after the date of enactment of
this subsection, the Administrator approves an eligible
implementation plan revision for the downwind area.
``(ii) Future reclassifications.--The Administrator shall
withdraw any reclassification of a downwind area made by the
Administrator under subsection (b)(2)(A) after the date of
enactment of this subsection, and extend the attainment date
applicable to the downwind area in accordance with paragraph
(4), if, not later than 1 year after the date on which the
Administrator reclassifies the downwind area, the
Administrator approves an eligible implementation plan
revision for the downwind area.
``(4) Length of extension of attainment date.--
``(A) In general.--Subject to subparagraph (B), in
extending the attainment date applicable to a downwind area
under paragraph (3), the Administrator shall extend the
attainment date to the earliest practicable date on which the
downwind area could achieve attainment of each national
standard, as determined by the Administrator.
``(B) Maximum length of extension.--In extending the
attainment date of a downwind area under paragraph (3), the
Administrator shall extend the attainment date of the
downwind area to a date not later than the date on which the
upwind area contributing to nonattainment of the downwind
area is required to achieve a necessary final reduction in
pollution transport.''.
______
SA 1724. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 21, line 17, strike ``90'' and insert ``30''.
______
SA 1725. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 21, strike line 20 and insert the following:
(3) Automatic waiver approval.--If the President fails to
approve or disapprove a petition for waiver of the
requirements of subsection (a) by the deadline specified in
paragraph (2), the waiver shall be considered to be granted.
(4) Termination of waivers.--A waiver
On page 22, line 1, strike ``(4)'' and insert ``(5)''.
______
SA 1726. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 59, after line 21, add the following:
SEC. 151. COMMISSION ON RENEWABLE ENERGY.
(a) Establishment.--There is established a commission to be
known as the ``Commission on Renewable Energy'' (referred to
in this section as the ``Commission'')--
(1) to advise Congress on--
(A) issues relating to renewable energy research and
development; and
(B) policies relating to the expansion of the use of
renewable energy in the energy markets of the United States;
and
(2) to facilitate collaboration among Federal agencies
relating to the execution of national renewable energy
objectives.
(b) Membership.--
(1) Composition.--The Commission shall be composed of--
(A) the Secretary (or a designee);
(B) the Secretary of Agriculture (or a designee);
(C) the Secretary of Commerce (or a designee);
(D) the Administrator of the National Oceanic and
Atmospheric Administration (or a designee);
(E) the Director of the National Science Foundation (or a
designee);
(F) the Director of the Office of Science and Technology
Policy (or a designee);
(G) the Director of the Office of Management and Budget (or
a designee); and
(H) 7 representatives selected in accordance with paragraph
(3), to be comprised of representatives of--
(i) national laboratories;
(ii) State laboratories;
(iii) industry;
(iv) trade groups; and
(v) State agencies.
(2) Eligibility of designees.--To serve as a member of the
Commission, an individual designated to serve under
subparagraphs (A) through (G) of paragraph (1) shall be of a
position not lower than Assistant Secretary (or an equivalent
position).
(3) Representatives.--
(A) Selection.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in accordance with
subparagraph (B), and in consultation with each individual
described in subparagraphs (A) through (G) of paragraph (1),
shall select representatives from each group described in
subparagraph (H) to serve as members of the Commission.
(B) Qualifications.--A representative selected under
subparagraph (A) shall be an individual who, by reason of
professional background and experience, is specially
qualified to serve as a member of the Commission.
(C) Term.--A representative selected under subparagraph (A)
shall serve for a term of 4 years.
(D) Treatment.--A representative selected under
subparagraph (A) shall--
(i) serve without compensation; and
(ii) be considered an employee of the Federal Government in
the performance of those services for the purposes of--
(I) chapter 81 of title 5, United States Code; and
(II) chapter 171 of title 28, United States Code.
(c) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson, but not less often than quarterly.
(2) Form of meetings.--The Commission may meet in person or
through electronic means.
(e) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(f) Chairperson.--
(1) Selection.--
[[Page S8097]]
(A) In general.--Subject to subparagraph (B), the
Commission shall select a Chairperson--
(i) from among the members of the Commission; and
(ii) through a unanimous vote of approval.
(B) Initial selection.--The Secretary shall select the
initial Chairperson.
(2) Term.--The Chairperson shall serve for a term of 6
years.
(g) Duties.--
(1) In general.--The Commission shall--
(A) promote research and development of renewable energy,
including--
(i) wind energy;
(ii) wave energy;
(iii) solar energy;
(iv) geothermal energy; and
(v) the production of biofuels (with particular emphasis on
the production of biofuels based on cellulosic fuels);
(B) identify and recommend public and private research
institutions to carry out that research and development; and
(C) in consultation with renewable energy experts regarding
renewable energy policies, develop policy recommendations for
Federal agencies.
(2) Studies.--Not later than 90 days after the date on
which the Commission holds the initial meeting of the
Commission, and every 4 years thereafter, the Chairperson of
the Commission, acting through the Secretary, shall enter
into an arrangement with the National Academy of Sciences
under which the Academy shall conduct a study to assess, for
the period covered by the study, issues relating to--
(A) any advancement made relating to renewable energy; and
(B) the adoption of each advancement described in
subparagraph (A) into the energy markets of the United
States.
(3) Annual report.--Not later than 1 year after the date on
which the Commission holds the initial meeting of the
Commission, and annually thereafter, the Commission shall
submit to Congress a report that contains--
(A) a detailed statement describing each activity carried
out by the Commission; and
(B) the recommendations of the Commission relating to the
funding of research for the development of renewable energy
by--
(i) the Federal Government;
(ii) the industrial sector of the United States; and
(iii) any other country.
(h) Powers.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(C) Confidentiality.--Any information provided by a Federal
agency to the Commission under this paragraph shall be
confidential commercial or financial information for the
purposes of section 552(b)(4) of title 5, United States Code,
if the Federal agency obtained the information from an entity
other than a Federal agency.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--
(A) In general.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(B) Annual report.--Not later than 1 year after the date on
which the Commission holds the initial meeting of the
Commission, and annually thereafter, the Commission shall
submit to Congress a report that describes each gift received
by each member of the Commission during the period covered by
the report.
(i) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(j) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(k) Termination of Commission.--The Commission shall
terminate on October 1, 2016.
______
SA 1727. Mr. REED (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. RENEWABLE ELECTRICITY PRODUCTION CREDIT ALLOWED FOR
LANDFILL GAS FACILITIES WHICH PRODUCE FUEL FROM
A NONCONVENTIONAL SOURCE.
(a) In General.--Section 45(e)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(C) Special rule for certain facilities.--
``(i) In general.--The amount of qualified energy resources
taken into account under subsection (a) at any qualified
facility described in clause (ii) shall be reduced by the
amount of such resources used in producing qualified fuels
(as defined by section 45K(c)) at such facility.
``(ii) Qualified facility described.--A qualified facility
is described in this clause if such facility--
``(I) is placed in service after the date of the enactment
of this subparagraph, and
``(II) produces electricity from gas derived from the
biodegradation of municipal solid waste and such
biodegradation occurred in a facility (within the meaning of
section 45K) the production from which a credit is allowed
under section 45K for the taxable year.''.
(b) Conforming Amendment.--Subparagraph (A) of section
45(e)(9) of such Code is amended by inserting ``which is
placed in service before the date of the enactment of
subparagraph (C) and'' after ``shall not include an
facility''.
(c) Effective Date.--The amendment made by this section
shall apply to electricity produced and sold after the date
of the enactment of this Act.
______
SA 1728. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CREDIT FOR CORROSION PREVENTION AND MITIGATION
MEASURES.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the
following new section:
``SEC. 45O. CORROSION PREVENTION AND MITIGATION MEASURES.
``(a) In General.--For purposes of section 38, the
corrosion prevention and mitigation credit determined under
this section for the taxable year is an amount equal to 50
percent of the excess of--
``(1) qualified corrosion prevention and mitigation
expenditures with respect to qualified property, over
``(2) the amount such expenditures would have been, taking
into account--
``(A) amounts paid or incurred to satisfy Federal, State,
or local requirements, and
``(B) amounts paid for corrosion prevention practices, as
certified by a person certified pursuant to subsection
(b)(2).
``(b) Qualified Corrosion Prevention and Mitigation
Expenditures.--For purposes of this section--
``(1) In general.--The term `qualified corrosion prevention
and mitigation expenditures' means amounts paid or incurred
by the taxpayer during the taxable year for engineering
design, materials, and application and installation of
corrosion prevention and mitigation technology.
``(2) Certification may be required.--The Secretary shall
require by regulation that no amount be taken into account
under paragraph (1) for any design, material, application, or
installation unless such design, material, application, or
installation meets such certification requirements. Such
requirements shall provide for accreditation of certifying
persons by an independent entity with expertise in corrosion
prevention and mitigation technology.
``(3) Corrosion prevention and mitigation technology.--
Corrosion prevention and mitigation technology includes a
system comprised of at least one of the following: a
corrosion-protective coating or paint; chemical treatment;
corrosion-resistant metals; and cathodic protection. The
Secretary from time to time by regulations or other guidance
may modify the list contained in the preceding sentence to
reflect changes in corrosion prevention and mitigation
technology.
``(4) Qualified property.--The term `qualified property'
means property which is--
``(A) comprised primarily of a metal susceptible to
corrosion,
``(B) of a character subject to the allowance for
depreciation,
``(C) originally placed in service or owned by the
taxpayer, and
``(D) located in the United States.
``(c) Recapture of Credit.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified
property for which a credit was allowed under subsection (a),
the
[[Page S8098]]
tax of the taxpayer under this chapter for such taxable year
shall be increased by an amount equal to the product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed under
section 38 for all prior taxable years which would have
resulted if the qualified corrosion prevention and mitigation
expenditures of the taxpayer with respect to such property
had been zero.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection, the
applicable recapture percentage shall be determined from the
following table:
``If the property ceases to be qualified prThe recapture percentage is:
(i) One full year after placed in service........................100
(ii) One full year after the close of the period described in clause
(i).............................................................80
(iii) One full year after the close of the period described in clause
(ii)............................................................60
(iv) One full year after the close of the period described in clause
(iii)...........................................................40
(v) One full year after the close of the period described in clause
(iv)............................................................20.
``(B) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(i) Cessation of use.--The cessation of use of the
qualified property.
``(ii) Change in ownership.--
``(I) In general.--Except as provided in subclause (II),
the disposition of a taxpayer's interest in the qualified
property with respect to which the credit described in
subsection (a) was allowable.
``(II) Agreement to assume recapture liability.--Subclause
(I) shall not apply if the person acquiring the qualified
property agrees in writing to assume the recapture liability
of the person disposing of the qualified property. In the
event of such an assumption, the person acquiring the
qualified property shall be treated as the taxpayer for
purposes of assessing any recapture liability (computed as if
there had been no change in ownership).
``(III) Special rule for tax exempt entities.--Subclause
(II) shall not apply to any tax exempt entity (as defined in
section 168(h)(2)).
``(iii) Special rules.--
``(I) Tax benefit rule.--The tax for the taxable year shall
be increased under paragraph (1) only with respect to credits
allowed by reason of this section which were used to reduce
tax liability. In the case of credits not so used to reduce
tax liability, the carryforwards and carrybacks under section
39 shall be appropriately adjusted.
``(II) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under this chapter or for purposes of section 55.
``(III) No recapture by reason of casualty loss.--The
increase in tax under this subsection shall not apply to a
cessation of operation of the property as qualified property
by reason of a casualty loss to the extent such loss is
restored by reconstruction or replacement within a reasonable
period established by the Secretary.
``(d) Denial of Double Benefit.--For purposes of this
subtitle--
``(1) Basis adjustments.--
``(A) In general.--If a credit is determined under this
section for any expenditure with respect to any property, the
increase in the basis of such property which would (but for
this subsection) result from such expenditure shall be
reduced by the amount of the credit so allowed.
``(B) Certain dispositions.--If, during any taxable year,
there is a recapture amount determined with respect to any
property the basis of which was reduced under subparagraph
(A), the basis of such property (immediately before the event
resulting in such recapture) shall be increased by an amount
equal to such recapture amount. For purposes of the preceding
sentence, the term `recapture amount' means any increase in
tax (or adjustment in carrybacks or carryovers) determined
under subsection (c).
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under this chapter for any expense taken
into account under this section.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this section.
``(f) Termination.--This section shall not apply to any
taxable year beginning after December 31, 2017.''.
(b) Credit Made Part of General Business Credit.--
Subsection (b) of section 38 of such Code (relating to
current year business credit) is amended by striking ``plus''
at the end of paragraph (30), by striking the period at the
end of paragraph (31) and inserting ``, plus'', and by adding
at the end thereof the following new paragraph:
``(32) Corrosion prevention and mitigation credit
determined under section 45O(a).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 45N
the following new item:
``Sec. 45O. Corrosion prevention and mitigation measures.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______
SA 1729. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. OFFSHORE RENEWABLE ENERGY.
(a) Leases, Easements, or Rights-of-Way for Energy and
Related Purposes.--Section 8(p) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Competitive or noncompetitive basis.--Any lease,
easement, or right-of-way under paragraph (1) shall be issued
on a competitive basis, unless--
``(A) the lease, easement, or right-of-way relates to a
project that meets the criteria established under section
388(d) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note;
Public Law 109-58);
``(B) the lease, easement, or right-of-way--
``(i) is for the placement and operation of a
meteorological or marine data collection facility; and
``(ii) has a term of not more than 5 years; or
``(C) the Secretary determines, after providing public
notice of a proposed lease, easement, or right-of-way, that
no competitive interest exists.''; and
(2) by adding at the end the following:
``(11) Clarification.--
``(A) In general.--Subject to subparagraph (B), the Federal
Energy Regulatory Commission shall not have authority to
approve or license a wave or current energy project on the
outer Continental Shelf under part I of the Federal Power Act
(16 U.S.C. 792 et seq.)
``(B) Transmission of power.--Subparagraph (A) shall not
affect any authority of the Commission with respect to the
transmission of power generated from a project described in
subparagraph (A).''.
(b) Projects in State Waters.--
(1) Memorandum of understanding.--
(A) In general.--Not later than 90 days after the date of
receipt of a request of a State, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') shall enter into a memorandum of
understanding with the State with respect to the
authorization of ocean energy projects (including wave,
current, and tidal energy projects) located in offshore
waters and submerged land over which the State has
jurisdiction.
(B) Participation by secretary of interior.--To the extent
that a project described in subparagraph (A) involves any
Federal submerged land or water on the outer Continental
Shelf, the Secretary of the Interior shall also be a party to
the applicable memorandum of understanding under this
paragraph.
(C) Goal.--The goal of a memorandum of understanding under
this paragraph shall be to ensure coordination among the
Commission, the States, and the Secretary of the Interior, as
applicable, to facilitate the consideration of authorizations
for ocean energy projects.
(2) Commission procedures.--Not later than 1 year after the
date of enactment of this Act, the Commission shall publish
regulations that--
(A) establish a permitting process for wave, current, and
tidal energy projects in submerged land and offshore waters
under the jurisdiction of a State; and
(B) take into consideration, and provide for--
(i) the specific technological, environmental, and other
unique characteristics of those projects; and
(ii) the size and scope of the projects.
(3) Effect of subsection.--Nothing in this subsection
alters, limits, or modifies any claim of a State to any
jurisdiction over, or any right, title, or interest in,
submerged land or offshore water of the State.
(c) Consideration of Certain Requests for Authorization.--
In considering a request for authorization of a project
pending before the Commission as of the date of enactment of
this Act, the Secretary of the Interior shall rely, to the
maximum extent practicable, on the materials submitted to the
Commission before that date.
(d) Savings Provision.--Nothing in this section or an
amendment made by this section requires the resubmission of
any document that was previously submitted, or the
reauthorization of any action that was previously authorized,
with respect to a project for which a preliminary permit was
issued by the Commission before the date of enactment of this
Act.
______
SA 1730. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting
[[Page S8099]]
new emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. OFFSHORE RENEWABLE ENERGY.
Section 8(p) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)) is amended by striking paragraph (3) and
inserting the following:
``(3) Competitive or noncompetitive basis.--Any lease,
easement, or right-of-way under paragraph (1) shall be issued
on a competitive basis, unless--
``(A) the lease, easement, or right-of-way relates to a
project that meets the criteria established under section
388(d) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note;
Public Law 109-58);
``(B) the lease, easement, or right-of-way--
``(i) is for the placement and operation of a
meteorological or marine data collection facility; and
``(ii) has a term of not more than 5 years; or
``(C) the Secretary determines, after providing public
notice of a proposed lease, easement, or right-of-way, that
no competitive interest exists.''.
______
SA 1731. Mr. SUNUNU submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 38, after line 17, insert the following:
SEC. 809A. CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES.
(a) Allowance of Credit.--Subsection (a) of section 25D
(relating to allowance of credit), as amended by this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(5) 30 percent of the qualified biomass fuel property
expenditures made by the taxpayer during such year.''.
(b) Maximum Credit.--Paragraph (1) of section 25D(b)
(relating to maximum credit), as amended by this Act, is
amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by striking the period at the end of subparagraph (D)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(E) $4,000 with respect to any qualified biomass fuel
property expenditures.''.
(c) Maximum Expenditures.--Subparagraph (A) of section
25D(e)(4) (relating to maximum expenditures in case of joint
occupancy) is amended--
(1) by striking ``and'' at the end of clause (ii),
(2) by striking the period at the end of clause (iii) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iv) $13,334 in the case of any qualified biomass fuel
property expenditures.''.
(d) Qualified Biomass Fuel Property Expenditures.--
Subsection (d) of section 25D (relating to definitions), as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(5) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for property--
``(i) which uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency rating of at least 75
percent.
``(B) Biomass fuel.--For purposes of this section, the term
`biomass fuel' means any plant-derived fuel available on a
renewable or recurring basis, including agricultural crops
and trees, wood and wood waste and residues (including wood
pellets), plants (including aquatic plants), grasses,
residues, and fibers.''.
(e) Effective Date.--The amendments made by this subsection
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2007.
______
SA 1732. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 69, lines 17 to 20, strike ``to so much of the
renewable diesel produced at such facility and sold or used
during the taxable year in a qualified biodiesel mixture as
exceeds 60,000,000 gallons''.
______
SA 1733. Mr. KYL (for himself, Mr. Lott, and Mr. McConnell) submitted
an amendment intended to be proposed to amendment SA 1704 proposed by
Mr. Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr.
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; as follows:
At the end of subtitle B of title VIII add the following:
SEC. ___. CONDITION PRECEDENT FOR THE EFFECTIVE DATE OF
REVENUE RAISERS.
Notwithstanding the provisions of this subtitle, the
amendments made by this subtitle shall not take effect unless
the Secretary of Energy certifies that such amendments shall
not increase gasoline retail prices and the reliance of the
United States on foreign sources of energy.
______
SA 1734. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the end of section 403 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 500 note;
Public Law 106-393) (as amended by section [___] of the
amendment), add the following:
``(c) Audit.--
``(1) In general.--Not later than 30 days after the end of
each fiscal year in which a county receives payments under
title I or the payment in lieu of taxes program under chapter
69 of title 31, United States Code, the county shall submit
to the State in which the county is located an audit of the
expenditure of the payments by the county during the
preceding fiscal year.
``(2) Failure to report.--If, during any fiscal year, a
county described in paragraph (1) fails to submit the audit
by the deadline described in that paragraph, the county shall
be ineligible for payments under this Act or the payment in
lieu of taxes program under chapter 69 of title 31, United
States Code, as applicable, for the subsequent fiscal year.
``(3) Certification.--The State shall--
``(A) not later than 60 days after the end of the fiscal
year in which the audits were submitted under paragraph (1),
certify the audits; and
``(B) on certification of the audit under subparagraph (A),
submit the certified audit to the Secretary concerned.
``(4) Report.--Not later than 90 days after the end of the
fiscal year in which the audits were submitted under
paragraph (1), the Secretary concerned shall submit to the
appropriate committees of Congress a report that describes
the results of the audits submitted and certified under this
subsection.''.
______
SA 1735. Mr. OBAMA submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 6, strike line 17 and all that follows
through page 7, line 16, and insert the following:
[[Page S8100]]
(1) Advanced biofuel.--The term ``advanced biofuel'' means
fuel produced in the United States--
(A) that meets the requirements of an appropriate American
Society for Testing and Materials standard; and
(B) the lifecycle greenhouse gas emissions of which are at
least 50 percent lower than the average lifecycle greenhouse
gas emissions of conventional fuel, as determined by the
Administrator of the Environmental Protection Agency.
On page 7, between lines 23 and 24, insert the following:
(4) Conventional fuel.--The term ``conventional fuel''
means any fossil-fuel based transportation fuel, boiler fuel,
or home heating fuel used in the United States as of the date
of enactment of this Act.
On page 7, line 24, strike ``(4)'' and insert ``(5)''.
On page 9, line 11, strike ``(5)'' and insert ``(6)''.
On page 10, line 1, strike ``(6)'' and insert ``(7)''.
On page 10, line 3, strike ``(7)'' and insert ``(8)''.
On page 10, line 16, strike ``President'' and insert
``Administrator of the Environmental Protection Agency''.
On page 11, line 15, strike ``gasoline'' and insert
``conventional fuel''.
On page 13, line 3, strike ``2016'' and insert ``2012''.
On page 13, between lines 5 and 6, strike the table and
insert the following:
Applicable volume of advanced biofuels
Calendar year: (in billions of gallons):
2012..........................................................0.5....
2013..........................................................1.5....
2014..........................................................2.5....
2015..........................................................3.5....
2016..........................................................4.5....
2017..........................................................6.0....
2018..........................................................9.0....
2019.........................................................12.0....
2020.........................................................15.0....
2021.........................................................18.0....
2022.........................................................21.0....
______
SA 1736. Mr. REID submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
TITLE __--CLEAN RENEWABLE ENERGY AND ECONOMIC DEVELOPMENT
SEC. _01. SHORT TITLE.
This title may be cited as the ``Clean Renewable Energy and
Economic Development Act''.
SEC. _2. FINDINGS.
Congress finds that--
(1) electricity produced from renewable resources--
(A) helps to reduce emissions of greenhouse gases and other
air pollutants;
(B) enhances national energy security;
(C) conserves water and finite resources; and
(D) provides substantial economic benefits, including job
creation and technology development;
(2) the potential exists for a far greater percentage of
electricity generation in the United States to be achieved
through the use of renewable resources, as compared to the
percentage of electricity generation using renewable
resources in existence as of the date of enactment of this
Act;
(3) many of the best potential renewable energy resources
are located in rural areas far from population centers;
(4) the lack of adequate electric transmission capacity is
a primary obstacle to the development of electric generation
facilities fueled by renewable energy resources;
(5) the economies of many rural areas would substantially
benefit from the increased development of water-efficient
electric generation facilities fueled by renewable energy
resources;
(6) more efficient use of the existing excess transmission
capacity, better integration of resources, and greater
investments in distributed generation and off-grid solutions
may increase the availability of transmission and
distribution capacity for adding renewable resources and help
keep ratepayer costs low;
(7) the Federal Government has not adequately invested in
or implemented an integrated approach to accelerating the
development, commercialization, and deployment of renewable
energy technologies and renewable electricity generation,
including through enhancing distributed generation or through
vehicle- and transportation-sector use; and
(8) it is in the national interest for the Federal
Government to implement policies that would enhance the
quantity of electric transmission capacity available to take
full advantage of the renewable energy resources available to
generate electricity, and to more fully integrate renewable
energy into the energy policies of the United States, and to
address the tremendous national security and global warming
challenges of the United States.
SEC. 3. NATIONAL RENEWABLE ENERGY ZONES.
(a) In General.--Title II of the Federal Power Act (16
U.S.C. 824 et seq.) is amended--
(1) by inserting before the section heading of section 201
(16 U.S.C. 824 et seq.) the following:
``Subpart A--Regulation of Electric Utility Companies'';
and
(2) by adding at the end the following:
``Subpart B--National Renewable Energy Zones
``SEC. 231. DEFINITIONS.
``In this subpart:
``(1) Biomass.--
``(A) In general.--The term `biomass' means--
``(i) any lignin waste material that is segregated from
other waste materials and is determined to be nonhazardous by
the Administrator of the Environmental Protection Agency; and
``(ii) any solid, nonhazardous, cellulosic material that is
derived from--
``(I) mill residue, precommercial thinnings, slash, brush,
or nonmerchantable material;
``(II) solid wood waste materials, including a waste
pallet, a crate, dunnage, manufacturing and construction wood
wastes, and landscape or right-of-way tree trimmings;
``(III) agriculture waste, including an orchard tree crop,
a vineyard, a grain, a legume, sugar, other crop byproducts
or residues, and livestock waste nutrients; or
``(IV) a plant that is grown exclusively as a fuel for the
production of electricity.
``(B) Inclusions.--The term `biomass' includes animal waste
that is converted to a fuel rather than directly combusted,
the residue of which is converted to a biological fertilizer,
oil, or activated carbon.
``(C) Exclusions.--The term `biomass' does not include--
``(i) municipal solid waste;
``(ii) paper that is commonly recycled; or
``(iii) pressure-treated, chemically-treated, or painted
wood waste.
``(2) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(3) Distributed generation.--The term `distributed
generation' means--
``(A) reduced electricity consumption from the electric
grid because of use by a customer of renewable energy
generated at a customer site; and
``(B) electricity or thermal energy production from a
renewable energy resource for a customer that is not
connected to an electric grid or thermal energy source
pipeline.
``(4) Electricity consuming area.--The term `electricity
consuming area' means the area within which electric energy
would be consumed if new high-voltage electric transmission
facilities were to be constructed to access renewable
electricity in a national renewable energy zone.
``(5) Electricity from renewable energy.--The term
`electricity from renewable energy' means--
``(A) electric energy generated from solar energy, wind,
biomass, landfill gas, the ocean (including tidal, wave,
current, and thermal energy), geothermal energy, or municipal
solid waste; or
``(B) new hydroelectric generation capacity achieved from
increased efficiency, or an addition of new capacity, at an
existing hydroelectric project.
``(6) Federal transmitting utility.--The term `Federal
transmitting utility' means--
``(A) a Federal power marketing agency that owns or
operates an electric transmission facility; and
``(B) the Tennessee Valley Authority.
``(7) Fuel cell vehicle.--The term `fuel cell vehicle'
means an onroad vehicle or nonroad vehicle that uses a fuel
cell (as defined in section 803 of the Spark M. Matsunaga
Hydrogen Act of 2005 (42 U.S.C. 16152)).
``(8) Grid-enabled vehicle.--The term `grid-enabled
vehicle' means an electric drive vehicle or fuel cell vehicle
that has the ability to communicate electronically with an
electric power provider or with a localized energy storage
system with respect to charging and discharging an onboard
energy storage device, such as a battery.
``(9) High-voltage electric transmission facility.--The
term `high-voltage electric transmission facility' means 1 of
the electric transmission facilities that--
``(A) are necessary for the transmission of electric power
from a national renewable energy zone to an electricity-
consuming area in interstate commerce; and
``(B) has a capacity in excess of 200 kilovolts.
``(10) Indian land.--The term `Indian land' means--
``(A) any land within the limits of any Indian reservation,
pueblo, or rancheria;
``(B) any land not within the limits of any Indian
reservation, pueblo, or rancheria title to which was, on the
date of enactment of this subpart--
``(i) held in trust by the United States for the benefit of
any Indian tribe or individual; or
``(ii) held by any Indian tribe or individual subject to
restriction by the United States against alienation;
``(C) any dependent Indian community; and
``(D) any land conveyed to any Alaska Native corporation
under the Alaska Native
[[Page S8101]]
Claims Settlement Act (42 U.S.C. 1601 et seq.).
``(11) Network upgrade.--The term `network upgrade' means
an addition, modification, or upgrade to the transmission
system of a transmission provider required at or beyond the
point at which the generator interconnects to the
transmission system of the transmission provider to
accommodate the interconnection of 1 or more generation
facilities to the transmission system of the transmission
provider.
``(12) Renewable electricity connection facility.--
``(A) In general.--The term `renewable electricity
connection facility' means an electricity generation or
transmission facility that uses renewable energy sources.
``(B) Inclusions.--The term `renewable electricity
connection facility' includes inverters, substations,
transformers, switching units, storage units and related
facilities, and other electrical equipment necessary for the
development, siting, transmission, storage, and
interconnection of electricity generated from renewable
energy sources.
``(13) Renewable energy credit.--The term `renewable energy
credit' means a unique instrument representing 1 or more
units of electricity generated from renewable energy that is
designated by a widely-recognized certification organization
approved by the Commission or the Secretary of Energy.
``(14) Renewable energy trunkline.--
``(A) In general.--The term `renewable energy trunkline'
means all transmission facilities and equipment within a
national renewable energy zone owned, controlled, or operated
by a transmission provider from the point at which the
ownership changes from the generation owner to the
transmission system of the transmission provider to the point
at which the facility connects to a high-voltage transmission
facility, including any modifications, additions or upgrades
to the facilities and equipment, at a voltage of 115
kilovolts or more.
``(B) Exclusion.--The term `renewable energy trunkline'
does not include a network upgrade.
``SEC. 232. DESIGNATION OF NATIONAL RENEWABLE ENERGY ZONES.
``(a) In General.--Not later than 1 year after the date of
enactment of this subpart, the President shall designate as a
national renewable energy zone each geographical area that,
as determined by the President--
``(1) has the potential to generate in excess of 1 gigawatt
of electricity from renewable energy, a significant portion
of which could be generated in a rural area or on Federal
land within the geographical area;
``(2) has an insufficient level of electric transmission
capacity to achieve the potential described in paragraph (1);
and
``(3) has the capability to contain additional renewable
energy electric generating facilities that would generate
electricity consumed in 1 or more electricity consuming areas
if there were a sufficient level of transmission capacity.
``(b) Renewable Energy Requirements.--In making the
designations required by subsection (a), the President shall
take into account Federal and State requirements for
utilities to incorporate renewable energy as part of the load
of electric generating facilities.
``(c) Consultation.--Before making any designation under
subsection (a), the President shall consult with--
``(1) the Governors of affected States;
``(2) the public;
``(3) public and private electricity and transmission
utilities and cooperatives;
``(4) Federal and State land management and energy and
environmental agencies;
``(5) renewable energy companies;
``(6) local government officials;
``(7) renewable energy and energy efficiency interest
groups;
``(8) Indian tribes; and
``(9) environmental protection and land, water, and
wildlife conservation groups.
``(d) Recommendations.--Not sooner than 3 years after the
date of enactment of this subpart, and triennially
thereafter, the Secretary of Energy and the Federal
transmitting utilities, in cooperation with the Director of
the Bureau of Land Management, the Director of the United
States Geological Survey, the Commissioner of Reclamation,
the Director of the Forest Service, the Director of the
United States Fish and Wildlife Service, and the Secretary of
Defense, and after consultation with the Governors of the
States, shall recommend to the President and Congress--
``(1) specific areas with the greatest potential for
environmentally acceptable renewable energy resource
development; and
``(2) modifications of laws (including regulations) and
resource management plans necessary to fully achieve that
potential.
``(e) Revision of Designations.--Based on the
recommendations received under subsection (d), the President
may revise the designations made under subsection (a), as
appropriate.
``SEC. 233. ENCOURAGING CLEAN ENERGY DEVELOPMENT IN NATIONAL
RENEWABLE ENERGY ZONES.
``(a) Cost Recovery.--The Commission shall promulgate such
regulations as are necessary to ensure that a public utility
transmission provider that finances a high-voltage electric
transmission facility or other renewable electricity
connection facility added in a national renewable energy zone
after the date of enactment of this subpart recovers all
prudently incurred costs, and a reasonable return on equity,
associated with the new transmission capacity.
``(b) Alternative Transmission Financing Mechanism.--
``(1) In general.--The Commission shall permit a renewable
energy trunkline built by a public utility transmission
provider in a national renewable energy zone to, in advance
of generation interconnection requests, be initially funded
through a transmission charge imposed on all transmission
customers of the transmission provider or, if the renewable
energy trunkline is built in an area served by a regional
transmission organization or independent system operator, all
of the transmission customers of the transmission operator,
if the Commission finds that--
``(A) the renewable energy resources that would use the
renewable energy trunkline are remote from the grid and load
centers;
``(B) the renewable energy trunkline will likely result in
multiple individual renewable energy electric generation
projects being developed by multiple competing developers;
and
``(C) the renewable energy trunkline has at least 1 project
subscribed through an executed generation interconnection
agreement with the transmission provider and has tangible
demonstration of additional interest.
``(2) New electric generation projects.--As new electric
generation projects are constructed and interconnected to the
renewable energy trunkline, the transmission services
contract holder for the generation project shall, on a
prospective basis, pay a pro rata share of the facility costs
of the renewable energy trunkline, thus reducing the effect
on the rates of customers of the public utility transmission
provider.
``(c) Federal Transmitting Utilities.--
``(1) In general.--Not later than 1 year after the
designation of a national renewable energy zone, a Federal
transmitting utility that owns or operates 1 or more electric
transmission facilities in the national renewable energy zone
shall identify specific additional high-voltage or other
renewable electricity connection facilities required to
substantially increase the generation of electricity from
renewable energy in the national renewable energy zone.
``(2) Lack of private funds.--If, by the date that is 3
years after the date of enactment of this subpart, no
privately-funded entity has committed to financing (through
self-financing or through a third-party financing arrangement
with a Federal transmitting utility) to ensure the
construction and operation of a high-voltage or other
renewable electricity connection facility identified pursuant
to paragraph (1) by a specified date, the Federal
transmitting utility responsible for the identification shall
finance such a transmission facility if the Federal
transmitting utility has sufficient bonding authority under
paragraph (3).
``(3) Bonding authority.--
``(A) In general.--A Federal transmitting utility may issue
and sell bonds, notes, and other evidence of indebtedness in
an amount not to exceed, at any 1 time, an aggregate
outstanding balance of $10,000,000,000, to finance the
construction of transmission facilities identified pursuant
to paragraph (1) for the principal purposes of--
``(i) increasing the generation of electricity from
renewable energy; and
``(ii) conveying that electricity to an electricity
consuming area.
``(B) Recovery of costs.--A Federal transmitting utility
shall recover the costs of renewable electricity connection
facilities financed pursuant to paragraph (2) from entities
using the transmission facilities over a period of 50 years.
``(C) Nonliability of certain customers.--Individuals and
entities that, as of the date of enactment of this subpart,
are customers of a Federal transmitting utility shall not be
liable for the costs, in the form of increased rates charged
for electricity, of renewable electricity connection
facilities constructed pursuant to this section, except to
the extent the customers are treated in a manner similar to
all other users of the Federal transmitting utility.
``(d) Operation of High-Voltage Transmission Lines Using
Renewable Energy Resources.--
``(1) Public utilities financing limitation.--The
regulations promulgated pursuant to subsection (a) shall, to
the maximum extent practicable, ensure that not less than 75
percent of the capacity of any high-voltage transmission
lines financed pursuant to this section is used for
electricity from renewable energy.
``(2) Non-public utilities access limitation.--
Notwithstanding section 368 of the Energy Policy Act of 2005
(42 U.S.C. 15926), the Commission shall promulgate
regulations to ensure, to the maximum extent practicable,
that not less than 75 percent of the capacity of high-voltage
transmission facilities sited primarily or partially on
Federal land and constructed after the date of enactment of
this subpart is used for electricity from renewable energy.
``SEC. 234. FEDERAL POWER MARKETING AGENCIES.
``(a) Promotion of Renewable Energy and Energy
Efficiency.--Each Federal transmitting utility shall--
``(1) identify and take steps to promote energy
conservation and renewable energy electric resource
development in the regions served by the Federal transmitting
utility;
``(2) use the purchasing power of the Federal transmitting
utility to acquire, on behalf of the Federal Government,
electricity
[[Page S8102]]
from renewable energy and renewable energy credits in
sufficient quantities to meet the requirements of section 203
of the Energy Policy Act of 2005 (42 U.S.C. 15852); and
``(3) identify opportunities to promote the development of
facilities generating electricity from renewable energy on
Indian land.
``(b) Wind Integration Programs.--The Bonneville Power
Administration and the Western Area Power Administration
shall each establish a program focusing on the improvement of
the integration of wind energy into the transmission grids of
those Administrations through the development of transmission
products, including through the use of Federal hydropower
resources, that--
``(1) take into account the intermittent nature of wind
electric generation; and
``(2) do not impair electric reliability.
``(c) Solar Integration Program.--Each of the Federal Power
Administrations and the Tennessee Valley Authority shall
establish a program to carry out projects focusing on the
integration of solar energy, through photovoltaic
concentrating solar systems and other forms and systems, into
the respective transmission grids and into remote and
distributed applications in the respective service
territories of the Federal Power Administrations and
Tennessee Valley Authority, that--
``(1) take into account the solar energy cycle;
``(2) maximize the use of Federal land for generation or
energy storage, where appropriate; and
``(3) do not impair electric reliability.
``(d) Geothermal Integration Program.--The Bonneville Power
Administration and the Western Area Power Administration
shall establish a joint program to carry out projects
focusing on the development and integration of geothermal
energy resources into the respective transmission grids of
the Bonneville Power Administration and the Western Area
Power Administration, as well as non-grid, distributed
applications in those service territories, including projects
combining geothermal energy resources with biofuels
production or other industrial or commercial uses requiring
process heat inputs, that--
``(1) maximize the use of Federal land for the projects and
activities;
``(2) displace fossil fuel baseload generation or petroleum
imports; and
``(3) improve electric reliability.
``(e) Renewable Electricity and Energy Security Projects.--
``(1) In general.--The Federal transmitting utilities,
shall, in consultation with the Commission, the Secretary,
the National Association of Regulatory Utility Commissioners,
and such other individuals and entities as are necessary,
undertake geographically diverse projects within the
respective service territories of the utilities to acquire
and demonstrate grid-enabled and nongrid-enabled plug-in
electric and hybrid electric vehicles and related
technologies as part of their fleets of vehicles.
``(2) Increase in renewable energy use.--To the maximum
extent practicable, each project conducted pursuant to any of
subsections (b) through (d) shall include a component to
develop vehicle technology, utility systems, batteries, power
electronics, or such other related devices as are able to
substitute, as the main fuel source for vehicles,
transportation-sector petroleum consumption with electricity
from renewable energy sources.''.
(b) Transmission Cost Allocation.--Section 206 of the
Federal Power Act (16 U.S.C. 824e) is amended by adding at
the following:
``(f) Transmission Cost Allocation.--
``(1) In general.--Not later than 180 days after the date
on which the President designates an area as a national
renewable energy zone under section 232, the State utility
commissions or other appropriate bodies having jurisdiction
over the public utilities providing service in the national
renewable energy zone or an adjacent electricity consuming
area may jointly propose to the Commission a cost allocation
plan for high-voltage electric transmission facilities built
by a public utility transmission provider that would serve
the electricity consuming area.
``(2) Approval.--The Commission may approve a plan proposed
under paragraph (1) if the Commission determines that--
``(A) taking into account the users of the transmission
facilities, the plan will result in rates that are just and
reasonable and not unduly discriminatory or preferential; and
``(B) the plan would not unduly inhibit the development of
renewable energy electric generation projects.
``(3) Cost allocation.--Unless a plan is approved by the
Commission under paragraph (2), the Commission shall fairly
allocate the costs of new high-voltage electric transmission
facilities built in the area by 1 or more public utility
transmission providers (recognizing the national and regional
benefits associated with increased access to electricity from
renewable energy) pursuant to a rolled-in transmission
charge.
``(4) Federal transmitting utility.--Nothing in this
subsection expands, directly or indirectly, the jurisdiction
of the Commission with respect to any Federal transmitting
utility.''.
(c) Conforming Amendments.--
(1) Section 3 of the Federal Power Act (42 U.S.C. 796) is
amended by adding at the end the following:
``(30) Electric drive vehicle.--
``(A) In general.--The term `electric drive vehicle' means
a vehicle that uses--
``(i) an electric motor for all or part of the motive power
of the vehicle; and
``(ii) off-board electricity wherever practicable.
``(B) Inclusions.--The term `electric drive vehicle'
includes--
``(i) a battery electric vehicle;
``(ii) a plug-in hybrid electric vehicle; and
``(iii) a plug-in hybrid fuel cell vehicle.''.
(2) Subpart A of part II of the Federal Power Act (as
redesignated by subsection (a)) is amended--
(A) in the heading of section 201, by striking ``part'' and
inserting ``subpart''; and
(B) by striking ``this Part'' each place it appears and
inserting ``this subpart''.
______
SA 1737. Mr. REID (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
In section 102, redesignate paragraphs (2), (3), (4), (5),
(6), and (7) as paragraphs (4), (5), (13), (16), (17), and
(18), respectively.
In section 102, between paragraphs (1) and (4) (as so
redesignated), insert the following:
(2) Advanced renewable fuel.--The term ``advanced renewable
fuel'' means--
(A) advanced biofuel; or
(B) renewable electric fuel.
(3) Battery.--The term ``battery'' means an energy storage
device used in an onroad vehicle or nonroad vehicle powered,
in whole or in part, using an off-board or on-board source of
electricity.
In section 102, between paragraphs (5) and (13) (as so
redesignated), insert the following:
(6) Electric drive vehicle.--
(A) In general.--The term ``electric drive vehicle'' means
a vehicle that uses--
(i) an electric motor for all or part of the motive power
of the vehicle; and
(ii) off-board electricity.
(B) Inclusions.--The term ``electric drive vehicle''
includes--
(i) a battery electric vehicle;
(ii) a plug-in hybrid electric vehicle; and
(iii) a plug-in hybrid fuel cell vehicle.
(7) Fuel cell vehicle.--The term ``fuel cell vehicle''
means an onroad vehicle or nonroad vehicle that uses a fuel
cell (as defined in section 803 of the Spark M. Matsunaga
Hydrogen Act of 2005 (42 U.S.C. 16152)).
(8) Geothermal energy.--The term ``geothermal energy''
means energy derived from a geothermal deposit (within the
meaning of section 613(e)(2) of the Internal Revenue Code of
1986).
(9) Incremental hydropower.--
(A) In general.--The term ``incremental hydropower'' means
additional energy generated as a result of an efficiency
improvement or capacity addition made on or after January 1,
2003, to an existing hydropower facility, as measured on the
basis of the same water flow information that is used to
determine the historic average annual generation baseline for
the hydropower facility and certified by the Secretary or the
Federal Energy Regulatory Commission.
(B) Exclusion.--The term ``incremental hydropower'' does
not include additional energy generated as a result of
operational changes not directly associated with an
efficiency improvement or capacity addition.
(10) Ocean energy.--The term ``ocean energy'' includes
current, wave, tidal, and thermal energy.
(11) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means an onroad vehicle or nonroad
vehicle that is propelled by an internal combustion engine or
heat engine using--
(A) any combustible fuel;
(B) an onboard, rechargeable storage device; and
(C) a means of using an off-board source of electricity.
(12) Plug-in hybrid fuel cell vehicle.--The term ``plug-in
hybrid fuel cell vehicle'' means a fuel cell vehicle with a
battery powered by an off-board source of electricity.
In section 102, between paragraphs (13) and (16) (as so
redesignated), insert the following:
(14) Renewable electric fuel.--The term ``renewable
electric fuel'' means renewable energy from electricity that
is used to power a vehicle.
(15) Renewable energy.--The term ``renewable energy'' means
electric energy generated at a facility (including a
distributed generation facility) placed in service on or
after January 1, 2003, from--
(A) solar, wind, or geothermal energy;
(B) ocean energy;
(C) incremental hydropower;
(D) biomass (as defined in section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b))); or
(E) landfill gas.
In section 102(16)(A) (as so redesignated), strike clause
(i) and insert the following:
(i) produced from--
(I) renewable biomass; or
(II) renewable energy; and
In section 102(16)(B), strike clauses (i) and (ii) and
insert the following:
(i) conventional biofuel;
(ii) advanced biofuel; and
(iii) renewable electric fuel.
[[Page S8103]]
At the end of section 111(a)(1), add the following:
(D) Regulations for renewable electric fuel.--
(i) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to incorporate renewable electric fuel into the
renewable fuel program established under this title.
(ii) Auditing and certification procedures.--The
regulations promulgated under clause (i) shall include
auditing and certification procedures for verifying that
renewable electricity is being used as a motor fuel under the
renewable fuel program.
(iii) Awarding of renewable fuel credits.--The President
shall award renewable fuel credits to renewable electric fuel
producers and distributors only if the producer or
distributor demonstrates through the established
certification procedures that renewable electric fuel is
being used as a motor fuel.
In section 111(a)(2)(A)(ii), strike ``biofuels'' each place
it appears and insert ``renewable fuels''.
In section 111(a)(2)(B)(ii), strike ``biofuels'' and insert
``renewable fuels''.
At the end of section 111(c), add the following:
(4) Energy content relative for renewable electric fuel.--
The conversion factor of renewable electric fuel shall be 6.4
kilowatt hours of renewable electricity per gallon of
renewable fuel, unless the President establishes a different
conversion factor by regulation.
______
SA 1738. Mr. COLEMAN (for himself and Mr. Feingold) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 47, after line 23, add the following:
SEC. 131. LOCAL OWNERSHIP OF BIOREFINERIES.
``(a) Definitions.--In this section:
``(1) Biorefinery.--The term `biorefinery' has the meaning
given the term in section 9003(b).
``(2) Eligible purchaser.--The term `eligible purchaser',
with respect to a biorefinery, means--
``(A) a natural person with a principal residence that is
located not more than 50 miles from the biorefinery; or
``(B) a farmer or rancher cooperative.
``(b) Requirement.--
``(1) In general.--Subject to paragraphs (2) and (3), in
the case of a biorefinery that is financed, refinanced, or
financially supported, in whole or in part, using a loan,
loan guarantee, or grant made by a Federal agency on or after
the date of enactment of this section, as a condition of the
receipt of the loan, loan guarantee, or grant, the recipient
shall provide eligible purchasers with an opportunity to
participate in the financing or ownership of the biorefinery
in accordance with this section.
``(2) Farmers and rancher cooperatives.--If the recipient
of a loan, loan guarantee, or grant made by a Federal agency
under paragraph (1) is a farmer or rancher cooperative, it
fulfills the requirement in paragraph (1) above. However, the
farmer or rancher cooperative may provide eligible purchasers
with an opportunity to participate in the financing or
ownership of the biorefinery in accordance with this section.
``(3) Level of federal support.--Paragraph (1) shall apply
to a biorefinery only if not less than 3 percent of the total
amount of funds that is used to finance, refinance, or
financially support the biorefinery is derived from Federal
funds.
``(c) Terms and Conditions.--To be eligible to receive a
loan, loan guarantee, or grant from a Federal agency in
connection with a biorefinery, the recipient--
``(1) during the 60-day period beginning on the date of
receipt of the loan, loan guarantee, or grant by the
recipient, shall permit eligible purchasers to participate in
the financing or ownership of the biorefinery on the
conditions that--
``(A) eligible purchasers, collectively, be allowed to
invest not less than 40 percent of the projected total amount
of non-Federal funds that will be used to construct or expand
the biorefinery; and
``(B) an individual eligible purchaser be allowed to invest
not more than 2.5 percent of the projected total amount of
non-Federal funds that will be used to construct or expand
the biorefinery;
``(2) shall provide to eligible purchasers competitive
terms and conditions that are no less favorable than the
terms and conditions that are offered for funding for similar
recipients or classes of recipients or, if there are no
similar recipients or classes of recipients, other entities
with similar risk characteristics, as determined by the
Secretary;
``(3) if the amount of funding offered by eligible
purchasers for a biorefinery exceeds the amount that is
solicited by a recipient, may--
``(A) accept all such offered amounts; or
``(B) award the amounts on a competitive basis; and
``(4) shall conduct the financing or refinancing of the
biorefinery in accordance with Federal law (including Federal
law governing securities).''.
______
SA 1739. Mr. SALAZAR submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 54, line 1, strike ``$1.11'' and insert ``$1.28''.
______
SA 1740. Mr. PRYOR submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 180, strike line 23 and all that follows
through page 181, line 9, and insert the following:
``(2) Carbon capture demonstration projects.--
``(A) In general.--The Secretary shall carry out a
demonstration of not less than 5 large-scale carbon dioxide
capture technologies developed by appropriate applicants, as
selected by the Secretary, including any--
``(i) precombustion technology;
``(ii) postcombustion technology;
``(iii) oxy-fuel combustion technology; and
``(iv) other promising new technology, as determined by the
Secretary.
``(B) Facilities.--The Secretary shall select 1 or more
appropriate sites and facilities to test each technology
selected under subparagraph (A).
``(C) Linkage to storage activities.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, may require the carbon dioxide captured
from each demonstration project carried out under
subparagraph (A) to be used in large-scale carbon dioxide
sequestration demonstration projects.
______
SA 1741. Mr. STEVENS submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. REID to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
TITLE -- COASTAL AND OCEAN DEVELOPMENT GRANTS
SEC. --01. COASTAL AND OCEAN ASSISTANCE FOR STATES FUND.
(a) In General.--There is established in the Treasury of
the United States a fund to be known as the Coastal and Ocean
Assistance for States Fund.
(b) Credits.--Beginning with fiscal year 2008, the Fund
shall be credited with 5 percent of the amounts deposited in
the Treasury of the United States under section 9 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1338).
SEC. --02. COASTAL AND OCEAN ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall--
(1) establish a grant program to provide grants to eligible
coastal States in accordance with this title; and
(2) make 85 percent of the amounts available in the Fund
for each fiscal year available for grants under the program.
(b) Eligible Coastal States.--To be eligible for a grant
under the program, a coastal State shall--
(1) submit an application to the Secretary at such time, in
such form, and containing such information as the Secretary
may require; and
(2) include in its application a multi-year plan, subject
to approval by the Secretary, for the use of funds received
under the grant program;
(3) demonstrate to the satisfaction of the Secretary that
it has established a trust fund, or other accounting
measures, subject
[[Page S8104]]
to approval by the Secretary, to ensure the accurate
accounting of funds received under the grant program, to
administer funds received under the grant program;
(4) specify in its application how it will allocate any
funds received under the grant program among--
(A) coastal zone management activities;
(B) coastal and estuarine land protection;
(C) living marine resource activities;
(D) relocation of threatened coastal villages;
(E) natural resources enhancements;
(F) mitigation of impacts from offshore activities;
(G) coastal damage prevention and restoration;
(H) coastal zone management education; and
(I) management costs associated with eligible activities
under section --03; and
(4) describe in its application each activity to be
financed, in whole or in part, with funds provided by the
grant.
(c) Allocation of Grant Funds.--
(1) In general.--The Secretary shall allocate grants under
the program among the eligible coastal States according to a
formula under which--
(A) 31 percent of the funds are allocated equally among
coastal States that have a coastal management program
approved under to the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
(B) 31 percent of the funds are allocated on the basis of
the ratio of tidal shoreline miles in a State to the tidal
shoreline miles of all States;
(C) 31 percent of the funds are allocated on the basis of
the ratio of coastal population of a State to the coastal
population of all States; and
(D) 7 percent of the funds are allocated on the basis of
the ratio of--
(i) the square miles of national marine sanctuaries, marine
monuments, and national estuarine research reserves within
the seaward boundaries of a an eligible coastal State, to
(ii) to the total square miles of all such sanctuaries,
monuments, and reserves within the seaward boundaries of all
eligible coastal States.
(2) Territories.--For purposes of paragraph (1), Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa shall be treated collectively as a single
State.
(3) Reallocation.--If, at the end of any fiscal year, funds
available for distribution under the program remain
unexpended and unobligated, the Secretary may--
(A) carry such remaining funds forward for not more than 3
fiscal years; and
(B) reallocate any such remaining funds among eligible
coastal States in accordance with the formula described in
paragraph (1).
(d) Local government share.--In awarding grants under the
program, the Secretary shall ensure that not less than 20
percent of the funds made available to a State in each fiscal
year pursuant to this title shall be made available to
coastal local governments of such State to carry out eligible
activities under section --03.
SEC. --03. ELIGIBLE USE OF FUNDS.
Grant funds under section --02 may only be used for--
(1) coastal management planning and implementation, as
provided for under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.);
(2) coastal and estuarine land protection, including the
protection of the environmental integrity of important
coastal and estuarine areas, including wetlands and forests,
that have significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by
conversion from their natural, undeveloped, or recreational
state to other uses;
(3) efforts to protect and manage living marine resources,
including fisheries, research, management, and enhancement;
(4) programs and activities in coordination with the
National Oceanic and Atmospheric Administration designed to
improve or complement the management and mission of national
marine sanctuaries, marine monuments, and national estuarine
research reserves;
(5) mitigation, restoration, protection, and relocation of
threatened native and rural coastal communities;
(6) mitigation of the effects of offshore activities,
including environmental restoration;
(7) efforts to protect and restore coastal lands and
wetlands, and to restore or prevent damage to wetlands in the
coastal zone and coastal estuaries to lands, life, and
property;
(8) long-range coastal and ocean research and education,
and natural resource management; or
(9) regional multi-State management efforts designed to
manage, protect, or restore the coastal zone and ocean
resources.
SEC. --04. FISH AND WILDLIFE IMPROVEMENT GRANTS.
Within 6 months after the date of enactment of this Act,
the Secretary, in consultation with the Secretary of the
Interior, shall--
(1) establish by regulation a grant program to provide
grants to States to manage, protect, and improve fish and
wildlife habitat; and
(2) make 10 percent of the amounts available in the Fund
for each fiscal year available for grants under the program.
(b) Eligible States.--To be eligible to participate in the
grant program, a State shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may require.
SEC. --05. ADMINISTRATION.
Except as otherwise expressly provided in this title, not
more than 5 percent of the amounts available in the Fund for
a fiscal year may be used by the Secretary for administrative
expenses and for activities and programs related to the
protection of coastal, fishery, and ocean resources.
SEC. --06. AUDITS.
The Secretary shall establish such rules regarding
recordkeeping by State and local governments and the auditing
of expenditures made by State and local governments from
funds made available under this title as may be necessary.
Such rules shall be in addition to other requirements
established regarding recordkeeping and the auditing of such
expenditures under other authority of law.
SEC. --07. DISPOSITION OF FUNDS.
Notwithstanding any other provision of this title, a
coastal State or local government may use funds received
under this title to make any payment that is eligible to be
made with funds provided to States under section 35 of the
Mineral Leasing Act (30 U.S.C. 191).
SEC. --08. DEFINITIONS.
In this title:
(1) Coastal population.--The term ``coastal population''
means the population of all political subdivisions, as
determined by the most recent official data of the Census
Bureau, contained in whole or in part within the designated
coastal boundary of a State as defined in a State's coastal
zone management program under the Coastal Zone Management Act
(16 U.S.C. 1451 et seq) as of the date of enactment of this
Act.
(2) Coastal state.--The term ``coastal State'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act (16 U.S.C. 1453(4)).
(3) The term ``Fund'' means the Coastal and Ocean
Assistance for States Fund established by section --01(a).
(4) Local government.--The term ``local government'' means
a political subdivision all or part of which is within a
coastal zone (as defined in section 304 of the Coastal Zone
Management Act (16 U.S.C. 1453(1))) as of the date of
enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia; and
(C) Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa.
(7) Tidal shoreline.--The term ``tidal shoreline'' has the
same meaning as when used in section 923.110(c)(2)(i) of
title 15, Code of Federal Regulations, as that section is in
effect as of the date of enactment of this Act.
TITLE --OCEAN POLICY TRUST FUND
SEC. --01. OCEAN POLICY TRUST FUND.
(a) In General.--There is established in the Treasury of
the United States a fund to be known as the Ocean Policy
Trust Fund.
(b) Credits.--Beginning with fiscal year 2008, the Fund
shall be credited with an amount equal to 5 percent of the
amounts deposited in the Treasury of the United States under
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C.
1338).
(c) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year--
(1) amounts in the aggregate not in excess of 95 percent of
the amounts available in the Fund for that fiscal year for
grants under this title; and
(2) such sums as may be necessary, not in excess of 5
percent of the amounts available in the Fund for that fiscal
year, to the Secretary of Commerce for administrative
expenses of managing the grant program established by section
--03 of this title.
(d) Reversion.--Unless otherwise provided in the grant
terms, any grant funds that are not obligated nor expended at
the end of the 2-year period beginning on the date on which
the grant funds become available to the grantee shall be
returned to the Fund.
SEC. --02. OCEAN POLICY TRUST FUND COUNCIL.
(a) Membership.--
(1) An Ocean Policy Trust Fund Council is established which
shall consist of 12 members as follows:
(A) The Under Secretary of Commerce for Oceans and
Atmosphere.
(B) The Assistant Administrator of the National Marine
Fisheries Service.
(C) The Assistant Administrator of the National Ocean
Service.
(D) An employee of the Department of the Interior with
expertise in ocean resource management, to be designated by
the Secretary of the Interior.
(E) 4 representatives of the oil and gas industry or the
commercial fishing industry, to be appointed by the Secretary
of Commerce, of whom--
(i) 1 shall be appointed to represent the East Coast, 1
shall be appointed to represent the Gulf of Mexico, 1 shall
be appointed to represent the West Coast, and 1 shall be
appointed to represent Alaska; and
(ii) at least 2 of whom shall represent the commercial
fishing industry.
(F) 2 representatives of non-profit conservation
organizations, appointed by the Secretary of Commerce.
[[Page S8105]]
(G) 2 representatives of academia with ocean science
credentials, appointed by the Secretary of Commerce.
(b) Appointment and Terms.--
(1) Except as provided in paragraphs (2), (3), and (4), the
term of office of a member of the Council appointed under
subsection (a)(1)(E), (a)(1)(F), or (a)(1)(G) of this section
is 3 years.
(2) Of the Council members first appointed under subsection
(a)(1)(E) of this section, 1 shall be appointed for a term of
1 year and 1 shall be appointed for a term of 2 years.
(3) Of the Council members first appointed under subsection
(a)(1)(F) of this section, 1 shall be appointed for a term of
2 years.
(4) Of the Council members first appointed under subsection
(a)(1)(G) of this section, 1 shall be appointed for a term of
1 year and one shall be appointed for a term of 2 years.
(5) Whenever a vacancy occurs among members of the Council
appointed under subparagraph (E), (F), or (G) of subsection
(a)(1) of this section, the Secretary shall appoint an
individual in accordance with that subparagraph to fill that
vacancy for the remainder of the applicable term.
(c) Chairman.--The Council shall have a Chairman, who shall
be elected by the Council from its members. The Chairman
shall serve for a 3-year term, except that the first Chairman
may be elected for a term of less than 3 years, as determined
by the Council.
(d) Quorum.--8 members of the Council shall constitute a
quorum for the transaction of business.
(e) Meetings.--The Council shall meet at the call of the
Chairman at least once per year. Council meetings shall be
open to the public, and the Chairman shall take appropriate
steps to provide adequate notice to the public of the time
and place of such meetings. If a Council member appointed
under subparagraph (E), (F), or (G) of subsection (a)(1) of
this section misses 3 consecutively scheduled meetings, the
Secretary may remove that individual in accordance with
subsection (b)(5) of this section.
(f) Coordinator.--The Under Secretary shall appoint an
individual, who shall serve at the pleasure of the
Administrator--
(1) to be responsible, with assistance from the National
Oceanic and Atmospheric Administration, for facilitating
consideration of Fund grant applications by the Council and
otherwise assisting the Council in carrying out its
responsibilities; and
(2) who shall be compensated with the funds appropriated
under section --01(c)(2) of this title.
(g) Functions.--The Council shall--
(1) receive and review grant applications under section --
03; and
(2) make recommendations to the Senate Appropriations
Committee and the House of Representatives Appropriations
Committee concerning--
(A) which grant requests should be funded;
(B) the amount of each such grant request that should be
funded; and
(C) whether the Congress should impose any specific
requirements, conditions, or limitations on a grant
recommended for funding.
SEC. --03. OCEAN POLICY TRUST FUND GRANT PROGRAM.
(a) In General.--There is established a grant program under
which grants are to be funded, as provided by appropriations
Acts, from amounts in the Fund. The grant program shall be
administered by the Secretary, who shall establish
applications, review, oversight, and financial accountability
procedures and administer any funds appropriated under
subsection (b).
(b) Award by Appropriation.--Grants under the program shall
be awarded by appropriations Act on the basis of the
Council's recommendations.
(c) Applications.--A State or local government, nonprofit
conservation organization, or other person seeking a grant
from the Fund shall submit an application, in accordance with
the procedures established by the Secretary under subsection
(a), to the Council--
(1) containing such information and assurances as the
Secretary may require;
(2) describing how the grant proceeds will be allocated
among--
(A) ocean protection activities;
(B) coastal zone management activities;
(C) coastal and estuarine land protection;
(D) living marine resource activities;
(E) natural resource enhancements;
(F) mitigation of impacts from offshore activities;
(H) ocean literacy and education; and
(3) describing with specificity the purpose for which the
grant will be used.
(d) Eligible Purposes.--A grant under the program may be
used for--
(1) efforts to protect and manage living marine resources
and their habitat, including fisheries, fisheries
enforcement, research, management, and enhancement;
(2) programs and activities in coordination with the
National Oceanic and Atmospheric Administration or the
Department of Interior designed to improve or complement the
management and mission of national marine sanctuaries, marine
monuments and national estuarine research reserves;
(3) coastal management planning and implementation, as
provided for under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.);
(4) coastal and estuarine land protection and erosion
control, including protection of the environmental integrity
of important coastal and estuarine areas; and
(5) mitigation of the effects of offshore activities,
including environmental restoration.
SEC. --04. DEFINITIONS.
In this title:
(1) Council.--The term ``Council'' means the Ocean Policy
Trust Fund Council established by section --02.
(2) Fund.--The term ``Fund'' means the Ocean Policy Trust
Fund established by section --01.
(3) Secretary.--Except where otherwise provided, the term
``Secretary'' means the Secretary of Commerce.
<all>
______
SA 1742. Mr. STEVENS submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE EMPLOYER
PLANS.
(a) In General.--In the case of an applicable pension
plan--
(1) if an eligible employer elects the application of
subsection (b), any liability of the employer with respect to
the applicable pension plan shall be determined under
subsection (b), and
(2) if an eligible employer does not make such election,
any liability of the employer with respect to the applicable
pension plan shall be determined under subsection (c).
(b) Election to Spin Off Liability.--
(1) In general.--If an eligible employer elects, within 180
days after the date of the enactment of this Act, to have
this subsection apply, the applicable pension plan shall be
treated as having, effective January 1, 2006, spun off such
employer's allocable portion of the plan's assets and
liabilities to an eligible spunoff plan and the employer's
liability with respect to the applicable pension plan shall
be determined by reference to the eligible spunoff plan in
the manner provided under paragraph (2). The employer's
liability, as so determined, shall be in lieu of any other
liability to the Pension Benefit Guaranty Corporation or to
the applicable pension plan with respect to the applicable
pension plan.
(2) Liability of employers electing spinoff.--
(A) Ongoing funding liability.--
(i) In general.--In the case of an eligible spunoff plan,
the amendments made by section 401, and subtitles A and B of
title I, of the Pension Protection Act of 2006 shall not
apply to plan years beginning before the first plan year for
which the plan ceases to be an eligible spunoff plan (or, if
earlier, January 1, 2017), and except as provided in clause
(ii), the employer maintaining such plan shall be liable for
ongoing contributions to the eligible spunoff plan on the
same terms and subject to the same conditions as under the
provisions of the Employee Retirement Income Security Act of
1974 and the Internal Revenue Code of 1986 as in effect
before such amendments. Such liability shall be in lieu of
any other liability to the Pension Benefit Guaranty
Corporation or to the applicable pension plan with respect to
the applicable pension plan.
(ii) Interest rate.--In applying section 302(b)(5)(B) of
the Employee Retirement Income Security Act of 1974 and
section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as
in effect before the amendments made by subtitles A and B of
title I of the Pension Protection Act of 2006) and in
applying section 4006(a)(3)(E)(iii) of such Act (as in effect
before the amendments made by section 401 of such Act) to an
eligible spunoff plan for plan years beginning after December
31, 2007, and before the first plan year to which such
amendments apply, the third segment rate determined under
section 303(h)(2)(C)(iii) of such Act and section
430(h)(2)(C)(iii) of such Code (as added by such amendments)
shall be used in lieu of the interest rate otherwise used.
(B) Termination liability.--If an eligible spunoff plan
terminates under title IV of the Employee Retirement Income
Security Act of 1974 on or before December 31, 2010, the
liability of the employer maintaining such plan resulting
from such termination under section 4062 of the Employee
Retirement Income Security Act of 1974 shall be determined in
accordance with the assumptions and methods described in
subsection (c)(2)(A). The employer's liability, as so
determined, shall be in lieu of any other liability to the
Pension Benefit Guaranty Corporation or to the applicable
pension plan with respect to the applicable pension plan.
(c) Liability of Employers Not Electing Spinoff.--
(1) In general.--If an applicable pension plan is
terminated under the Employee Retirement Income Security Act
of 1974, an eligible employer which does not make the
election described in subsection (b) shall be liable to the
corporation with respect to the applicable pension plan (in
lieu of any other liability to the Pension Benefit Guaranty
Corporation or to the applicable pension plan with respect to
the applicable pension plan )
[[Page S8106]]
in an amount equal to the fractional portion of the adjusted
unfunded benefit liabilities of such plan as of December 31,
2005, determined without regard to any adjusted unfunded
benefit liabilities to be transferred to an eligible spunoff
plan pursuant to subsection (b).
(2) Definitions.--For purposes of this subsection--
(A) Adjusted unfunded benefit liabilities.--The term
``adjusted unfunded benefit liabilities'' means the amount of
unfunded benefit liabilities (as defined in section
4001(a)(18) of the Employee Retirement Income Security Act of
1974), except that the interest assumption shall be the rate
of interest under section 302(b) of the Employee Retirement
Income Security Act of 1974 and section 412(b) of the
Internal Revenue Code of 1986, as in effect before the
amendments made by the Pension Protection Act of 2006, for
the most recent plan year for which such rate exists.
(B) Fractional portion.--The term ``fractional portion''
means a fraction, the numerator of which is the amount
required to be contributed to the applicable pension plan for
the 5 plan years ending before December 31, 2005, by such
employer, and the denominator of which is the amount required
to be contributed to such plan for such plan years by all
employers which do not make the election described in
subsection (b).
(d) Other Definitions.--For purposes of this section--
(1) Applicable pension plan.--The term ``applicable pension
plan'' means a single employer plan which--
(A) was established in the State of Alaska on March 18,
1967, and
(B) as of January 1, 2005, had 2 or more contributing
sponsors at least 2 of which were not under common control.
(2) Allocable portion.--The term ``allocable portion''
means, with respect to any eligible employer making an
election under subsection (b), the portion of an applicable
pension plan's liabilities and assets which bears the same
ratio to all such liabilities and assets as such employer's
share (determined under subsection (c) as if no eligible
employer made an election under subsection (b)) of the excess
(if any) of--
(A) the liabilities of the plan, valued in accordance with
subsection (c), over
(B) the assets of the plan,
bears to the total amount of such excess.
(3) Eligible employer.--An ``eligible employer'' is an
employer which participated in an eligible multiple employer
plan on or after January 1, 2000.
______
SA 1743. Mr. STEVENS submitted an amendment intended to be proposed
by him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TAX-EXEMPT TREATMENT OF CERTAIN BONDS ISSUED BY
CERTAIN JOINT ACTION AGENCIES.
(a) In General.--For purposes of the Internal Revenue Code
of 1986, with respect to the issuance of any bond after the
date of the enactment of this Act by any joint action agency
described in subsection (b), if such bond satisfies the
requirements of subsection (c) then--
(1) such bond shall be treated as issued by a political
subdivision for purposes of section 103 of such Code, and
(2) the sale or transmission of power by such agency to its
members shall not result in such bond being treated as a
private activity bond under section 141 of such Code.
(b) Agency Described.--An agency is described in this
subsection if such agency is established under State law on
December 1, 2000, or July 26, 2005, for the purpose of
participating in the ownership, design, construction,
operation, and maintenance of 1 or more generating or
transmission facilities and has the powers and immunities of
a public utility, and such agency's membership includes at
least 1 municipal utility.
(c) Bond Requirements.--A bond issued as part of an issue
satisfies the requirements of this subsection if the
aggregate face amount of the bonds issued pursuant to such
issue, when added to the aggregate face amount of bonds
previously issued pursuant to this section by all agencies
described in subsection (b), does not exceed $1,000,000,000.
An agency established under State law in 2005 shall not
expend any portion of the final 25 percent of that portion
available to such agency of the initial authorization of
$1,000,000,000 without the approval of at least 80 percent of
the agency's board of directors.
______
SA 1744. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title VI, insert the following:
SEC. 611. INVESTIGATION OF GASOLINE PRICES.
(a) In General.--Notwithstanding any other provision of
law, if, based on weekly data published by the Energy
Information Administration of the Department of Energy, the
average weekly price of gasoline in a State or urban area
increases 20 percent or more at least 3 times in any 3-month
period, the Federal Trade Commission shall examine the causes
and initiate an investigation, if necessary, into the retail
price of gasoline in that State to determine if the price of
gasoline is being artificially manipulated by reducing
refinery capacity or by any other form of manipulation.
(b) Report.--Not later than 30 days after the completion of
the investigation described in subsection (a), the Federal
Trade Commission shall report to Congress the results of the
investigation.
(c) Public Meeting.--Not later than 14 days after issuing
the report described in subsection (b), the Federal Trade
Commission shall hold a public hearing in the State in which
the retail price of gasoline was investigated as described in
subsection (a) for the purpose of presenting the results of
the investigation.
(d) Action on Price Increase.--If the Federal Trade
Commission determines that the increase in gasoline prices in
a State is a result of market manipulation, the Federal Trade
Commission shall, in cooperation with the Attorney General of
that State, take appropriate action.
______
SA 1745. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 59, after line 21, add the following:
SEC. 151. COMMISSION ON RENEWABLE ENERGY.
(a) Establishment.--There is established a commission to be
known as the ``Commission on Renewable Energy'' (referred to
in this section as the ``Commission'')--
(1) to advise Congress on--
(A) issues relating to renewable energy research and
development; and
(B) policies relating to the expansion of the use of
renewable energy in the energy markets of the United States;
and
(2) to facilitate collaboration among Federal agencies
relating to the execution of national renewable energy
objectives.
(b) Membership.--
(1) Composition.--The Commission shall be composed of--
(A) the Secretary (or a designee);
(B) the Secretary of Agriculture (or a designee);
(C) the Secretary of Commerce (or a designee);
(D) the Administrator of the National Oceanic and
Atmospheric Administration (or a designee);
(E) the Director of the National Science Foundation (or a
designee);
(F) the Director of the Office of Science and Technology
Policy (or a designee);
(G) the Director of the Office of Management and Budget (or
a designee); and
(H) 7 representatives selected in accordance with paragraph
(3), to be comprised of representatives of--
(i) national laboratories;
(ii) State laboratories;
(iii) industry;
(iv) trade groups; and
(v) State agencies.
(2) Eligibility of designees.--To serve as a member of the
Commission, an individual designated to serve under
subparagraphs (A) through (G) of paragraph (1) shall be of a
position not lower than Assistant Secretary (or an equivalent
position).
(3) Representatives.--
(A) Selection.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in accordance with
subparagraph (B), and in consultation with each individual
described in subparagraphs (A) through (G) of paragraph (1),
shall select representatives from each group described in
subparagraph (H) to serve as members of the Commission.
(B) Qualifications.--A representative selected under
subparagraph (A) shall be an individual who, by reason of
professional background and experience, is specially
qualified to serve as a member of the Commission.
(C) Term.--A representative selected under subparagraph (A)
shall serve for a term of 4 years.
(D) Treatment.--A representative selected under
subparagraph (A) shall--
(i) serve without compensation; and
(ii) be considered an employee of the Federal Government in
the performance of those services for the purposes of--
(I) chapter 81 of title 5, United States Code; and
(II) chapter 171 of title 28, United States Code.
[[Page S8107]]
(c) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson, but not less often than quarterly.
(2) Form of meetings.--The Commission may meet in person or
through electronic means.
(e) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(f) Chairperson.--
(1) Selection.--
(A) In general.--Subject to subparagraph (B), the
Commission shall select a Chairperson--
(i) from among the members of the Commission; and
(ii) through a unanimous vote of approval.
(B) Initial selection.--The Secretary shall select the
initial Chairperson.
(2) Term.--The Chairperson shall serve for a term of 6
years.
(g) Duties.--
(1) In general.--The Commission shall--
(A) promote research and development of renewable energy,
including--
(i) wind energy;
(ii) wave energy;
(iii) solar energy;
(iv) geothermal energy; and
(v) the production of biofuels (with particular emphasis on
the production of biofuels based on cellulosic fuels);
(B) identify and recommend public and private research
institutions to carry out that research and development; and
(C) in consultation with renewable energy experts regarding
renewable energy policies, develop policy recommendations for
Federal agencies.
(2) Studies.--Not later than 90 days after the date on
which the Commission holds the initial meeting of the
Commission, and every 4 years thereafter, the Chairperson of
the Commission, acting through the Secretary, shall enter
into an arrangement with the National Academy of Sciences
under which the Academy shall conduct a study to assess, for
the period covered by the study, issues relating to--
(A) any advancement made relating to renewable energy; and
(B) the adoption of each advancement described in
subparagraph (A) into the energy markets of the United
States.
(3) Annual report.--Not later than 1 year after the date on
which the Commission holds the initial meeting of the
Commission, and annually thereafter, the Commission shall
submit to Congress a report that contains--
(A) a detailed statement describing each activity carried
out by the Commission; and
(B) the recommendations of the Commission relating to the
funding of research for the development of renewable energy
by--
(i) the Federal Government;
(ii) the industrial sector of the United States; and
(iii) any other country.
(h) Powers.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(C) Confidentiality.--Any information provided by a Federal
agency to the Commission under this paragraph shall be
confidential commercial or financial information for the
purposes of section 552(b)(4) of title 5, United States Code,
if the Federal agency obtained the information from an entity
other than a Federal agency.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--
(A) In general.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(B) Annual report.--Not later than 1 year after the date on
which the Commission holds the initial meeting of the
Commission, and annually thereafter, the Commission shall
submit to Congress a report that describes each gift received
by each member of the Commission during the period covered by
the report.
(i) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(j) Budget Submission.--The Secretary shall include the
budget of the Commission in the annual budget submission of
the Secretary to Congress.
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(l) Termination of Commission.--The Commission shall
terminate on October 1, 2016.
______
SA 1746. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 161, between lines 2 and 3, insert the following:
SEC. 269. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN
PROGRAM.
(a) Energy Disaster Loan Program.--
(1) In general.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting after paragraph (3)
the following:
``(4) Energy emergencies.--
``(A) Definitions.--In this paragraph--
``(i) the term `base price index' means the moving average
of the closing unit price on the New York Mercantile Exchange
for heating oil, natural gas, or propane for the 10 days, in
each of the most recent 2 preceding years, which correspond
to the trading days described in clause (ii);
``(ii) the term `current price index' means the moving
average of the closing unit price on the New York Mercantile
Exchange, for the 10 most recent trading days, for contracts
to purchase heating oil, natural gas, or propane during the
subsequent calendar month, commonly known as the `front
month';
``(iii) the term `heating fuel' means heating oil, natural
gas, propane, or kerosene; and
``(iv) the term `significant increase' means--
``(I) with respect to the price of heating oil, natural
gas, or propane, any time the current price index exceeds the
base price index by not less than 40 percent; and
``(II) with respect to the price of kerosene, any increase
which the Administrator, in consultation with the Secretary
of Energy, determines to be significant.
``(B) Authorization.--The Administration may make such
loans, either directly or in cooperation with banks or other
lending institutions through agreements to participate on an
immediate or deferred basis, to assist a small business
concern that has suffered or that is likely to suffer
substantial economic injury as the result of a significant
increase in the price of heating fuel occurring on or after
October 1, 2004.
``(C) Interest rate.--Any loan or guarantee extended under
this paragraph shall be made at the same interest rate as
economic injury loans under paragraph (2).
``(D) Maximum amount.--No loan may be made under this
paragraph, either directly or in cooperation with banks or
other lending institutions through agreements to participate
on an immediate or deferred basis, if the total amount
outstanding and committed to the borrower under this
subsection would exceed $1,500,000, unless such borrower
constitutes a major source of employment in its surrounding
area, as determined by the Administrator, in which case the
Administrator, in the discretion of the Administrator, may
waive the $1,500,000 limitation.
``(E) Declarations.--For purposes of assistance under this
paragraph--
``(i) a declaration of a disaster area based on conditions
specified in this paragraph shall be required, and shall be
made by the President or the Administrator; or
``(ii) if no declaration has been made under clause (i),
the Governor of a State in which a significant increase in
the price of heating fuel has occurred may certify to the
Administration that small business concerns have suffered
economic injury as a result of such increase and are in need
of financial assistance which is not otherwise available on
reasonable terms in that State, and upon receipt of such
certification, the Administration may make such loans as
would have been available under this paragraph if a disaster
declaration had been issued.
``(F) Use of funds.--Notwithstanding any other provision of
law, loans made under this paragraph may be used by a small
business concern described in subparagraph (B) to convert
from the use of heating fuel to a renewable or alternative
energy source, including agriculture and urban waste,
geothermal energy, cogeneration, solar energy, wind energy,
or fuel cells.''.
(2) Conforming amendments relating to heating fuel.--
Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is
amended--
(A) by inserting ``, significant increase in the price of
heating fuel'' after ``civil disorders''; and
(B) by inserting ``other'' before ``economic''.
(3) Effective period.--The amendments made by this
subsection shall apply during the 4-year period beginning on
the date on which guidelines are published by the
Administrator under subsection (b).
(b) Guidelines and Rulemaking.--
(1) Guidelines.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall issue such
guidelines as the Administrator determines to be necessary to
carry out this section and the amendments made by this
section.
(2) Rulemaking.--Not later than 30 days after the date of
enactment of this Act, the Administrator, after consultation
with the
[[Page S8108]]
Secretary, shall promulgate regulations specifying the method
for determining a significant increase in the price of
kerosene under section 7(b)(4)(A)(iv)(II) of the Small
Business Act, as added by this Act.
(c) Reports.--Not later than 12 months after the date on
which the Administrator issues guidelines under subsection
(b), and annually thereafter until the date that is 12 months
after the end of the effective period of section 7(b)(4) of
the Small Business Act, as added by this Act, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives, a report on the
effectiveness of the assistance made available under section
7(b)(4) of the Small Business Act, as added by this Act,
including--
(1) the number of small business concerns that applied for
a loan under such section and the number of those that
received such loans;
(2) the dollar value of those loans;
(3) the States in which the small business concerns that
received such loans are located;
(4) the type of heating fuel or energy that caused the
significant increase in the cost for the participating small
business concerns; and
(5) recommendations for ways to improve the assistance
provided under such section 7(b)(4), if any.
(d) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration; and
(2) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).
______
SA 1747. Mr. COLEMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 59, after line 21, add the following:
SEC. 151. STUDY OF FEASIBILITY RELATING TO CONSTRUCTION OF
PIPELINES AND CARBON DIOXIDE SEQUESTRATION
FACILITIES.
(1) In general.--The Secretary, in coordination with the
Federal Energy Regulatory Commission, the Secretary of
Transportation, the Administrator of the Environmental
Protection Agency, and the Secretary of the Interior, shall
conduct a study to assess the feasibility of the construction
of--
(A) pipelines to be used for the transportation of carbon
dioxide; and
(B) carbon dioxide sequestration facilities.
(2) Scope.--In conducting the study under paragraph (1),
the Secretary shall consider--
(A) any barrier or potential barrier in existence as of the
date of enactment of this Act, including any technical,
siting, financing, or regulatory barrier, relating to--
(i) the construction of pipelines to be used for the
transportation of carbon dioxide; or
(ii) the underground sequestration of carbon dioxide;
(B) any market risk (including throughput risk) relating
to--
(i) the construction of pipelines to be used for the
transportation of carbon dioxide; or
(ii) the underground sequestration of carbon dioxide;
(C) any regulatory, financing, or siting option that, as
determined by the Secretary, would--
(i) mitigate any market risk described in subparagraph (B);
or
(ii) help ensure the construction of pipelines dedicated to
the transportation of carbon dioxide;
(D) the means by which to ensure the safe transportation of
carbon dioxide;
(E) any preventive measure to ensure the integrity of
pipelines to be used for the transportation of carbon
dioxide; and
(F) any other appropriate issue, as determined by the
Secretary.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the results of the study.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,0000 for
each of fiscal years 2008 and 2009.
______
SA 1748. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ADDITIONAL INCENTIVES FOR PRODUCTION OF WIND
ENERGY.
(a) Income From Wind Energy Treated as Qualifying Income.--
Paragraph (1) of section 7704(d) (relating to qualifying
income) is amended by striking ``and'' at the end of
subparagraph (F), by striking the period at the end fo
subparagraph (G) and inserting ``, and'', and by inserting
after subparagraph (G) the following new subparagraph:
``(H) income and gains derived from the production of
electricity from wind.''.
(b) Exclusion From Limitation on Passive Activity
Credits.--Clause (i) of section 469(d)(2)(A) (relating to
separate application of passive activity losses and credits
in case of publicly traded partnerships) is amended by
inserting ``(other than the portion of the credit under
section 45(a) which is attributable to energy produced at a
qualified facility described in section 45(d)(1))'' after
``subchapter A''.
(c) Qualified Nonrecourse Financing of Wind Energy Property
Treated as at Risk.--
(1) In general.--Subparagraphs (A) and (B) of section
465(b)(6) (relating to qualified nonrecourse financing
treated as amount at risk) is amended by inserting ``or
renewable energy property'' after ``real property'' each
place it appears.
(2) Renewable energy property.--Section 465(b) is amended
by adding at the end the following new subparagraph:
``(C) Renewable energy property.--For purposes of this
paragraph, the term `renewable energy property' means
property held for the purpose of producing energy from
wind.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 1749. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 117, between lines 15 and 16, insert the following:
SEC. 234. STANDARDS FOR SMALL-DUCT HIGH-VELOCITY AIR
CONDITIONING AND HEAT PUMP SYSTEMS.
Section 325(d) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(d)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(C) Small-Duct High-Velocity (SDHV) Systems: 11.00 for
products manufactured on or after January 23, 2006.''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Small-Duct High-Velocity (SDHV) Systems: 6.80 for
products manufactured on or after January 23, 2006.''.
______
SA 1750. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. FULL EXPENSING FOR QUALIFIED REFINERY PROPERTY.
(a) In General.--Subsection (a) of section 179C (relating
to election to expense certain refineries) is amended by
striking ``50 percent of''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. __. DENIAL OF DEDUCTION FOR PUNITIVE DAMAGES.
(a) Disallowance of Deduction.--
(1) In general.--Section 162(g) (relating to treble damage
payments under the antitrust laws) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively,
(B) by striking ``If'' and inserting:
``(1) Treble damages.--If'', and
(C) by adding at the end the following new paragraph:
[[Page S8109]]
``(2) Punitive damages.--No deduction shall be allowed
under this chapter for any amount paid or incurred for
punitive damages in connection with any judgment in, or
settlement of, any action. This paragraph shall not apply to
punitive damages described in section 104(c).''.
(2) Conforming amendment.--The heading for section 162(g)
is amended by inserting ``Or Punitive Damages'' after
``Laws''.
(b) Inclusion in Income of Punitive Damages Paid by Insurer
or Otherwise.--
(1) In general.--Part II of subchapter B of chapter 1
(relating to items specifically included in gross income) is
amended by adding at the end the following new section:
``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR
OTHERWISE.
``Gross income shall include any amount paid to or on
behalf of a taxpayer as insurance or otherwise by reason of
the taxpayer's liability (or agreement) to pay punitive
damages.''.
(2) Reporting requirements.--Section 6041 (relating to
information at source) is amended by adding at the end the
following new subsection:
``(h) Section To Apply to Punitive Damages Compensation.--
This section shall apply to payments by a person to or on
behalf of another person as insurance or otherwise by reason
of the other person's liability (or agreement) to pay
punitive damages.''.
(3) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 1 is amended by adding at the
end the following new item:
``Sec. 91. Punitive damages compensated by insurance or otherwise.''.
(c) Effective Date.--The amendments made by this section
shall apply to damages paid or incurred on or after the date
of the enactment of this Act.
SEC. ___. MODIFICATIONS TO WHISTLEBLOWER REFORMS.
(a) Modification of Tax Threshold for Awards.--Subparagraph
(B) of section 7623(b)(5), as added by the Tax Relief and
Health Care Act of 2006, is amended by striking
``$2,000,000'' and inserting ``$20,000''.
(b) Whistleblower Office.--
(1) In general.--Section 7623 is amended by adding at the
end the following new subsections:
``(c) Whistleblower Office.--
``(1) In general.--There is established in the Internal
Revenue Service an office to be known as the `Whistleblower
Office' which--
``(A) shall at all times operate at the direction of the
Commissioner and coordinate and consult with other divisions
in the Internal Revenue Service as directed by the
Commissioner,
``(B) shall analyze information received from any
individual described in subsection (b) and either investigate
the matter itself or assign it to the appropriate Internal
Revenue Service office,
``(C) shall monitor any action taken with respect to such
matter,
``(D) shall inform such individual that it has accepted the
individual's information for further review,
``(E) may require such individual and any legal
representative of such individual to not disclose any
information so provided,
``(F) in its sole discretion, may ask for additional
assistance from such individual or any legal representative
of such individual, and
``(G) shall determine the amount to be awarded to such
individual under subsection (b).
``(2) Funding for office.--There is authorized to be
appropriated $10,000,000 for each fiscal year for the
Whistleblower Office. These funds shall be used to maintain
the Whistleblower Office and also to reimburse other Internal
Revenue Service offices for related costs, such as costs of
investigation and collection.
``(3) Request for assistance.--
``(A) In general.--Any assistance requested under paragraph
(1)(F) shall be under the direction and control of the
Whistleblower Office or the office assigned to investigate
the matter under subparagraph (A). No individual or legal
representative whose assistance is so requested may by reason
of such request represent himself or herself as an employee
of the Federal Government.
``(B) Funding of assistance.--From the amounts available
for expenditure under subsection (b), the Whistleblower
Office may, with the agreement of the individual described in
subsection (b), reimburse the costs incurred by any legal
representative of such individual in providing assistance
described in subparagraph (A).
``(d) Reports.--The Secretary shall each year conduct a
study and report to Congress on the use of this section,
including--
``(1) an analysis of the use of this section during the
preceding year and the results of such use, and
``(2) any legislative or administrative recommendations
regarding the provisions of this section and its
application.''.
(2) Conforming amendment.--Section 406 of division A of the
Tax Relief and Health Care Act of 2006 is amended by striking
subsections (b) and (c).
(3) Report on implementation.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of
the Treasury shall submit to Congress a report on the
establishment and operation of the Whistleblower Office under
section 7623(c) of the Internal Revenue Code of 1986.
(c) Publicity of Award Appeals.--Paragraph (4) of section
7623(b), as added by the Tax Relief and Health Care Act of
2006, is amended to read as follows:
``(4) Appeal of award determination.--
``(A) In general.--Any determination regarding an award
under paragraph (1), (2), or (3) may, within 30 days of such
determination, be appealed to the Tax Court (and the Tax
Court shall have jurisdiction with respect to such matter).
``(B) Publicity of appeals.--Notwithstanding sections 7458
and 7461, the Tax Court may, in order to preserve the
anonymity, privacy, or confidentiality of any person under
this subsection, provide by rules adopted under section 7453
that portions of filings, hearings, testimony, evidence, and
reports in connection with proceedings under this subsection
may be closed to the public or to inspection by the
public.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to information
provided on or after the date of the enactment of this Act.
(2) Publicity of award appeals.--The amendment made by
subsection (c) shall take effect as if included in the
amendments made by section 406 of the Tax Relief and Health
Care Act of 2006.
SEC. __. MODIFICATIONS OF DEFINITION OF EMPLOYEES COVERED BY
DENIAL OF DEDUCTION FOR EXCESSIVE EMPLOYEE
REMUNERATION.
(a) In General.--Paragraph (3) of section 162(m) is amended
to read as follows:
``(3) Covered employee.--For purposes of this subsection,
the term `covered employee' means, with respect to any
taxpayer for any taxable year, an individual who--
``(A) was the chief executive officer of the taxpayer, or
an individual acting in such a capacity, at any time during
the taxable year,
``(B) is 1 of the 4 highest compensated officers of the
taxpayer for the taxable year (other than the individual
described in subparagraph (A)), or
``(C) was a covered employee of the taxpayer (or any
predecessor) for any preceding taxable year beginning after
December 31, 2006.
``In the case of an individual who was a covered employee
for any taxable year beginning after December 31, 2006, the
term `covered employee' shall include a beneficiary of such
employee with respect to any remuneration for services
performed by such employee as a covered employee (whether or
not such services are performed during the taxable year in
which the remuneration is paid).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.
______
SA 1751. Mr. CRAPO (for himself, Mr. Craig, and Mr. Conrad) submitted
an amendment intended to be proposed to amendment SA 1502 proposed by
Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on
foreign oil by investing in clean, renewable, and alternative energy
resources, promoting new emerging energy technologies, developing
greater efficiency, and creating a Strategic Energy Efficiency and
Renewables Reserve to invest in alternative energy, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC
TRANSMISSION FACILITIES NOT SUBJECT TO PRIVATE
BUSINESS USE TEST.
(a) In General.--Section 141(b)(6) of the Internal Revenue
Code of 1986 (defining private business use ) is amended by
adding at the end the following new subparagraph:
``(C) Exception for certain electric transmission
facilities.--For purposes of the 1st sentence of subparagraph
(A), the operation or use of an electric transmission
facility by any person which is not a governmental unit shall
not be considered a private business use if--
``(i) the facility is placed in service on or after the
date of the enactment of this subparagraph and is owned by--
``(I) a State or political subdivision of a State, or any
agency, authority, or instrumentality of any of the foregoing
providing electric service, directly or indirectly to the
public, or
``(II) a State or political subdivision of a State
expressly authorized under applicable State law effective on
or after January 1, 2004, to finance and own electric
transmission facilities, and
``(ii) bonds for such facility are issued before the date
which is 5 years after the date of the enactment of this
subparagraph.''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
______
SA 1752. Mr. GRASSLEY (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed to amendment SA 1704 proposed by Mr.
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr.
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in
[[Page S8110]]
clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 42, after line 12, insert the following:
(d) Priority for University Partnerships.--Subsection (d)
of section 48B (relating to qualifying gasification project
program) is amended by adding at the end the following new
paragraph:
``(4) University partnerships.--In determining which
qualifying gasification projects to certify under this
subsection, the Secretary may give priority to otherwise
qualifying projects that also include collaborative research
and education partnerships with universities in which--
``(A) the university has demonstrated active involvement in
successful use of biomass fuels,
``(B) the project will provide electricity, synthetic gas,
steam, heating, or cooling to the university from a facility
with a nameplate generation capacity of at least 20 megawatts
or equivalent,
``(C) the project will provide the opportunity for applied
university research, demonstration, technical education, and
certification in gasification technology and applications of
the use of biomass fuel, and
``(D) the research associated with the project involves the
goal of reducing greenhouse gas emissions.''.
______
SA 1753. Mr. DeMINT (for himself, Mr. Craig, Mr. Graham, Mr. Inhofe,
Mr. Burr, Ms. Murkowski, and Mr. Crapo) submitted an amendment intended
to be proposed by him to the bill S. 1419, to move the United States
toward greater energy independence and security, to increase the
production of clean renewable fuels, to protect consumers from price
gouging, to increase the energy efficiency of products, buildings and
vehicles, to promote research on and deploy greenhouse gas capture and
storage options, and to improve the energy performance of the Federal
Government, and for other purposes; which was ordered to lie on the
table, as follows:
At the end, add the following:
TITLE VIII--NUCLEAR WASTE ACCESS TO YUCCA
SEC. 801. SHORT TITLE.
This title may be cited as the ``Nuclear Waste Access to
Yucca Act''.
SEC. 802. DEFINITIONS.
In this title:
(1) Disposal.--The term ``disposal'' has the meaning given
the term in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101).
(2) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Project.--The term ``Project'' means the Yucca Mountain
Project.
(4) Repository.--The term ``repository'' has the meaning
given the term in section 2 of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(7) Yucca mountain site.--The term ``Yucca Mountain site''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
SEC. 803. WITHDRAWAL OF LAND.
(a) Land Withdrawal; Jurisdiction; Reservation;
Acquisition.--
(1) Land withdrawal.--Subject to valid existing rights, and
except as otherwise provided in this title, the land
described in subsection (b) is withdrawn permanently from any
form of entry, appropriation, or disposal under the public
land laws, including, without limitation--
(A) the mineral leasing laws;
(B) the geothermal leasing laws;
(C) materials sales laws; and
(D) the mining laws.
(2) Jurisdiction.--As of the date of enactment of this Act,
any land described in subsection (b) that is under the
jurisdiction of the Secretary of the Air Force or the
Secretary of the Interior shall be--
(A) transferred to the Secretary; and
(B) under the jurisdiction of the Secretary.
(3) Reservation.--The land described in subsection (b) is
reserved for use by the Secretary for activities associated
with the disposal of high-level radioactive waste and spent
nuclear fuel under the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.), including--
(A) development;
(B) preconstruction testing and performance confirmation;
(C) licensing;
(D) construction;
(E) management and operation;
(F) monitoring;
(G) closure and post-closure; and
(H) other such activities associated with the disposal of
high-level radioactive waste and spent nuclear fuel under the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
(b) Land Description.--
(1) Boundaries.--The land referred to in subsection (a) is
the approximately 147,000 acres of land located in Nye
County, Nevada, as generally depicted on the map relating to
the Project, numbered YMP-03-024.2, entitled ``Proposed Land
Withdrawal'', and dated July 21, 2005.
(2) Legal description and map.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall--
(i) publish in the Federal Register a notice containing a
legal description of the land described in this subsection;
and
(ii) provide to Congress, the Governor of the State of
Nevada, and the Archivist of the United States--
(I) a copy of the map referred to in paragraph (1); and
(II) the legal description of the land.
(B) Treatment.--
(i) In general.--The map and legal description referred to
in subparagraph (A) shall have the same force and effect as
if the map and legal description were included in this title.
(ii) Technical corrections.--The Secretary of the Interior
may correct any clerical or typographical error in the map
and legal description referred to in subparagraph (A).
(c) Revocations.--
(1) Public land order.--Public Land Order 6802, dated
September 25, 1990 (as extended by Public Land Order 7534),
and any condition or memorandum of understanding accompanying
the land order (as so extended), is revoked.
(2) Right of way.--The rights-of-way reservations relating
to the Project, numbered N-48602 and N-47748 and dated
January 5, 2001, are revoked.
(d) Management of Withdrawn Land.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Air Force and the Secretary of the Interior,
as appropriate, shall manage the land withdrawn under
subsection (a)(1) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this title; and
(C) other applicable laws.
(2) Management plan.--
(A) Development.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of the Air Force and the Secretary of the
Interior, as appropriate, shall develop and submit to
Congress and the State of Nevada a management plan for the
use of the land withdrawn under subsection (a)(1).
(B) Priority.--Subject to subparagraphs (C), (D), and (E),
use of the land withdrawn under subsection (a)(1) for an
activity not relating to the Project shall be subject to such
conditions and restrictions as the Secretary considers to be
appropriate to facilitate activities relating to the Project.
(C) Air force use.--The management plan may provide for the
continued use by the Department of the Air Force of the
portion of the land withdrawn under subsection (a)(1) located
within the Nellis Air Force base test and training range
under such terms and conditions as may be agreed to by the
Secretary and the Secretary of the Air Force.
(D) Nevada test site use.--The management plan may provide
for the continued use by the National Nuclear Security
Administration of the portion of the land withdrawn under
subsection (a)(1) located within the Nevada test site of the
Administration under such conditions as the Secretary
considers to be necessary to minimize any effect on
activities relating to the Project or other activities of the
Administration.
(E) Other uses.--
(i) In general.--The management plan shall include
provisions--
(I) relating to the maintenance of wildlife habitat on the
land withdrawn under subsection (a)(1); and
(II) under which the Secretary may permit any use not
relating to the Project, as the Secretary considers to be
appropriate, in accordance with the requirements under clause
(ii).
(ii) Requirements.--
(I) Grazing.--The Secretary may permit any grazing use to
continue on the land withdrawn under subsection (a)(1) if the
grazing use was established before the date of enactment of
this Act, subject to such regulations, policies, and
practices as the Secretary, in consultation with the
Secretary of the Interior, determines to be appropriate, and
in accordance with applicable grazing laws and policies,
including--
(aa) the Act of June 28, 1934 (commonly known as the
``Taylor Grazing Act'') (43 U.S.C. 315 et seq.);
(bb) title IV of the Federal Land Policy Management Act of
1976 (43 U.S.C. 1751 et seq.); and
(cc) the Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901 et seq.).
(II) Hunting and trapping.--The Secretary may permit any
hunting or trapping use to continue on the land withdrawn
under subsection (a)(1) if the hunting or trapping use was
established before the date of enactment of this Act, at such
time and in such zones as
[[Page S8111]]
the Secretary, in consultation with the Secretary of the
Interior and the State of Nevada, may establish, taking into
consideration public safety, national security,
administration, and public use and enjoyment of the land.
(F) Public access.--
(i) In general.--The management plan may provide for
limited public access to the portion of the land withdrawn
under subsection (a)(1) that was under the control of the
Bureau of Land Management on the day before the date of
enactment of this Act.
(ii) Specific uses.--The management plan may permit public
uses of the land relating to the Nye County Early Warning
Drilling Program, utility corridors, and other uses the
Secretary, in consultation with the Secretary of the
Interior, considers to be consistent with the purposes of the
withdrawal under subsection (a)(1).
(3) Mining.--
(A) In general.--Surface and subsurface mining and oil and
gas production, including slant drilling from outside the
boundaries of the land withdrawn under subsection (a)(1),
shall be prohibited at any time on or under the land.
(B) Evaluation of claims.--The Secretary of the Interior
shall evaluate and adjudicate the validity of any mining
claim relating to any portion of the land withdrawn under
subsection (a)(1) that was under the control of the Bureau of
Land Management on the day before the date of enactment of
this Act.
(C) Compensation.--The Secretary shall provide just
compensation for the acquisition of any valid property right
relating to mining pursuant to the withdrawal under
subsection (a)(1).
(4) Closures.--If the Secretary, in consultation with the
Secretary of the Air Force and the Secretary of the Interior,
as appropriate, determines that the health and safety of the
public or the national defense and security require the
closure of a road, trail, or other portion of the land
withdrawn under subsection (a)(1) (including the airspace
above the land), the Secretary--
(A) may close the road, trail, or portion of land
(including airspace); and
(B) shall provide to the public a notice of the closure.
(5) Implementation.--The Secretary and the Secretary of the
Air Force or the Secretary of the Interior, as appropriate,
shall implement the management plan developed under paragraph
(2) under such terms and conditions as may be agreed to by
the Secretaries.
SEC. 804. RECEIPT AND STORAGE FACILITIES.
Section 114(b) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10134(b)) is amended--
(1) by striking ``If the President'' and inserting the
following:
``(1) In general.--If the President''; and
(2) by adding at the end the following:
``(2) Application for receipt and storage facilities.--
``(A) In general.--In conjunction with the submission of an
application for a construction authorization under this
subsection, the Secretary shall apply to the Commission for a
license in accordance with part 72 of title 10, Code of
Federal Regulations (or a successor regulation), to construct
and operate facilities to receive and store spent nuclear
fuel and high-level radioactive waste at the Yucca Mountain
site.
``(B) Deadline for final decision by commission.--The
Commission shall issue a final decision approving or
disapproving the issuance of the license not later than 18
months after the date of submission of the application to the
Commission.''.
SEC. 805. REPEAL OF CAPACITY LIMITATION.
Section 114(d) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10134(d)) is amended by striking the second and third
sentences.
SEC. 806. INFRASTRUCTURE ACTIVITIES.
Section 114 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10134) is amended by adding at the end the following:
``(g) Infrastructure Activities.--
``(1) Construction of connected facilities.--At any time
after the completion by the Secretary of a final
environmental impact statement that evaluates the activities
to be performed under this subsection, the Secretary may
commence the following activities in connection with any
activity or facility licensed or to be licensed by the
Commission at the Yucca Mountain site:
``(A) Preparation of the site for construction of the
facility (including such activities as clearing, grading, and
construction of temporary access roads and borrow areas).
``(B) Installation of temporary construction support
facilities (including such items as warehouse and shop
facilities, utilities, concrete mixing plants, docking and
unloading facilities, and construction support buildings).
``(C) Excavation for facility structures.
``(D) Construction of service facilities (including such
facilities as roadways, paving, railroad spurs, fencing,
exterior utility and lighting systems, transmission lines,
and sanitary sewerage treatment facilities).
``(E) Construction of structures, systems, and components
that do not prevent or mitigate the consequences of possible
accidents that could cause undue risk to the health and
safety of the public.
``(F) Installation of structural foundations (including any
necessary subsurface preparation) for structures, systems,
and components that prevent or mitigate the consequences of
possible accidents that could cause undue risk to the health
and safety of the public.
``(2) Authorization to receive and store.--
``(A) Definitions.--In this paragraph:
``(i) Defense waste.--The term `defense waste' means high-
level radioactive waste, and spent nuclear fuel, that results
from an atomic energy defense activity.
``(ii) Legacy spent nuclear fuel.--The term `legacy spent
nuclear fuel' means spent nuclear fuel--
``(I) that is subject to a contract entered into pursuant
to section 302; and
``(II) for which the Secretary determines that there is not
at the time of the determination, and will not be within a
reasonable time after the determination, sufficient domestic
capacity available to recycle the spent nuclear fuel.
``(B) Authorization for defense waste.--At any time after
the issuance of a license for receipt and storage facilities
under subsection (b)(2), the Secretary may transport defense
waste to receipt and storage facilities at the Yucca Mountain
site.
``(C) Authorization for legacy spent nuclear fuel.--At any
time after the issuance of a construction authorization under
subsection (d) and the issuance of a license for receipt and
storage facilities under subsection (b)(2), the Secretary may
receive and store legacy spent nuclear fuel and high-level
radioactive waste at the Yucca Mountain site.''.
SEC. 807. RAIL LINE.
(a) Construction of Rail Line.--The Secretary shall acquire
rights-of-way within the corridor designated in subsection
(b) in accordance with this section, and shall construct and
operate, or cause to be constructed and operated, a railroad
and such facilities as are required to transport spent
nuclear fuel and high-level radioactive waste from existing
rail systems to the site of surface facilities within the
geologic repository operations area for the receipt,
handling, packaging, and storage of spent nuclear fuel and
high-level radioactive waste prior to emplacement.
(b) Acquisition and Withdrawal of Land.--
(1) Route designation and acquisition.--
(A) Rights-of-way and facilities.--The Secretary shall
acquire such rights-of-way and develop such facilities within
the corridor referred to as ``X'' on the map dated [___] and
on file with the Secretary as are necessary to carry out
subsection (a).
(B) Recommendations.--The Secretary shall consider specific
alignment proposals for the route for the corridor made by
the State of Nevada and the units of local government within
whose jurisdiction the route is proposed to pass.
(C) Notice and description.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall--
(i) publish in the Federal Register a notice containing a
legal description of the corridor; and
(ii) file copies of the map referred to in paragraph (1)
and the legal description of the corridor with--
(I) Congress;
(II) the Secretary of the Interior;
(III) the Governor of the State of Nevada;
(IV) the Board of County Commissioners of Lincoln County,
Nevada;
(V) the Board of County Commissioners of Nye County,
Nevada; and
(VI) the Archivist of the United States.
(D) Administration.--
(i) Effect.--The map and legal description referred to in
subparagraph (C) shall have the same force and effect as if
the map and legal description were included in this title.
(ii) Corrections.--The Secretary may correct clerical and
typographical errors in the map and legal description and
make minor adjustments in the boundaries of the corridor.
(2) Withdrawal and reservation.--
(A) Public land.--Subject to valid existing rights, the
public land depicted on the map referred to in paragraph
(1)(C) is withdrawn from all forms of entry, appropriation,
and disposal under the public land laws, including the
mineral leasing laws, the geothermal laws, the material sale
laws, and the mining laws.
(B) Administrative jurisdiction.--Administrative
jurisdiction over the land is transferred from the Secretary
of the Interior to the Secretary.
(C) Reservation.--The land is reserved for the use of the
Secretary for the construction and operation of
transportation facilities and associated activities under
title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10121 et seq.)
(D) Memorandum of understanding.--The Secretary may also
enter into a memorandum of understanding with the head of any
other agency having administrative jurisdiction over other
Federal land used for purposes of the corridor referred to in
paragraph (1)(A).
(c) Environmental Impact.--
(1) In general.--The Secretary shall comply with all
applicable requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
activities carried out under this section.
(2) Consideration of potential impacts.--To the extent a
Federal agency is required to consider the potential
environmental impact of an activity carried out under this
section, the Federal agency shall adopt, to the maximum
extent practicable, an environmental
[[Page S8112]]
impact statement prepared under this section.
(3) Effect of adoption of statement.--The adoption by a
Federal agency of an environmental impact statement under
paragraph (2) shall be considered to satisfy the
responsibilities of the Federal agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and no further consideration under that Act shall be required
by the Federal agency.
SEC. 808. NEW PLANT CONTRACTS.
Section 302(a) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(a)) is amended by striking paragraph (5) and
inserting the following:
``(5) Required provisions.--
``(A) In general.--Except as provided in subparagraph (B),
any contract entered into under this section shall provide
that--
``(i) following issuance of a license to construct and
operate facilities to receive and store spent nuclear fuel at
the Yucca Mountain site, the Secretary shall take title to
the high-level radioactive waste or spent nuclear fuel
involved as expeditiously as practicable upon the request of
the generator or owner of such waste or spent fuel; and
``(ii) in return for the payment of fees established by
this section, the Secretary, beginning not later than January
31, 1998, shall dispose of the high-level radioactive waste
or spent nuclear fuel involved as provided in this subtitle.
``(B) Exception.--Notwithstanding subparagraph (A), with
respect to a nuclear power facility for which a license
application is filed with the Commission after January 1,
2008, under section 103 or 104 of the Atomic Energy Act of
1954 (42 U.S.C. 2133, 2134), a contract entered into under
this section shall--
``(i) except as provided in clause (ii) and any terms and
conditions relating to spent nuclear fuel generated before
the date of enactment of the Nuclear Fuel Management and
Disposal Act, be consistent with the terms and conditions of
the contract entitled `Contract for Disposal of Spent Nuclear
Fuel and/or High-Level Radioactive Waste' that is included in
section 961.11 of title 10 of the Code of Federal Regulations
(as in effect on the date of enactment of the Nuclear Fuel
Management and Disposal Act);
``(ii) provide for the taking of title to, and removal of,
high-level waste or spent nuclear fuel beginning not later
than 30 years after the date on which the nuclear power
facility begins commercial operations; and
``(iii) be entered into not later than 60 days after the
date on which the license application is docketed by the
Commission.''.
SEC. 809. NUCLEAR WASTE FUND.
(a) Budget Act Allocations.--Effective for fiscal year 2008
and each fiscal year thereafter, funds appropriated from the
Nuclear Waste Fund established under section 302 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) shall not
be subject to--
(1) the allocations for discretionary spending under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)); or
(2) the suballocations of appropriations committees under
section 302(b) of that Act.
(b) Fund Uses.--Section 302(d)(4) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(d)(4)) is amended by
striking ``with'' and all that follows through ``storage
site'' and inserting ``with surface facilities within the
geologic repository operations area (including surface
facilities for the receipt, handling, packaging, and storage
of spent nuclear fuel and high-level radioactive waste prior
to emplacement, or transportation to the repository of spent
nuclear fuel or high-level radioactive waste to surface
facilities for the receipt, handling, packaging, and storage
of spent nuclear fuel and high-level radioactive waste prior
to emplacement and the transportation, treating, or packaging
of spent nuclear fuel or high-level radioactive waste to be
disposed of in the repository, to be stored in a monitored
retrievable storage site),''.
SEC. 810. WASTE CONFIDENCE.
For purposes of a determination by the Nuclear Regulatory
Commission on whether to grant or amend any license to
operate any civilian nuclear power reactor or high-level
radioactive waste or spent fuel storage or treatment facility
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.),
the provisions of this title (including the amendments made
by this title) and the obligation of the Secretary to develop
a repository in accordance with the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.), shall provide sufficient
and independent grounds for any further findings by the
Nuclear Regulatory Commission of reasonable assurances that
spent nuclear fuel and high-level radioactive waste would be
disposed of safely and in a timely manner.
______
SA 1754. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I, add the following:
Subtitle D--Boutique Fuel Reduction
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ``Boutique Fuel Reduction
Act of 2007''.
SEC. 162. REDUCTION IN NUMBER OF BOUTIQUE FUELS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)) is amended--
(1) in clause (ii)(II), by inserting ``an unexpected
problem with distribution or delivery equipment that is
necessary for the transportation or delivery of fuel or fuel
additives,'' after ``equipment failure,'';
(2) by redesignating the second clause (v) (relating to the
authority of the Administrator to approve certain State
implementation plans) as clause (vi); and
(3) in clause (vi) (as redesignated by paragraph (2))--
(A) in subclause (I), by striking ``fuels approved under''
and all that follows through the end of the subclause and
inserting ``fuels included on the list published under
subclause (II) (including any revisions to the list under
subclause (III)).'';
(B) by striking subclause (III) and inserting the
following:
``(III) Removal of fuels from list.--
``(aa) In general.--The Administrator, after providing
notice and an opportunity for comment, shall remove a fuel
from the list published under subclause (II) if the
Administrator determines that the fuel has ceased to be
included in any State implementation plan or is identical to
a Federal fuel control or prohibition established and
enforced the Administrator.
``(bb) Publication of revised list.--On removing a fuel
from the list under item (aa), the Administrator shall
publish a revised list that reflects that removal.''; and
(C) by striking subclause (IV) and inserting the following:
``(IV) No limitation on authority.--Nothing in subclause
(I) or (V) limits the authority of the Administrator to
approve a control or prohibition relating to any new fuel
under this paragraph in a State implementation plan (or a
revision to such a plan), if--
``(aa) the new fuel completely replaces a fuel on the list
published under subclause (II) (including any revisions to
the list under subclause (III));
``(bb) the new fuel does not increase the total number of
fuels contained on the list (including any revisions to the
list); or
``(cc) the Administrator, in consultation with the
Secretary of Energy, publishes in the Federal Register, after
providing notice and an opportunity for public comment, a
determination that the control or prohibition will not any
cause fuel supply or distribution interruption or have any
significant adverse impact on fuel producibility in the
affected area or any contiguous area.''.
SEC. 163. COMPLETION OF HARMONIZATION STUDY.
Section 1509(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 1084) is amended by striking paragraph
(1) and inserting the following:
``(1) In general.--The Administrator of the Environmental
Protection Agency and the Secretary shall submit to Congress
a report on the results of the study conducted under
subsection (a) by not later than the earlier of--
``(A) the date that is 270 days after the date of enactment
of this subparagraph; and
``(B) June 1, 2008.''.
______
SA 1755. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 281, after line 22, insert the following:
(d) Suspension of Gasoline Excise Tax.--If the President
declares a Federal energy emergency under subsection (a), the
tax imposed under section 4081(a) of the Internal Revenue
Code of 1986 shall be suspended during the period specified
pursuant to subsection (b)(1) in the geographic area
specified pursuant to subsection (b)(3).
______
SA 1756. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 279, between lines 19 and 20, insert the following:
SEC. 603A. SUSPENSION OF DAVIS-BACON REQUIREMENTS DURING
ENERGY EMERGENCY.
Notwithstanding subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act), the
[[Page S8113]]
President shall suspend the provisions of such subchapter
during any energy emergency declared by the President under
section 606 for the area or region to which the energy
emergency applies.
______
SA 1757. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 283, between lines 20 and 21, insert the following:
(d) Reimbursement of Court Costs.--If the Federal Trade
Commission brings an enforcement action against a person or
business entity under this section and the defendant is not
found to have violated this title, the court shall order the
Commission to reimburse the defendant for all costs
associated with defending against the enforcement action.
On page 286, between lines 8 and 9, insert the following:
(h) Reimbursement of Court Costs.--If a State brings an
enforcement action against a person or business entity under
this section and the defendant is not found to have violated
this title, the court shall order the State to reimburse the
defendant for all costs associated with defending against the
enforcement action.
______
SA 1758. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 131. ENERGY EFFICIENCY RESIDENTIAL GUARANTEES.
Section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513) (as amended by section 124(a)) is amended--
(1) in subsection (b), by adding at the end the following:
``(11) Energy efficiency residential financing guarantees
provided under subsection (g).''; and
(2) by adding at the end the following:
``(g) Energy Efficiency Residential Guarantees.--
``(1) In general.--Subject to the availability of funds
appropriated in advance, the Secretary shall make guarantees
under this section for single and multifamily mortgage bonds
and related financing for energy efficiency purposes.
``(2) Purposes.--The Secretary shall make a guarantee under
this subsection only for--
``(A) bonds and related financing issued by State housing
and energy agencies; or
``(B) debt financing for energy efficiency measures in new
or existing housing supported by Federal financial assistance
programs under which energy efficiency projects are approved
jointly by State housing finance and energy agencies.
``(3) Criteria.--Not later than 90 days after the date of
enactment of this subsection, the Secretary (in consultation
with State housing finance, energy, weatherization and public
utility commissioners) shall promulgate regulations
establishing criteria for energy efficiency projects eligible
for guarantees under this subsection.
``(4) Administration.--Subsections (a)(2) and (d) shall not
apply to a guarantee made under this subsection.''.
______
SA 1759. Mr. WYDEN (for himself, Ms. Landrieu, and Mr. Salazar)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 192, after line 21, add the following:
SEC. 305. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND
NITROUS OXIDE EMISSIONS FROM TERRESTRIAL
ECOSYSTEMS.
(a) Definitions.--In this section:
(1) Adaptation strategy.--The term ``adaptation strategy''
means a land use and management strategy that can be used to
increase the sequestration capabilities of any terrestrial
ecosystem.
(2) Assessment.--The term ``assessment'' means the national
assessment authorized under subsection (b).
(3) Covered greenhouse gas.--The term ``covered greenhouse
gas'' means carbon dioxide, nitrous oxide, and methane gas.
(4) Native plant species.--The term ``native plant
species'' means any noninvasive, naturally occurring plant
species within a terrestrial ecosystem.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Terrestrial ecosystem.--
(A) In general.--The term ``terrestrial ecosystem'' means
any ecological and surficial geological system on public
land.
(B) Inclusions.--The term ``terrestrial ecosystem''
includes--
(i) forest land;
(ii) grassland; and
(iii) freshwater aquatic ecosystems.
(b) Authorization of Assessment.--Not later than 2 years
after the date on which the final methodology is published
under subsection (f)(3)(D), the Secretary shall complete a
national assessment of--
(1) the quantity of carbon stored in and released from
terrestrial ecosystems; and
(2) the annual flux of covered greenhouse gases in and out
of terrestrial ecosystems.
(c) Components.--In conducting the assessment under
subsection (b), the Secretary shall--
(1) determine the processes that control the flux of
covered greenhouse gases in and out of each terrestrial
ecosystem;
(2) estimate the technical and economic potential for
increasing carbon sequestration in natural and managed
terrestrial ecosystems through management activities or
restoration activities in each terrestrial ecosystem;
(3) develop near-term and long-term adaptation strategies
or mitigation strategies that can be employed--
(A) to enhance the sequestration of carbon in each
terrestrial ecosystem;
(B) to reduce emissions of covered greenhouse gases; and
(C) to adapt to climate change; and
(4) estimate annual carbon sequestration capacity of
terrestrial ecosystems under a range of policies in support
of management activities to optimize sequestration.
(d) Use of Native Plant Species.--In developing restoration
activities under subsection (c)(2) and management strategies
and adaptation strategies under subsection (c)(3), the
Secretary shall emphasize the use of native plant species
(including mixtures of many native plant species) for
sequestering covered greenhouse gas in each terrestrial
ecosystem.
(e) Consultation.--In conducting the assessment under
subsection (b) and developing the methodology under
subsection (f), the Secretary shall consult with--
(1) the Secretary of Energy;
(2) the Secretary of Agriculture;
(3) the Administrator of the Environmental Protection
Agency;
(4) the heads of other relevant agencies;
(5) consortia based at institutions of higher education and
with research corporations; and
(6) forest and grassland managers.
(f) Methodology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting the assessment.
(2) Requirements.--The methodology developed under
paragraph (1)--
(A) shall--
(i) determine the method for measuring, monitoring,
quantifying, and monetizing covered greenhouse gas emissions
and reductions, including methods for allocating and managing
offsets or credits; and
(ii) estimate the total capacity of each terrestrial
ecosystem to--
(I) sequester carbon; and
(II) reduce emissions of covered greenhouse gases; and
(B) may employ economic and other systems models, analyses,
and estimations, to be developed in consultation with each of
the individuals described in subsection (e).
(3) External review and publication.--On completion of a
proposed methodology, the Secretary shall--
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the final
methodology is published, solicit comments from--
(i) the public; and
(ii) heads of affected Federal and State agencies;
(C) establish a panel to review the proposed methodology
published under subparagraph (A) and any comments received
under subparagraph (B), to be composed of members--
(i) with expertise in the matters described in subsections
(c) and (d); and
(ii) that are, as appropriate, representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and
international organizations; and
(D) on completion of the review under subparagraph (C),
publish in the Federal register the revised final
methodology.
(g) Estimate; Review.--The Secretary shall--
(1) based on the assessment, prescribe the data,
information, and analysis needed to establish a
scientifically sound estimate of--
(A) the carbon sequestration capacity of relevant
terrestrial ecosystems;
(B) a national inventory of covered greenhouse gas sources
that is consistent with the inventory prepared by the
Environmental Protection Agency entitled the ``Inventory
[[Page S8114]]
of U.S. Greenhouse Gas Emissions and Sinks: 1990-2005''; and
(C) the willingness of covered greenhouse gas emitters to
pay to sequester the covered greenhouse gases emitted by the
applicable emitters in designated terrestrial ecosystems; and
(2) not later than 180 days after the date on which the
assessment is completed, submit to the heads of applicable
Federal agencies and the appropriate committees of Congress a
report that describes the results of the assessment.
(h) Data and Report Availability.--On completion of the
assessment, the Secretary shall incorporate the results of
the assessment into a web-accessible database for public use.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of the 3 years following the date of enactment of this
Act.
______
SA 1760. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr. Reid)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 10, between lines 8 and 9, insert the following:
(8) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means the aggregate
quantity of greenhouse gases attributable to the production,
transportation, and use of renewable fuel, including the
production, extraction, cultivation, distribution, marketing,
and transportation of feedstocks, as modified by deducting,
as determined by the Administrator of the Environmental
Protection Agency--
(A) any greenhouse gases captured at the facility and
sequestered; and
(B) the carbon content, expressed in units of carbon
dioxide equivalent, of any feedstock that is renewable
biomass.
______
SA 1761. Mr. CARDIN (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in cooperation with the Secretary, the
Secretary of Agriculture, and the Secretary of
Transportation, and after providing notice and an opportunity
for public comment, shall conduct a study of the feasibility
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol of not less than 10
percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing the consumption of ethanol;
(2) an evaluation of the economic, market, and energy
impacts of State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy
impacts on gasoline retailers and consumers of separate and
distinctly-labeled fuel storage facilities and dispensers;
(4) an evaluation on the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of
onroad, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study
conducted under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out the
study under this section $1,000,000.
SEC. __. WAIVER OF REQUIREMENTS FOR NEW FUELS AND FUEL
ADDITIVES.
Section 211(f)(4) of the Clean Air Act (42 U.S.C.
7545(f)(4)) is amended by striking the last sentence and
inserting the following: ``After providing notice and
opportunity for comment, the Administrator shall approve or
deny an application submitted under this paragraph not later
than 270 days after the date of the receipt of the
application.''.
______
SA 1762. Mr. VOINOVICH submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 39, strike line 12 and all that follows
through page 42, line 8, and insert the following:
(b) Improvements to Underlying Loan Guarantee Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology' does not
include a technology if the sole use of the technology is in
connection with--
``(i) a demonstration plant; or
``(ii) a project for which the Secretary approved a loan
guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made; or
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall
not apply to a loan or loan guarantee made in accordance with
paragraph (1)(B).''.
(3) Amount.--Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended by striking subsection (c) and
inserting the following:
``(c) Amount.--
``(1) In general.--Subject to paragraphs (2) and (3), upon
the request of the borrower, the Secretary shall guarantee
100 percent of the principal and interest due on 1 or more
loans for a facility that are the subject of the guarantee,
on the condition that the Secretary has--
``(A) received from the borrower a payment in full for the
cost of the obligation; and
``(B) deposited the payment in the Treasury.
``(2) Limitation on amount.--The total amount of loans
guaranteed for a facility by the Secretary shall not exceed
80 percent of the total cost of the facility, as estimated at
the time at which the guarantee is issued.
``(3) Approval of applications.--
``(A) Deadline.--The Secretary shall approve or disapprove
an application for a guarantee not later than 1 year after
the date of receipt of the application.
``(B) Report.--The Secretary shall submit to Congress an
annual report on the approval or disapproval of all loan
guarantee applications that includes--
``(i) the reasons for each approval and disapproval; and
``(ii) an evaluation and recommendation by the Secretary
for the termination of authority for each eligible project
category described in section 1703(b).''.
(4) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary in a special fund in
the Treasury to be known as the `Incentives For Innovative
Technologies Fund'; and
``(B) remain available to the Secretary for expenditure,
without further appropriation or fiscal year limitation, for
administrative expenses incurred in carrying out this
title.''.
At the end, add the following:
TITLE VIII--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS
FACILITIES
SEC. 801. DEFINITIONS.
In this title:
[[Page S8115]]
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Domestic fuels facility.--
(A) In general.--The term ``domestic fuels facility'' means
a facility at which crude oil is refined into transportation
fuel or other petroleum products.
(B) Inclusion.--The term ``domestic fuels facility''
includes a domestic fuels facility expansion.
(3) Domestic fuels facility expansion.--The term ``domestic
fuels facility expansion'' means a physical change in a
domestic fuels facility that results in an increase in the
capacity of the domestic fuels facility.
(4) Domestic fuels facility permitting agreement.--The term
``domestic fuels facility permitting agreement'' means an
agreement entered into between the Administrator and a State
or Indian tribe under subsection (b).
(5) Domestic fuels producer.--The term ``domestic fuels
producer'' means an individual or entity that--
(A) owns or operates a domestic fuels facility; or
(B) seeks to become an owner or operator of a domestic
fuels facility.
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(7) Permit.--The term ``permit'' means any permit, license,
approval, variance, or other form of authorization that a
refiner is required to obtain--
(A) under any Federal law; or
(B) from a State or Indian tribal government agency
delegated with authority by the Federal Government, or
authorized under Federal law to issue permits.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
SEC. 802. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS
FACILITIES.
(a) In General.--At the request of the Governor of a State
or the governing body of an Indian tribe, the Administrator
shall enter into a domestic fuels facility permitting
agreement with the State or Indian tribe under which the
process for obtaining all permits necessary for the
construction and operation of a domestic fuels facility shall
be improved using a systematic interdisciplinary multimedia
approach as provided in this section.
(b) Authority of Administrator.--Under a domestic fuels
facility permitting agreement--
(1) the Administrator shall have authority, as applicable
and necessary, to--
(A) accept from a refiner a consolidated application for
all permits that the domestic fuels producer is required to
obtain to construct and operate a domestic fuels facility;
(B) establish a schedule under which each Federal, State,
or Indian tribal government agency that is required to make
any determination to authorize the issuance of a permit
shall--
(i) concurrently consider, to the maximum extent
practicable, each determination to be made; and
(ii) complete each step in the permitting process; and
(C) issue a consolidated permit that combines all permits
that the domestic fuels producer is required to obtain; and
(2) the Administrator shall provide to State and Indian
tribal government agencies--
(A) financial assistance in such amounts as the agencies
reasonably require to hire such additional personnel as are
necessary to enable the government agencies to comply with
the applicable schedule established under paragraph (1)(B);
and
(B) technical, legal, and other assistance in complying
with the domestic fuels facility permitting agreement.
(c) Agreement by the State.--Under a domestic fuels
facility permitting agreement, a State or governing body of
an Indian tribe shall agree that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) each State or Indian tribal government agency shall--
(A) make such structural and operational changes in the
agencies as are necessary to enable the agencies to carry out
consolidated project-wide permit reviews concurrently and in
coordination with the Environmental Protection Agency and
other Federal agencies; and
(B) comply, to the maximum extent practicable, with the
applicable schedule established under subsection (b)(1)(B).
(d) Interdisciplinary Approach.--
(1) In general.--The Administrator and a State or governing
body of an Indian tribe shall incorporate an
interdisciplinary approach, to the maximum extent
practicable, in the development, review, and approval of
domestic fuels facility permits subject to this section.
(2) Options.--Among other options, the interdisciplinary
approach may include use of--
(A) environmental management practices; and
(B) third party contractors.
(e) Deadlines.--
(1) New domestic fuels facilities.--In the case of a
consolidated permit for the construction of a new domestic
fuels facility, the Administrator and the State or governing
body of an Indian tribe shall approve or disapprove the
consolidated permit not later than--
(A) 360 days after the date of the receipt of the
administratively complete application for the consolidated
permit; or
(B) on agreement of the applicant, the Administrator, and
the State or governing body of the Indian tribe, 90 days
after the expiration of the deadline established under
subparagraph (A).
(2) Expansion of existing domestic fuels facilities.--In
the case of a consolidated permit for the expansion of an
existing domestic fuels facility, the Administrator and the
State or governing body of an Indian tribe shall approve or
disapprove the consolidated permit not later than--
(A) 120 days after the date of the receipt of the
administratively complete application for the consolidated
permit; or
(B) on agreement of the applicant, the Administrator, and
the State or governing body of the Indian tribe, 30 days
after the expiration of the deadline established under
subparagraph (A).
(f) Federal Agencies.--Each Federal agency that is required
to make any determination to authorize the issuance of a
permit shall comply with the applicable schedule established
under subsection (b)(1)(B).
(g) Judicial Review.--Any civil action for review of any
determination of any Federal, State, or Indian tribal
government agency in a permitting process conducted under a
domestic fuels facility permitting agreement brought by any
individual or entity shall be brought exclusively in the
United States district court for the district in which the
domestic fuels facility is located or proposed to be located.
(h) Efficient Permit Review.--In order to reduce the
duplication of procedures, the Administrator shall use State
permitting and monitoring procedures to satisfy substantially
equivalent Federal requirements under this section.
(i) Severability.--If 1 or more permits that are required
for the construction or operation of a domestic fuels
facility are not approved on or before any deadline
established under subsection (e), the Administrator may issue
a consolidated permit that combines all other permits that
the domestic fuels producer is required to obtain other than
any permits that are not approved.
(j) Savings.--Nothing in this section affects the operation
or implementation of otherwise applicable law regarding
permits necessary for the construction and operation of a
domestic fuels facility.
(k) Consultation With Local Governments.--Congress
encourages the Administrator, States, and tribal governments
to consult, to the maximum extent practicable, with local
governments in carrying out this section.
(l) Effect on Local Authority.--Nothing in this section
affects--
(1) the authority of a local government with respect to the
issuance of permits; or
(2) any requirement or ordinance of a local government
(such as zoning regulations).
At the appropriate place, insert the following:
Subtitle _--Energy Trust Fund
SEC. _. EXPANSION OF ELECTION TO EXPENSE CERTAIN REFINERIES.
(a) Full Expensing.--Section 179C(a) of the Internal
Revenue Code of 1986 (relating to treatment as expenses) is
amended by striking ``50 percent of''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. _. LIMITATION ON PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Limitation on Aggregate Amount of Depletion.--In the
case of any oil or gas well, the allowance for depletion
allowed under section 613 shall not exceed the basis of the
taxpayer in such property.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. _. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new sentence: ``This subsection shall not apply to any
taxable year beginning after the date of the enactment of
this sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of
section 291(b) of such Code are each amended by striking
``section 263(c), 616(a),'' and inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. _. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST
FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9511. ENERGY TRUST FUND.
``(a) Establishment.--There is established in the Treasury
of the United States a trust fund to be known as the `Energy
Trust
[[Page S8116]]
Fund', consisting of such amounts as may be appropriated or
credited to such Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust.--There are hereby appropriated to
the Energy Trust Fund amounts equivalent to the revenues
resulting from the amendments made by subtitle _ of the
Renewable Fuels, Consumer Protection, and Energy Efficiency
Act of 2007.
``(c) Expenditures.--Amounts in the Energy Trust Fund shall
be available, as provided in appropriation Acts, only for the
purpose of making expenditures--
``(1) to accelerate the use of clean domestic renewable
energy resources (including solar, wind, clean coal, and
nuclear) and alternative fuels (including ethanol, including
cellulosic ethanol, biodiesel, and fuel cell technology);
``(2) to promote the utilization of energy-efficient
products and practices and conservation; and
``(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9511. Energy Trust Fund.''.
______
SA 1763. Mr. HARKIN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
``This Act shall not affect the jurisdiction of the
Commodity Futures Trading Commission with respect to
transactions or conduct subject to the Commodity Exchange Act
(7 U.S.C. 1, et seq.).''
______
SA 1764. Mr. AKAKA (for himself, Ms. Murkowski, Ms. Snowe, Mr. Smith,
Ms. Cantwell, and Mr. Wyden) submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title II, add the following:
Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion
SEC. 281. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE
ENERGY.
(a) In General.--In this subtitle, the term ``marine and
hydrokinetic renewable energy'' means electrical energy
from--
(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels, including
projects that utilize nonmechanical structures to accelerate
the flow of water for electric power production purposes; and
(4) differentials in ocean temperature (ocean thermal
energy conversion).
(b) Exclusion.--Except as provided in subsection (a)(3),
the term ``marine and hydrokinetic renewable energy'' does
not include energy from any source that uses a dam,
diversionary structure, or impoundment for electric power
purposes.
SEC. 282. RESEARCH AND DEVELOPMENT.
(a) Program.--The Secretary, in consultation with the
Secretary of Commerce and the Secretary of the Interior,
shall establish a program of marine and hydrokinetic
renewable energy research, including--
(1) developing and demonstrating marine and hydrokinetic
renewable energy technologies;
(2) reducing the manufacturing and operation costs of
marine and hydrokinetic renewable energy technologies;
(3) increasing the reliability and survivability of marine
and hydrokinetic renewable energy facilities;
(4) integrating marine and hydrokinetic renewable energy
into electric grids;
(5) identifying opportunities for cross fertilization and
development of economies of scale between offshore wind and
marine and hydrokinetic renewable energy sources;
(6) identifying, in conjunction with the Secretary of
Commerce and the Secretary of the Interior, the potential
environmental impacts of marine and hydrokinetic renewable
energy technologies and measures to minimize or prevent
adverse impacts, and technologies and other means available
for monitoring and determining environmental impacts;
(7) identifying, in conjunction with the Commandant of the
United States Coast Guard, the potential navigational impacts
of marine and hydrokinetic renewable energy technologies and
measures to minimize or prevent adverse impacts;
(8) standards development, demonstration, and technology
transfer for advanced systems engineering and system
integration methods to identify critical interfaces; and
(9) providing public information and opportunity for public
comment concerning all technologies.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Commerce and the Secretary of the Interior,
shall provide to the appropriate committees of Congress a
report that addresses--
(1) the potential environmental impacts of hydrokinetic
renewable energy technologies in free-flowing water in
rivers, lakes, and streams;
(2) the means by which to minimize or prevent any adverse
environmental impacts;
(3) the potential role of monitoring and adaptive
management in addressing any adverse environmental impacts;
and
(4) the necessary components of such an adaptive management
program.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of the fiscal years 2008 through 2017.
SEC. 283. NATIONAL OCEAN ENERGY RESEARCH CENTERS.
(a) In General.--Subject to the availability of
appropriations under subsection (e), the Secretary shall
establish not less than 1, and not more than 6, national
ocean energy research centers at institutions of higher
education for the purpose of conducting research,
development, demonstration, and testing of ocean energy
technologies and associated equipment.
(b) Evaluations.--Each Center shall (in consultation with
developers, utilities, and manufacturers) conduct evaluations
of technologies and equipment described in subsection (a).
(c) Location.--In establishing centers under this section,
the Secretary shall locate the centers in coastal regions of
the United State in a manner that, to the maximum extent
practicable, is geographically dispersed.
(d) Review by Secretary.--Prior to carrying out any
activity under this section in waters subject to the
jurisdiction of the United States, the Secretary of Commerce
may require design approval or operating conditions of the
activity for the protection of marine resources under the
jurisdiction of the Department of Commerce.
(e) Authorization of Appropriations.--There are authorized
to be appropriate such sums as are necessary to carry out
this section.
______
SA 1765. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 245, between lines 13 and 14, insert the following:
(d) Minimum Fuel Economy Target.--Section 32902(b) of title
49, United States Code, as amended by this section, is
further amended by adding at the end the following:
``(3) Minimum fuel economy target for passenger automobiles
manufactured in the united states.--
``(A) In general.--Notwithstanding any other provision of
this section, for any model year in which the Secretary
prescribes average fuel economy standards for automobiles on
the basis of vehicle attributes pursuant to subjection (l),
the average fuel economy standard in that model year shall
also provide for an alternative minimum standard that shall
apply to a manufacturer's domestically manufactured passenger
automobiles and foreign manufactured passenger automobiles,
as calculated under section 32904 (as in effect on the day
before the date of the enactment of the Ten-in-Ten Fuel
Economy Act).
``(B) Alternative minimum standard.--The alternative
minimum standard referred to in subparagraph (A) shall be the
greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign passenger
car fleets manufactured for sale in the United States by all
manufacturers in that model year, which projection shall be
published in the Federal Register when the standard for that
model year is promulgated in accordance with this section.''.
(e) Credit Trading Limitation.--Section 32903(e) of title
49, United States Code, as amended by section 506, is further
amended by adding at the end the following: ``Any credit
trading program established by the Secretary of
Transportation may not allow manufacturers to use any such
credits to meet the alternative minimum fuel economy standard
for domestically manufactured and foreign manufactured
passenger automobiles established pursuant to section
32902(b)(3).''.
[[Page S8117]]
______
SA 1766. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 245, between lines 13 and 14, insert the following:
(d) Minimum Fuel Economy Target.--Section 32902(b) of title
49, United States Code, as amended by this section, is
further amended by adding at the end the following:
``(3) Minimum fuel economy target for passenger automobiles
manufactured in the united states.--
``(A) In general.--Notwithstanding any other provision of
this section, for any model year in which the Secretary
prescribes average fuel economy standards for automobiles on
the basis of vehicle attributes pursuant to subjection (l),
the average fuel economy standard in that model year shall
also provide for an alternative minimum standard that shall
apply separately to a manufacturer's domestically
manufactured passenger automobiles and foreign manufactured
passenger automobiles, as calculated under section 32904 (as
in effect on the day before the date of the enactment of the
Ten-in-Ten Fuel Economy Act).
``(B) Alternative minimum standard.--The alternative
minimum standard referred to in subparagraph (A) shall be the
greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign passenger
car fleets manufactured for sale in the United States by all
manufacturers in that model year, which projection shall be
published in the Federal Register when the standard for that
model year is promulgated in accordance with this section.''.
(e) Credit Trading Limitation.--Section 32903(e) of title
49, United States Code, as amended by section 506, is further
amended by adding at the end the following: ``Any credit
trading program established by the Secretary of
Transportation may not allow manufacturers to use any such
credits to meet the alternative minimum fuel economy standard
for domestically manufactured and foreign manufactured
passenger automobiles established pursuant to section
32902(b)(3).''.
______
SA 1767. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 6, strike lines 19 and 20 and insert the following:
biofuel'' means fuel derived from--
(i) renewable biomass, other than corn starch, grown in the
United States; or
(ii) renewable biomass, other than corn starch, grown
outside the United States, on the condition that the fuel, or
renewable biomass used in the fuel, whichever is imported, is
certified by the importer, refiner, or blender as having been
grown, produced, and transported in a manner consistent with
standards equivalent to or more stringent than those
established under environmental, labor, and public health
laws of the United States, including laws relating to the
conversion of forests, grassland, and wetland for
agricultural use or other biomass production.
______
SA 1768. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle A of title I, add the following:
SEC. 1__. ANNUAL REPORTS.
For each calendar year beginning after the date of
enactment of this Act, the President shall submit to Congress
a report that describes, with respect to the preceding
calendar year--
(1) the quantity of--
(A) renewable fuels imported into the United States;
(B) feedstocks imported into the United States to produce
renewable fuels; and
(C) renewable fuels and feedstocks that are used to achieve
compliance with applicable renewable fuels standards and
other requirements under this title; and
(2) the impact on the environment, labor conditions, and
public health status of foreign countries with respect to
production in the United States of renewable fuels to achieve
compliance with those standards and requirements.
______
SA 1769. Mr. BROWN (for himself and Mr. Carper) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title II, add the following:
SEC. 2__. FEDERAL FLEET FUEL EFFICIENT VEHICLES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Advanced technology vehicle.--The term ``advanced
technology vehicle'' means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in
regulations issued by the Administrator of the Environmental
Protection Agency under section 202(i) of the Clean Air Act
(42 U.S.C. 7521(i)), or a lower-numbered Bin emission
standard;
(B) any new emission standard for fine particulate matter
prescribed by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
(C) at least 125 percent of the average base year combined
fuel economy, calculated on an energy-equivalent basis, for
vehicles of a substantially similar footprint.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Fuel Efficiency Requirement.--The Secretary shall
coordinate with the Administrator to ensure that vehicles
procured by Federal agencies are the most fuel efficient in
their class.
(c) Purchase of Advanced Technology Vehicles.--
(1) In general.--The Secretary shall coordinate with the
Administrator to ensure that, of the vehicles procured after
September 30, 2008--
(A) not less than 5 percent of the total number of the
vehicles procured in each of fiscal years 2009 and 2010 are
advanced technology vehicles;
(B) not less than 15 percent shall be advanced technology
vehicles by January 1, 2015; and
(C) not less than 25 percent shall be advanced technology
vehicles by January 1, 2020.
(2) Waiver.--The Secretary, in consultation with the
Administrator, may waive the requirements of paragraph (1)
for any fiscal year to the extent that the Secretary
determines necessary to adjust to limitations on the
commercial availability of advanced technology vehicles.
(d) Report on Plans for Implementation.--At the same time
that the President submits the budget for fiscal year 2009 to
Congress under section 1105(a) of title 31, United States
Code, the Secretary shall submit to Congress a report
summarizing the plans for carrying out subsections (b) and
(c).
______
SA 1770. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title V, insert the following;
``(D) Effective rulemaking.--The prescription of average
fuel economy standards under this paragraph shall be made
without regard to--
``(i) chapter 35 of title 44, United States Code (commonly
known as the `Paperwork Reduction Act');
______
SA 1771. Mr. DURBIN (for himself, Mr. Grassley, Mr. Carper, Mr.
Coleman, Mr. Obama, Ms. Klobuchar, and Mr. Lugar) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
[[Page S8118]]
was ordered to lie on the table; as follows:
On page 47, after line 23, add the following:
SEC. 131. BIODIESEL FUEL STANDARD.
(a) In General.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended by inserting after subsection (o) the
following:
``(p) Biodiesel Fuel.--
``(1) Definitions.--In this subsection:
``(A) ASTM.--The term `ASTM' means the American Society of
Testing and Materials.
``(B) Bio-based diesel replacement.--The term `bio-based
diesel replacement' means any type of bio-based renewable
fuel derived from plant or animal matter that--
``(i) may be used as a substitute for standard diesel fuel;
and
``(ii) meets--
``(I) the registration requirements for fuels and fuel
additives under this section; and
``(II) the requirements of applicable ASTM standards.
``(C) Biodiesel.--
``(i) In general.--The term `biodiesel' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
``(I) the registration requirements for fuels and fuel
additives under this section; and
``(II) the requirements of ASTM standard D6751.
``(ii) Inclusion.--For the purpose of measuring the
applicable volume of the biodiesel fuel standard under
paragraph (2), the term `biodiesel' includes any bio-based
diesel replacement that meets--
``(I) applicable registration requirements for fuels and
fuel additives under this section; or
``(II) applicable ASTM standards.
``(D) Biodiesel blend.--The term `biodiesel blend' means a
blend of biodiesel fuel that meets the requirements of ASTM
standard D6751 with petroleum-based diesel fuel.
``(2) Biodiesel fuel standard.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall
promulgate regulations to ensure that diesel fuel sold or
introduced into commerce in the United States, on an annual
average basis, contains the applicable volume of biodiesel
determined in accordance with subparagraphs (B) and (C).
``(B) Calendar years 2008 through 2012.--For the purpose of
subparagraph (A), the applicable volume for any of calendar
years 2008 through 2012 shall be determined in accordance
with the following table:
``Applicable volume of biodiesel
Calendar year: (in millions of gallons):
2008..........................................................450....
2009..........................................................625....
2010..........................................................800....
2011........................................................1,000....
2012........................................................1,250....
``(C) Calendar year 2013 and thereafter.--For the purpose
of subparagraph (A), the applicable volume for calendar year
2013 and each calendar year thereafter shall be determined by
the Administrator, in consultation with the Secretary of
Energy and the Secretary of Agriculture, based on a review of
the implementation of the program during calendar years 2008
through 2012, including a review of--
``(i) the impact of the use of renewable fuels on the
environment, air quality, energy security, job creation, and
rural economic development; and
``(ii) the expected annual rate of future production of
biodiesel.
``(D) Minimum percentage of biodiesel.--For the purpose of
subparagraph (B), at least 80 percent of the minimum
applicable volume for each of calendar years 2008 through
2012 shall be biodiesel.
``(E) Compliance.--The regulations promulgated under
subparagraph (A) shall contain compliance provisions
applicable to refineries, blenders, distributors, and
importers, as appropriate, to ensure that the requirements of
this paragraph are met, but shall not--
``(i) restrict geographic areas in which biodiesel may be
used; or
``(ii) impose any per-gallon obligation for the use of
biodiesel.
``(F) Waivers.--
``(i) Market evaluation.--The Administrator, in
consultation with the Secretary of Energy and the Secretary
of Agriculture, shall continually evaluate the impact of the
biodiesel requirements established under this paragraph on
the price of diesel fuel.
``(ii) Waiver.--If the Administrator determines that there
is a significant biodiesel feedstock disruption or other
market circumstances that would make the price of biodiesel
fuel unreasonable, the Administrator, with the concurrence of
the Secretary of Energy and the Secretary of Agriculture,
shall issue an order to reduce, for a 60-day period, the
quantity of biodiesel required under subparagraph (A) by an
appropriate quantity that does not exceed 15 percent of the
applicable annual requirement for biodiesel.
``(iii) Factors.--In making determinations under this
subparagraph, the Administrator shall consider--
``(I) the purposes of this Act;
``(II) the differential between the price of diesel fuel
and the price of biodiesel; and
``(III) the impact the biodiesel mandate has on consumers.
``(iv) Extensions.--If the Administrator determines that
the feedstock disruption or circumstances described in clause
(ii) is continuing beyond the 60-day period described in
clause (ii) or this clause, the Administrator, with the
concurrence of the Secretary of Energy and the Secretary of
Agriculture, may issue an order to reduce, for an additional
60-day period, the quantity of biodiesel required under
subparagraph (A) by an appropriate quantity that does not
exceed an additional 15 percent of the applicable annual
requirement for biodiesel.
``(v) Restoration.--If the Administrator determines that
the feedstock disruption or circumstances described in clause
(ii) or (iv) has concluded and that it is practicable, the
Administrator, with the concurrence of the Secretary of
Energy and the Secretary of Agriculture, may issue an order
to increase the quantity of biodiesel required under
subparagraph (A) by an appropriate quantity to account for
the gallons of biodiesel not used during the period a waiver
or extension was in effect under this subparagraph.
``(G) Preemption of state biodiesel mandates.--
``(i) In general.--The standard established under
subparagraph (A) shall not apply to any diesel fuel subject
to a State biodiesel mandate that has been enacted as of
January 1, 2007.
``(ii) Production and use of biodiesel and bio-based
renewable diesel.--Subject to clause (iii), no State or unit
of local government shall establish or continue to enforce a
mandate that requires the level of production or use of
biodiesel or bio-based diesel replacement to exceed the
maximum level of production or use of biodiesel or bio-based
diesel replacement described in any--
``(I) engine warranty; or
``(II) specification derived in accordance with the ASTM.
``(iii) State and municipal vehicles.--Nothing in this
paragraph preempts the authority of a State or unit of local
government--
``(I) to regulate the use of biodiesel in vehicles owned by
the State or local government, respectively; or
``(II) to establish financial incentives to promote the use
of biodiesel.
``(iv) Financial incentives.--Nothing in this paragraph
precludes States from establishing financial incentives to
promote the voluntary use or production of biodiesel.''.
(b) Conforming Amendments.--Section 211 of the Clean Air
Act (42 U.S.C. 7545) is amended--
(1) in subsection (o)(1)(C)(ii)(II), by striking
``biodiesel (as defined in section 312(f) of the Energy
Policy Act of 1992 (42 U.S.C. 13220(f))) and''; and
(2) by redesignating the first subsection (r) (relating to
fuel and fuel additive importers and importation) as
subsection (u) and moving that subsection so as to appear at
the end of the section.
SEC. 132. BIODIESEL LABELING.
Subsection (p) of section 211 of the Clean Air Act (42
U.S.C. 7545) (as added by section 131(a)) is amended by
adding at the end the following:
``(3) Biodiesel labeling.--
``(A) In general.--Each retail diesel fuel pump shall be
labeled in a manner that informs consumers of the percent of
biodiesel that is contained in the biodiesel blend that is
offered for sale, as determined by the Administrator.
``(B) Labeling requirements.--Not later than 180 days after
the date of enactment of this subsection, the Administrator
shall promulgate biodiesel labeling requirements as follows:
``(i) Biodiesel blends that contain less than or equal to 5
percent biodiesel by volume and that meet ASTM D975 diesel
specifications shall not require any additional labels.
``(ii) Biodiesel blends that contain more than 5 percent
biodiesel by volume but not more than 20 percent by volume
shall be labeled `contains biodiesel in quantities between 5
percent and 20 percent'.
``(iii) Biodiesel blends that contain more than 20 percent
biodiesel by volume shall be labeled `contains more than 20
percent biodiesel'.''.
______
SA 1772. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Beginning on page 4, strike line 8 through page 5, line 12.
On page 114, after line 16, insert the following:
SEC. 855. CREDIT FOR COMPACT FLUORESCENT LIGHT BULBS.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after section 25D the
following new section:
[[Page S8119]]
``SEC. 25E. CREDIT FOR COMPACT FLUORESCENT LIGHT BULBS.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to $2 per
qualifying compact fluorescent light bulb purchased by the
taxpayer during such year for use in a dwelling unit located
in the United States and used as a residence by the taxpayer.
``(b) Maximum Credit.--The credit allowed under subsection
(a) for any taxable year shall not exceed $100 per return.
``(c) Qualifying Compact Fluorescent Light Bulb.--For
purposes of this section, the term `qualifying compact
fluorescent light bulb' means any compact fluorescent light
bulb which meets the requirements of the Energy Star program
in effect for such light bulbs in 2008.
``(d) Termination.--The credit allowed under this section
shall not apply to property purchased after December 31,
2008.''.
(b) Clerical Amendment.--The table of chapters for subpart
A of part IV of subchapter A of chapter 1 is amended by
inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Credit for compact fluorescent light bulbs.''
(c) Effective Date.--The amendments made by this section
shall apply to property purchased in taxable years beginning
after December 31, 2007.
______
SA 1773. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Beginning on page 4, strike line 8 through page 5, line 12.
______
SA 1774. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Beginning on page 4, strike line 8 through page 5, line 12.
On page 114, after line 16, insert the following:
SEC. 855. EXTENSION OF ENERGY EFFICIENT APPLIANCE CREDIT.
Subsection (b) of section 45M (as amended by this Act) is
amended by striking ``calendar year 2008, 2009, or 2010''
each place it appears in paragraphs (1)(A), (2)(B), (2)(C),
(3)(B), and (3)(C) and inserting ``calendar years 2008
through 2017''.
______
SA 1775. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Beginning on page 4, strike line 8 through page 5, line 12.
On page 157, after line 14, insert the following:
SEC. 879. ACCELERATED DEPRECIATION FOR SCRUBBERS.
(a) In General.--Subparagraph (A) of section 168(e)(3)
(relating to 3-year property) is amended--
(1) by striking ``and'' at the end of clause (ii),
(2) by striking the period at the end of clause (iii) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iv) any qualifying scrubber, as defined in subsection
(i)(19).''.
(b) Qualifying Scrubber.--Section 168(i) (relating to
definitions and special rules), as amended by this Act, is
amended by adding at the end the following new paragraph:
``(19) Qualifying scrubber.--For purposes of this section,
the term `qualifying scrubber' means any wet or dry scrubber
or scrubber system which meets all standards issued by the
Environmental Protection Agency applicable to such scrubber
or scrubber system.''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
______
SA 1776. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. PRODUCTION OF MINERALS AND RENEWABLE ENERGY.
(a) Definitions.--In this section:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means a political subdivision of a
contributing energy State any part of which political
subdivision is--
(A) within the coastal zone (as defined in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of
the contributing energy State as of the date of enactment of
this Act; and
(B) not more than 200 nautical miles from the geographic
center of any leased tract.
(2) Contributing energy state.--The term ``contributing
energy State'' means--
(A) in the case of an offshore area, a State that has,
within the offshore administrative boundaries beyond the
submerged land of the State, an energy area available for
leasing of minerals or renewable energy under subsection (c);
and
(B) in the case of an onshore area, a State that has,
within the onshore boundaries of the State, an energy area
available for leasing of minerals or renewable energy under
subsection (c).
(3) Energy area.--
(A) In general.--The term ``energy area'' means--
(i) in the case of an offshore area, any area that is
within the offshore administrative boundaries beyond the
submerged land of a State that is located greater than 50
miles from the coastline of the State; and
(ii) in the case of an onshore area, any Federal land that
is within the onshore boundaries of a State.
(B) Exclusions.--The term ``energy area'' does not
include--
(i) a unit of the National Park System;
(ii) a component of the National Wild and Scenic Rivers
System;
(iii) a component of the National Trails System;
(iv) a component of the National Wilderness Preservation
System;
(v) a National Monument;
(vi) any part of the National Landscape Conservation
System;
(vii) a National Conservation Area;
(viii) a National Marine Sanctuary;
(ix) a National Marine Monument; or
(x) a National Recreation Area.
(4) Minerals.--The term ``minerals'' has the meaning given
the term in section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331).
(5) Qualified revenues.--
(A) In general.--The term ``qualified revenues'' means all
rentals, royalties, bonus bids, and other sums due and
payable to the United States from leases entered into on or
after the date of enactment of this section for energy areas.
(B) Exclusions.--The term ``qualified revenues'' does not
include--
(i) revenues from the forfeiture of a bond or other surety
securing obligations other than royalties, civil penalties,
or royalties taken by the Secretary in-kind and not sold; or
(ii) revenues generated from leases subject to section 8(g)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)).
(6) Renewable energy.--The term ``renewable energy'' means
energy generated from--
(A) a renewable energy source; or
(B) hydrogen, other than hydrogen produced from a fossil
fuel, that is produced from a renewable energy source.
(7) Renewable energy source.--The term ``renewable energy
source'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and thermal)
energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page S8120]]
(b) Conditions.--
(1) In general.--Subject to paragraphs (2) and (3), this
section shall apply only if and during the period the
President certifies to Congress that--
(A) the national average retail price of gasoline in the
United States exceeds $3.75 per gallon;
(B) the quantity of oil imported into the United States
exceeds 65 percent of the total quantity of oil consumed in
the United States;
(C) the supply of renewable fuel is insufficient to meet
the demand for fuel in the United States; and
(D) continued and growing reliance on foreign oil imports
is a threat to national security.
(2) Offshore areas.--In the case of an offshore area, the
President may make energy areas off the coastline of a State
or region available for leasing of minerals or renewable
energy under this section during a period described in
paragraph (1) only if the President--
(A) takes into Federal management an area of land that is
equal to at least 110 percent of the acreage of energy areas
off the coastline of the State or region that are made
available for leasing of minerals or renewable energy under
this section; and
(B) uses the land taken into Federal management under
subparagraph (A) to establish and maintain a national marine
sanctuary off the coastline of the State or region.
(3) Onshore areas.--In the case of an onshore area, the
President may make energy areas in a State or region
available for leasing of minerals or renewable energy under
this section during a period described in paragraph (1) only
if the President takes into Federal management for the Bureau
of Land Management or the Forest Service an area of land that
is equal to at least 110 percent of the acreage of energy
areas in the State or region that are made available for
leasing of minerals or renewable energy under this section.
(c) Petition for Leasing Energy Areas.--
(1) In general.--During the period described in subsection
(b), the Governor of a State with an energy area may submit
to the Secretary a petition requesting that the Secretary
make the energy area available for energy production through
the leasing of minerals or renewable energy.
(2) Action by secretary.--Notwithstanding any other
provision of law, as soon as practicable after the date of
receipt of a petition under paragraph (1), the Secretary
shall approve the petition if--
(A) the Secretary determines that leasing the energy area
would not create an unreasonable risk to public health or the
environment, taking into account the economic, social, and
environmental costs and benefits of the leasing; and
(B) the legislature of the State enacts a law approving the
petition.
(d) Disposition of Qualified Revenues From Offshore Energy
Areas.--
(1) In general.--In the case of qualified revenues from
offshore energy areas, notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to
the other provisions of this subsection, for each applicable
fiscal year, the Secretary of the Treasury shall deposit or
provide--
(A) 37.5 percent of qualified revenues to contributing
energy States in accordance with paragraph (2);
(B) 20 percent of qualified revenues in a special account
in the Treasury that shall be available to the Secretary of
Energy to promote renewable energy production, the reduction
and sequestering of emissions, and energy efficient
technologies;
(C) 12.5 percent of qualified revenues to provide financial
assistance to States in accordance with section 6 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l -8),
which shall be considered income to the Land and Water
Conservation Fund for purposes of section 2 of that Act (16
U.S.C. 460l-5);
(D) 10 percent of qualified revenues in a special account
in the Treasury that shall be available to the Secretary to
allocate funds to States to carry out State wildlife
programs; and
(E) 10 percent of qualified revenues in the general fund of
the Treasury.
(2) Allocation to contributing energy states and coastal
political subdivisions.--
(A) Allocation to contributing energy states.--Effective
for fiscal year 2008 and each fiscal year thereafter, the
amount made available under paragraph (1)(A) shall be
allocated to each contributing energy State in proportion to
the amount of qualified revenues generated in any energy area
within the offshore administrative boundaries beyond the
submerged land of the State.
(B) Payments to coastal political subdivisions.--
(i) In general.--The Secretary shall pay 20 percent of the
allocable share of each contributing energy State, as
determined under subparagraph (A), to the coastal political
subdivisions of the contributing energy State.
(ii) Allocation.--The amount paid by the Secretary to
coastal political subdivisions shall be allocated to each
coastal political subdivision in a manner consistent with
subparagraphs (B) and (C) of section 31(b)(4) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)), as
determined by the Secretary.
(3) Timing.--The amounts required to be deposited under
subparagraphs (A) through (D) of paragraph (1) for the
applicable fiscal year shall be made available in accordance
with that subparagraph during the fiscal year immediately
following the applicable fiscal year.
(4) Authorized uses.--
(A) In general.--Subject to subparagraph (B), each
contributing energy State and coastal political subdivision
shall use all amounts received under paragraph (2) in
accordance with all applicable Federal and State laws, only
for 1 or more of the following purposes:
(i) Projects and activities for the purposes of coastal
protection, including conservation, coastal restoration,
hurricane protection, and infrastructure directly affected by
coastal wetland losses.
(ii) Mitigation of damage to fish, wildlife, or natural
resources.
(iii) Implementation of a federally-approved marine,
coastal, or comprehensive conservation management plan.
(iv) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects.
(v) Planning assistance and the administrative costs of
complying with this section.
(B) Limitation.--Not more than 3 percent of amounts
received by a contributing energy State or coastal political
subdivision under paragraph (2) may be used for the purposes
described in subparagraph (A)(v).
(5) Administration.--Amounts made available under
subparagraphs (A) through (D) of paragraph (1) shall--
(A) be made available, without further appropriation, in
accordance with this subsection;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under--
(i) other provisions of this Act;
(ii) the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); or
(iii) any other provision of law.
(e) Disposition of Qualified Revenues From Onshore Energy
Areas.--
(1) In general.--In the case of qualified revenues from
onshore energy areas, subject to the other provisions of this
subsection, for each applicable fiscal year, the Secretary of
the Treasury shall deposit--
(A) 40 percent of qualified revenues in a special account
in the Treasury that shall be available to the Secretary of
the Interior to allocate to contributing energy States in
accordance with paragraph (2);
(B) 30 percent of qualified revenues in the reclamation
fund established by the first section of the Act of June 17,
1902 (32 Stat. 388, chapter 1093);
(C) 20 percent of qualified revenues in a special account
in the Treasury that shall be available to the Secretary of
Energy to promote renewable energy production, the reduction
and sequestering of emissions, and energy efficient
technologies; and
(D) 10 percent of qualified revenues in the general fund of
the Treasury.
(2) Allocation to contributing energy states.--Effective
for fiscal year 2008 and each fiscal year thereafter, the
amount made available under paragraph (1)(A) shall be
allocated to each contributing energy State in a manner that
is consistent with the allocation of assistance to States
under the Mineral Leasing Act (30 U.S.C. 181 et seq.), as
determined by the Secretary.
(3) Timing.--The amounts required to be deposited under
subparagraphs (A) through (C) of paragraph (1) for the
applicable fiscal year shall be made available in accordance
with that subparagraph during the fiscal year immediately
following the applicable fiscal year.
(4) Authorized uses.--
(A) In general.--Subject to subparagraph (B), each
contributing energy State shall use all amounts received
under paragraph (2) in accordance with all applicable Federal
and State laws, only for 1 or more of the following purposes:
(i) Programs and activities that are allowed under the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(ii) Planning assistance and the administrative costs of
complying with this section.
(B) Limitation.--Not more than 3 percent of amounts
received by a contributing energy State under paragraph (2)
may be used for the purposes described in subparagraph
(A)(ii).
(5) Administration.--Amounts made available under
subparagraphs (A) through (C) of paragraph (1) shall--
(A) be made available, without further appropriation, in
accordance with this subsection;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under--
(i) other provisions of this Act;
(ii) the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); or
(iii) any other provision of law.
(f) Administration.--Nothing in this section affects--
(1) the amount of funds otherwise dedicated to--
(A) the land and water conservation fund established under
section 2 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-5); or
(B) the Historic Preservation Fund established under
section 108 of the National Historic Preservation Act (16
U.S.C. 470h); or
(2) any authority that permits energy production under any
other provision of law.
[[Page S8121]]
______
SA 1777. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Beginning on page 97, line 10, strike all through page 99,
line 19, and insert the following:
``(i) Plug-in Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in conversion credit determined under this subsection
with respect to any motor vehicle which is converted to a
qualified plug-in electric drive motor vehicle is an amount
equal to 50 percent of the cost of the plug-in traction
battery module installed in such vehicle as part of such
conversion.
``(2) Limitations.--The amount of the credit allowed under
this subsection shall not exceed $4,000 with respect to the
conversion of any motor vehicle.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Qualified plug-in electric drive motor vehicle.--The
term `qualified plug-in electric drive motor vehicle' means
any new qualified plug-in electric drive motor vehicle (as
defined in section 30D(c), determined without regard to
paragraphs (4) and (6) thereof).
``(B) Plug-in traction battery module.--The term `plug-in
traction battery module' means an electro-chemical energy
storage device which--
``(i) has a traction battery capacity of not less than 2.5
kilowatt hours,
``(ii) is equipped with an electrical plug by means of
which it can be energized and recharged when plugged into an
external source of electric power,
``(iii) consists of a standardized configuration and is
mass produced,
``(iv) has been tested and approved by the National Highway
Transportation Safety Administration as compliant with
applicable motor vehicle and motor vehicle equipment safety
standards when installed by a mechanic with standardized
training in protocols established by the battery manufacturer
as part of a nationwide distribution program, and
``(v) is certified by a battery manufacturer as meeting the
requirements of clauses (i) through (iv).
``(C) Credit allowed to lessor of battery module.--In the
case of a plug-in traction battery module which is leased to
the taxpayer, the credit allowed under this subsection shall
be allowed to the lessor of the plug-in traction battery
module.
``(D) Credit allowed in addition to other credits.--The
credit allowed under this subsection shall be allowed with
respect to a motor vehicle notwithstanding whether a credit
has been allowed with respect to such motor vehicle under
this section (other than this subsection) in any preceding
taxable year.
``(4) Termination.--This subsection shall not apply to
conversions made after December 31, 2010.''.
______
SA 1778. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 42, strike lines 6 through 12 and insert the
following:
(c) Fischer-Tropsch Process Excluded From Eligible
Projects.--Paragraph (7) of section 48B(c) is amended by
adding at the end the following new flush sentence:
``Such term shall not include any person whose application
for certification is principally intended for use in a
project which employs gasification for applications related
to transportation grade liquid fuels.''.
Beginning on page 71, line 9, strike all through page 72,
line 2, and insert the following:
(c) Fischer-Tropsch Process Excluded From Definition of
Alternative Fuel.--Paragraph (2) of section 6426(d), as
amended by subsection (b), is amended by striking
subparagraph (E) and by redesignating subparagraphs (F) and
(G) as subparagraphs (E) and (F), respectively.
On page 77, line 20, strike ``(G)'' and insert ``(F)''.
______
SA 1779. Mr. HARKIN (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 278, after line 23, add the following:
(6) Purchase, sale, report.--The terms ``purchase'',
``sale'', and ``report'', with respect to the wholesale price
of crude oil, gasoline, and petroleum distillates, do not
include any transaction or other activity that is subject to
the Commodity Exchange Act (7 U.S.C. 1 et seq.).
______
SA 1780. Mrs. McCASKILL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS ON RETAIL FUEL FAIRNESS.
(a) Findings.--Congress makes the following findings:
(1) Consumer protection is a priority for the United States
Government. Consumers are entitled to the full benefit of
every purchase.
(2) As atmospheric temperature rises, so does the
temperature of motor fuel (gasoline and diesel fuel) in
filling station tanks. Motor fuel expands as it gets warmer
so it takes more fluid to contain the same content of energy
(or BTUs) it had when it was at a cooler temperature,
resulting in a decrease in energy content of 1 gallon of
motor fuel.
(3) The expansion of liquid motor fuel due to increases in
temperature is commonly referred to as ``hot fuel''.
(4) During the purchase and sale of motor fuel between
wholesalers and retailers, the motor fuel volume is
temperature compensated to a 60 degree Fahrenheit reference
volume.
(5) During the purchase and sale of motor fuel between
retailers and consumers the temperature of the fuel is not
considered.
(6) The lack of temperature compensation at the retail pump
costs consumers $2,740,000,000 annually.
(7) An excise tax on the sale of motor fuel is imposed on
entities at points in the chain of distribution above the
retail level. Taxes are remitted based on temperature-
compensated gallons of motor fuel.
(8) Taxes are recouped from retail consumers on a non-
temperature-compensated basis. As a result, when retailers
sell to consumers motor fuel that is at a temperature greater
than 60 degrees Fahrenheit, the retailers recoup more from
consumers as ``taxes'' than the actual amount of Federal and
State excise taxes paid by the retailers.
(9) At the time of purchase, a consumer is entitled to the
same BTU content contained in a gallon of motor fuel at the
retail pump as the retailer receives when the retailer
purchases a gallon of motor fuel from the wholesaler.
(10) The most equitable method to address the disparity of
the BTU content at the retail pump is by installing
temperature compensating retrofit kits to retail fuel pump.
This equipment is currently being used in Canada to
compensate for the colder motor fuel temperatures they
experience.
(11) The National Conference on Weights and Measures, Inc.
creates the uniform commercial transaction standards to
ensure consumers receive the full benefit of their purchases.
(12) The National Conference on Weights and Measures, Inc.
has the authority to adopt standards that would address the
concerns behind hot fuel.
(13) The National Institute of Standards and Technology
(NIST) provides technical guidance to the National Conference
on Weights and Measures, Inc. (NCWM). NIST officials serve as
technical advisors to NCWM committees, including the Law and
Regulations Committee.
(14) In January 2007, the Law and Regulations Committee of
the National Conference on Weights and Measures, Inc. voted
to adopt a standard that will facilitate the implementation
of a permissive approach to the use of temperature
compensation in the marketplace.
(15) In June, 2007, in testimony before a subcommittee of
the House of Representatives, a NIST weights and measure
official supported the adoption of temperature compensation
for the sale of motor fuel at retail pumps.
[[Page S8122]]
(16) Despite over 30 years of debate, the National
Conference on Weights and Measures, Inc. has not yet
addressed consumer concerns over hot fuel and its hidden
costs to consumers.
(17) The National Conference on Weights and Measures, Inc.
will hold its annual meeting on July 8-12, 2007 in Salt Lake
City, Utah.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress should adopt sound policies that protect
consumers from fraud or unfairness in connection with the
purchase or sale of motor fuel;
(2) consumers should receive the full benefit of their
purchase;
(3) in order for consumers to receive the full benefit of a
gallon of motor fuel, the temperature disparity created by
hot fuel must be resolved;
(4) the National Conference on Weights and Measures, Inc.
has the authority to adopt standards that would resolve the
United States Governments concerns surrounding hot fuel;
(5) during the annual meeting of the National Conference on
Weights and Measures, Inc. in July 2007, standards for the
hot fuel issue should be promulgated;
(6) in promulgating standards to address the hot fuel
issue, the National Conference on Weights and Measures, Inc.
should consider the $2,740,000,000 loss to consumers;
(7) in promulgating standards to address the hot fuel
issue, the National Conference on Weights and Measures, Inc.
should consider the fact that consumers are paying more in
Federal and State excise motor fuel taxes than motor fuel
retailers are remitting; and
(8) in promulgating standards to address the hot fuel
issue, the National Conference on Weights and Measures, Inc.
should consider the methods, standards and procedures Canada
is currently using to regulate motor fuel temperature.
______
SA 1781. Mr. BYRD submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III, add the following:
SEC. 3___. COAL INNOVATION DIRECT LOAN PROGRAM.
(a) In General.--Title XXXI of the Energy Policy Act of
1992 (42 U.S.C. 13571 et seq.) is amended by adding at the
end the following:
``SEC. 3105. COAL INNOVATION DIRECT LOAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon capture.--The term `carbon capture' means the
capture, separation, and compression of carbon dioxide that
would otherwise be released to the atmosphere at a facility
in the production of end products of a project prior to
transportation of the carbon dioxide to a long-term storage
site.
``(2) Coal-to-liquid product.--The term `coal-to-liquid
product' means a liquid fuel resulting from the conversion of
a feedstock, as described in this section.
``(3) Combustible end product.--The term `combustible end
product' means any product of a facility intended to be used
as a combustible fuel.
``(4) Conventional baseline emissions.--The term
`conventional baseline emissions' means--
``(A) the lifecycle greenhouse gas emissions of a facility
that produces combustible end products, using petroleum as a
feedstock, that are equivalent to combustible end products
produced by a facility of comparable size through an eligible
project;
``(B) in the case of noncombustible products produced
through an eligible project, the average lifecycle greenhouse
gas emissions emitted by projects that--
``(i) are of comparable size; and
``(ii) produce equivalent products using conventional
feedstocks; and
``(C) in the case of synthesized gas intended for use as a
combustible fuel in lieu of natural gas produced by an
eligible project, the lifecycle greenhouse gas emissions that
would result from equivalent use of natural gas.
``(5) Eligible project.--The term `eligible project' means
a project--
``(A) that employs gasification technology or another
conversion process for feedstocks described in this section;
and
``(B) for which--
``(i) the annual lifecycle greenhouse gas emissions of the
project are at least--
``(I) at the end of the first calendar year after the date
of commencement of the project, 5 percent lower than
conventional baseline emissions;
``(II) at the end of the second calendar year after the
date of commencement of the project, 10 percent lower than
conventional baseline emissions;
``(III) at the end of the third calendar year after the
date of commencement of the project, 15 percent lower than
conventional baseline emissions; and
``(IV) at the end of the fourth calendar year after the
date of commencement of the project, 20 percent lower than
conventional baseline emissions;
``(ii) of the carbon dioxide that would otherwise be
released to the atmosphere at the facility in the production
of end products of the project, at least--
``(I) at the end of the first calendar year after the date
of commencement of the project, 20 percent is captured for
long-term storage;
``(II) at the end of the second calendar year after the
date of commencement of the project, 40 percent is captured
for long-term storage;
``(III) at the end of the third calendar year after the
date of commencement of the project, 60 percent is captured
for long-term storage; and
``(IV) at the end of the fourth calendar year after the
date of commencement of the project, 80 percent is captured
for long-term storage;
``(iii) the individual or entity carrying out the eligible
project has entered into an enforceable agreement with the
Secretary to implement carbon capture at the percentage that,
by the end of the 5-year period after commencement of
commercial operation of the eligible project--
``(I) represents the best available technology; and
``(II) achieves a reduction in carbon emissions that is not
less than 80 percent; and
``(iv) in the opinion of the Secretary, sufficient
commitments have been secured to achieve long-term storage of
captured carbon dioxide beginning as of the date of
commencement of commercial operation of the project.
``(6) Facility.--The term `facility' means a facility at
which the conversion of feedstocks to end products takes
place.
``(7) Gasification technology.--The term `gasification
technology' means any process that converts coal, petroleum
residue, renewable biomass, or other material that is
recovered for energy or feedstock value into a synthesis gas
composed primarily of carbon monoxide and hydrogen for direct
use or subsequent chemical or physical conversion.
``(8) Greenhouse gas.--The term `greenhouse gas' means any
of--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(9) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gases attributable to the production
and transportation of end products at a facility, including
the production, extraction, cultivation, distribution,
marketing, and transportation of feedstocks, and the
subsequent distribution and use of any combustible end
products, as modified by deducting, as determined by the
Administrator of the Environmental Protection Agency--
``(A) any greenhouse gases captured at the facility and
sequestered;
``(B) the carbon content, expressed in units of carbon
dioxide equivalent, of any feedstock that is renewable
biomass; and
``(C) the carbon content, expressed in units of carbon
dioxide equivalent, of any end products that do not result in
the release of carbon dioxide to the atmosphere.
``(10) Long-term storage.--The term `long-term storage'
means sequestration with an expected maximum rate of carbon
dioxide leakage over a specified period of time that is
consistent with the objective of reducing atmospheric
concentrations of carbon dioxide, subject to a permit issued
pursuant to law in effect as of the date of the
sequestration.
``(11) Renewable biomass.--The term `renewable biomass' has
the definition given the term in section 102 of the Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007.
``(12) Sequestration.--The term `sequestration' means the
placement of carbon dioxide in a geological formation,
including--
``(A) an operating oil and gas field;
``(B) coal bed methane recovery;
``(C) a depleted oil and gas field;
``(D) an unmineable coal seam;
``(E) a deep saline formation; and
``(F) a deep geological systems containing basalt
formations.
``(b) FEED Assistance Program.--
``(1) In general.--Subject to paragraph (3), and in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352), not later than 1 year after the date of
the enactment of this section, the Secretary shall carry out
a program to provide grants for use in obtaining or carrying
out any services necessary for the planning, permitting, and
construction of an eligible project.
``(2) Selection of eligible projects.--The Secretary shall
select eligible projects to receive grants under this
section--
``(A) through the conduct of a reverse auction, in which
eligible projects proposed to be carried out that have the
greatest rate of carbon capture and long-term storage, and
the lowest lifecycle greenhouse gas emissions, are given
priority;
``(B) that, taken together, would--
``(i) represent a variety of geographical regions;
``(ii) use a variety of feedstocks and types of coal; and
``(iii) to the extent consistent with achieving long-term
storage, represent a variety of geological formations; and
``(C) for which eligible projects, in the opinion of the
Secretary--
[[Page S8123]]
``(i) each award recipient is financially viable without
the receipt of additional Federal funding associated with the
proposed project;
``(ii) each recipient will provide sufficient information
to the Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and effectively;
``(iii) a market exists for the products of the proposed
project, as evidenced by contracts or written statements of
intent from potential customers;
``(iv) the project team of each recipient is competent in
the construction and operation of the gasification technology
proposed; and
``(v) each recipient has met such other criteria as may be
established and published by the Secretary.
``(3) Maximum amount of grants.--In carrying out this
subsection, the Secretary shall provide not more than--
``(A) $20,000,000 in grant funds for any eligible project;
and
``(B) $200,000,000 in grant funds, in the aggregate, for
all eligible projects.
``(c) Direct Loan Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and subject to funds being made
available in advance through appropriations Acts, the
Secretary shall carry out a program to provide a total of not
more than $10,000,000,000 in loans to eligible individuals
and entities (as determined by the Secretary) for use in
carrying out eligible projects.
``(2) Application.--An applicant for a loan under this
section shall comply with the terms and conditions in section
215(b)(3) of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007 in the same manner in which
applicants for Renewable Energy Construction grants are
required to comply with that section.
``(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this
section--
``(A) through the conduct of a reverse auction, in which
eligible projects proposed to be carried out that have the
greatest rate of carbon capture and long-term storage, and
the lowest lifecycle greenhouse gas emissions, are given
priority;
``(B) that, taken together, would--
``(i) represent a variety of geographic regions;
``(ii) use a variety of types of feedstocks and coal; and
``(iii) to the extent consistent with achieving long-term
storage, represent a variety of geological formations; and
``(C) for which eligible projects, in the opinion of the
Secretary--
``(i) each award recipient is financially viable without
the receipt of additional Federal funding associated with the
proposed project;
``(ii) each recipient will provide sufficient information
to the Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and effectively;
``(iii) a market exists for the products of the proposed
project, as evidenced by contracts or written statements of
intent from potential customers;
``(iv) the project team of each recipient is competent in
the construction and operation of the gasification technology
proposed; and
``(v) each recipient has met such other criteria as may be
established and published by the Secretary.
``(4) Use of loan funds.--
``(A) In general.--Subject to subparagraph (B), funds from
a loan provided under this section may be used to pay up to
100 percent of the costs of capital associated with reducing
lifecycle greenhouse gas emissions at the facility (including
carbon dioxide capture, compression, and long-term storage,
cogeneration, and gasification of biomass) carried out as
part of an eligible project.
``(B) Total project cost.--Funds from a loan provided under
this section may not be used to pay more than 50 percent of
the total cost of an eligible project.
``(5) Rates, terms, and repayment of loans.--A loan
provided under this section--
``(A) shall have an interest rate that, as of the date on
which the loan is made, is equal to the cost of funds to the
Department of the Treasury for obligations of comparable
maturity;
``(B) shall have a term equal to the lesser of--
``(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by
the Secretary; and
``(ii) 25 years;
``(C) may be subject to a deferral in repayment for not
more than 5 years after the date on which the eligible
project carried out using funds from the loan first begins
operations, as determined by the Secretary; and
``(D) shall be made on the condition that the Secretary
shall be subrogated to the rights of the recipient of the
payment as specified in the loan or related agreements,
including, as appropriate, the authority (notwithstanding any
other provision of law)--
``(i) to complete, maintain, operate, lease, or otherwise
dispose of any property acquired pursuant to the guarantee or
a related agreement; or
``(ii) to permit the borrower, pursuant to an agreement
with the Secretary, to continue to pursue the purposes of the
project, if the Secretary determines the pursuit to be in the
public interest.
``(6) Methodology.--Not later than 18 months after the date
of enactment of this section, the Administrator of the
Environmental Protection Agency shall, by regulation,
establish a methodology for use in determining the lifecycle
greenhouse gas emissions of products produced using
gasification technology.
``(d) Study of Maintaining Coal-to-Liquid Products in
Strategic Petroleum Reserve.--Not later than 1 year after the
date of enactment of this section, the Secretary and the
Secretary of Defense shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Strategic
Petroleum Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate
and the Committee on Energy and Commerce and the Committee on
Armed Services of the House of Representatives a report
describing the results of the study.
``(e) Report on Emissions of Coal-to-Liquid Products Used
as Transportation Fuels.--
``(1) In general.--In cooperation with the Secretary, the
Secretary of Defense, the Administrator of the Federal
Aviation Administration, and the Secretary of Health and
Human Services, the Administrator of the Environmental
Protection Agency shall--
``(A) carry out a research and demonstration program to
evaluate the emissions of the use of coal-to-liquid fuel for
transportation, including diesel and jet fuel;
``(B) evaluate the effect of using coal-to-liquid
transportation fuel on emissions of vehicles, including motor
vehicles and nonroad vehicles, and aircraft (as those terms
are defined in sections 216 and 234, respectively, of the
Clean Air Act (42 U.S.C. 7550, 7574)); and
``(C) in accordance with paragraph (4), submit to Congress
a report on the effect on air and water quality, water
scarcity, land use, and public health of using coal-to-liquid
fuel in the transportation sector.
``(2) Guidance and technical support.--The Administrator of
the Environmental Protection Agency, in consultation with the
Secretary, shall issue any guidance or technical support
documents necessary to facilitate the effective use of coal-
to-liquid fuel and blends under this subsection.
``(3) Requirements.--The program described in paragraph
(1)(A) shall take into consideration--
``(A) the use of neat (100 percent) coal-to-liquid fuel and
blends of coal-to-liquid fuels with conventional crude oil-
derived fuel for heavy-duty and light-duty diesel engines and
the aviation sector;
``(B) the production costs associated with domestic
production of those fuels and prices for consumers; and
``(C) the overall greenhouse gas effects of substituting
coal-derived fuels for crude oil-derived fuels.
``(4) Reports.--The Administrator of the Environmental
Protection Agency shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives--
``(A) not later than 180 days after the date of enactment
of this section, an interim report on actions taken to carry
out this subsection; and
``(B) not later than 1 year after the date of enactment of
this section, a final report on actions taken to carry out
this subsection.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``SEC. 3106. CLEAN COAL-DERIVED FUEL FEASIBILITY STUDY.
``(a) In General.--The Secretary, acting through the
Director of the National Energy Technology Laboratory and the
Administrator of the Energy Information Administration, shall
conduct a study to assess the technology, trends, benefits,
and costs associated with the production and consumption of
coal-derived fuels in the United States.
``(b) Requirements.--In conducting the study under
subsection (a), the Secretary shall--
``(1) conduct an assessment of--
``(A) the inputs required per unit of coal-derived fuel;
``(B) the feasibility of attaining an annual production of
coal-derived fuels of a rate of not less than 6,000,000,000
gallons of coal-derived fuels per year; and
``(C) the estimated quantity of commercially recoverable
coal reserves in the United States; and
``(2) make a determination relating to the extent to which,
and the timetable required within which, coal-derived fuels
could feasibly and cost-effectively be expected to offset
consumption of petroleum-based fuels in the United States.
``(c) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report that describes the results of the study.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended
by adding at the end of the items relating to title XXXI the
following:
``Sec. 3105. Coal innovation direct loan program.
``Sec. 3106. Clean coal-derived fuel feasibility study.''.
______
SA 1782. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting
[[Page S8124]]
new emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the end of title III, insert the following:
SEC. __. ELECTRICITY PRODUCTION DIRECT LOAN PROGRAM.
(a) In General.--Title XXXI of the Energy Policy Act of
1992 (42 U.S.C. 13571 et seq.) is amended by adding at the
end the following:
``SEC. 3105. ELECTRICITY PRODUCTION DIRECT LOAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon capture.--The term `carbon capture' means the
capture, separation, and compression of carbon dioxide from a
unit prior to transportation of the carbon dioxide to a long-
term storage site.
``(2) Eligible project.--The term `eligible project' means
a project carried out to produce electricity through the use
of at least 75 percent coal as a feedstock--
``(A) for which technology is employed, on a unit of at
least 400 megawatts, for carbon capture of at least 85
percent of the carbon dioxide produced by the unit;
``(B) that is subject to an enforceable agreement between
the individual or entity and the Secretary for full
deployment of best available carbon capture technology at the
facility, which will capture not less than 85 percent of
carbon dioxide emitted at the facility, within 10 years of
the placed-in-service date;
``(C) for which, in the opinion of the Secretary,
sufficient commitments have been secured to achieve long-term
storage of all captured carbon dioxide beginning on the
placed-in-service date;
``(D) that--
``(i) consists of 1 or more electric generation units at 1
site; and
``(ii) will have a total name plate generating capacity of
at least 400 megawatts;
``(E) for which the applicant provides evidence that a
majority of the output of the project is reasonably expected
to be acquired or used;
``(F) for which the applicant provides evidence of
ownership or control of a site of sufficient size to allow
the proposed project to be constructed and to operate on a
long-term basis; and
``(G) that will be located in the United States.
``(3) Long-term storage.--The term `long-term storage'
means sequestration with an expected maximum rate of carbon
dioxide leakage over a specified period of time that is--
``(A) consistent with the objective of reducing atmospheric
concentrations of carbon dioxide; and
``(B) subject to a permit issued pursuant to applicable
Federal law.
``(4) Sequestration.--The term `sequestration' means the
placement of carbon dioxide in a geological formation, which
may include, to the extent consistent with the achievement of
long-term storage of the carbon dioxide--
``(A) an operating oil and gas field;
``(B) coal bed methane recovery;
``(C) a depleted oil and gas field;
``(D) an unmineable coal seam;
``(E) a deep saline formation; and
``(F) a deep geological systems containing basalt
formations.
``(b) Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and subject to the availability of
appropriations, the Secretary shall carry out a program to
provide a total of not more than $5,000,000,000 in loans to
eligible individuals and entities (as determined by the
Secretary) for use in carrying out eligible projects.
``(2) Application.--An applicant for a loan under this
section shall comply with the terms and conditions in section
215(b)(3) of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007 in the same manner in which
applicants for renewable energy construction grants under
that section are required to comply with those terms and
conditions.
``(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this
section--
``(A) through the conduct of a reverse auction, in which
eligible projects proposed to be carried out are selected
because the eligible projects have--
``(i) the lowest ratio of emitted carbon dioxide (excluding
carbon dioxide captured and sequestered) to produced
electricity, as calculated based on units of carbon dioxide
emitted per megawatt-hour of electricity produced prior to
sequestration;
``(ii) the highest net efficiency, as calculated by
dividing the net generation of electricity of the project, in
megawatt-hours, by all fuel input, in British thermal units--
``(I) as adjusted to take into account the proposed site
elevation and temperature of the project; and
``(II) not including any reduction in electricity
generation resulting from carbon dioxide capture or
sequestration; and
``(iii) carbon dioxide production, prior to sequestration,
of at least 4,000,000 tons per year in a first step in the
construction of a scalable project;
``(B) that, taken together, would--
``(i) represent a variety of geographical regions; and
``(ii) use a variety of types of coal; and
``(C) by giving additional appropriate consideration to--
``(i) the extent to which a project would advance the goals
of demonstrating sequestration technology through the
availability of multiple viable carbon dioxide sink options;
``(ii) the potential of a project to reduce overall
emissions of air pollutants through minimized coal
transportation impacts;
``(iii) the potential of a project to apply the
demonstrated technology to other geographical areas and the
existing coal generating fleet; and
``(iv) the extent to which impacts on surface land and
water from the extraction of coal resources would be
minimized in carrying out the project.
``(4) Use of loan funds.--
``(A) In general.--Subject to subparagraph (B), funds from
a loan provided under this section may be used to pay up to
100 percent of the costs of capital associated with carbon
capture and sequestration (including air separation, boiler,
or gasifier technology to facilitate capture, carbon dioxide
capture, conditioning, and compression) carried out as part
of an eligible project.
``(B) Total project cost.--Funds from a loan provided under
this section may not be used to pay more than 50 percent of
the total cost of an eligible project.
``(5) Rates, terms, and repayment of loans.--A loan
provided under this section--
``(A) shall have a fixed interest rate that, as of the date
on which the loan is made, is equal to the cost of funds to
the Department of the Treasury for obligations of comparable
maturity;
``(B) shall have a term equal to the lesser of--
``(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by
the Secretary; and
``(ii) 25 years from the placed in service date of the
facility;
``(C) shall not enter repayment before the project placed
in service date; and
``(D) shall be made on the condition that the Secretary
shall be subrogated to the rights of the recipient of the
payment as specified in the loan or related agreements,
including, as appropriate, the authority (notwithstanding any
other provision of law)--
``(i) to complete, maintain, operate, lease, or otherwise
dispose of any property acquired pursuant to the guarantee or
a related agreement; or
``(ii) to permit the borrower, pursuant to an agreement
with the Secretary, to continue to pursue the purposes of the
project, if the Secretary determines the pursuit to be in the
public interest.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended
by adding at the end of the items relating to title XXXI the
following:
``Sec. 3105. Electricity production direct loan program.''.
SA 1783. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. 206. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING
CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 (relating to foreign tax credit, etc.), as amended
by this Act, is amended by adding at the end the following
new section:
``SEC. 30E. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING
CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the sum of--
``(1) in the case of a qualified investment of an eligible
taxpayer for such taxable year relating to plug-in hybrid
electric vehicles or pure electric vehicles, 50 percent of so
much of such qualified investment as does not exceed
$150,000,000, and
``(2) in the case of any other qualified investment of an
eligible taxpayer for such taxable year, 35 percent of so
much of such qualified investment as does not exceed
$50,000,000.
``(b) Qualified Investment.--For purposes of this section--
``(1) In general.--The qualified investment for any taxable
year is equal to the incremental costs incurred during such
taxable year--
[[Page S8125]]
``(A) to re-equip, expand, or establish any manufacturing
facility of the eligible taxpayer to produce advanced
technology motor vehicles or to produce eligible components,
``(B) for engineering integration of such vehicles and
components as described in subsection (d), and
``(C) for research and development related to advanced
technology motor vehicles and eligible components.
``(2) Attribution rules.--In the event a facility of the
eligible taxpayer produces both advanced technology motor
vehicles and conventional motor vehicles, or eligible and
non-eligible components, only the qualified investment
attributable to production of advanced technology motor
vehicles and eligible components shall be taken into account.
``(c) Advanced Technology Motor Vehicles and Eligible
Components.--For purposes of this section--
``(1) Advanced technology motor vehicle.--The term
`advanced technology motor vehicle' means--
``(A) any new advanced lean burn technology motor vehicle
(as defined in section 30B(c)(3)),
``(B) any new qualified hybrid motor vehicle (as defined in
section 30B(d)(3)(A) and determined without regard to any
gross vehicle weight rating), or
``(C) any new plug-in hybrid electric vehicle.
``(2) Plug-in hybrid electric vehicle.--For purposes of
this section, the term `plug-in hybrid electric vehicle'
means a light-duty, medium-duty, or heavy-duty on-road or
nonroad vehicle that is propelled by an internal combustion
engine or heat engine and/or an electric motor and energy
storage system using (or capable of using)--
``(A) any combustible fuel,
``(B) an on-board, rechargeable storage device, and
``(C) a means of using an off-board source of electricity
to operate the vehicle in intermittent or continuous all-
electric mode.
``(3) Eligible components.--The term `eligible component'
means any component inherent to any advanced technology motor
vehicle, including--
``(A) with respect to any gasoline or diesel-electric new
qualified hybrid motor vehicle--
``(i) electric motor or generator,
``(ii) power split device,
``(iii) power control unit,
``(iv) power controls,
``(v) integrated starter generator, or
``(vi) battery,
``(B) with respect to any hydraulic new qualified hybrid
motor vehicle--
``(i) hydraulic accumulator vessel,
``(ii) hydraulic pump, or
``(iii) hydraulic pump-motor assembly,
``(C) with respect to any new advanced lean burn technology
motor vehicle--
``(i) diesel engine,
``(ii) turbocharger,
``(iii) fuel injection system, or
``(iv) after-treatment system, such as a particle filter or
NOx absorber, and
``(D) with respect to any advanced technology motor
vehicle, any other component submitted for approval by the
Secretary.
``(d) Engineering Integration Costs.--For purposes of
subsection (b)(1)(B), costs for engineering integration are
costs incurred prior to the market introduction of advanced
technology vehicles for engineering tasks related to--
``(1) establishing functional, structural, and performance
requirements for component and subsystems to meet overall
vehicle objectives for a specific application,
``(2) designing interfaces for components and subsystems
with mating systems within a specific vehicle application,
``(3) designing cost effective, efficient, and reliable
manufacturing processes to produce components and subsystems
for a specific vehicle application, and
``(4) validating functionality and performance of
components and subsystems for a specific vehicle application.
``(e) Eligible Taxpayer.--For purposes of this section, the
term `eligible taxpayer' means any taxpayer if more than 50
percent of its gross receipts for the taxable year is derived
from the manufacture of motor vehicles or any component parts
of such vehicles.
``(f) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for the taxable year shall not
exceed the excess of--
``(1) the sum of--
``(A) the regular tax liability (as defined in section
26(b)) for such taxable year, plus
``(B) the tax imposed by section 55 for such taxable year
and any prior taxable year beginning after 1986 and not taken
into account under section 53 for any prior taxable year,
over
``(2) the sum of the credits allowable under subpart A and
sections 27, 30, and 30B for the taxable year.
``(g) Reduction in Basis.--For purposes of this subtitle,
if a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this paragraph) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(h) No Double Benefit.--
``(1) Coordination with other deductions and credits.--
Except as provided in paragraph (2), the amount of any
deduction or other credit allowable under this chapter for
any cost taken into account in determining the amount of the
credit under subsection (a) shall be reduced by the amount of
such credit attributable to such cost.
``(2) Research and development costs.--
``(A) In general.--Except as provided in subparagraph (B),
any amount described in subsection (b)(1)(C) taken into
account in determining the amount of the credit under
subsection (a) for any taxable year shall not be taken into
account for purposes of determining the credit under section
41 for such taxable year.
``(B) Costs taken into account in determining base period
research expenses.--Any amounts described in subsection
(b)(1)(C) taken into account in determining the amount of the
credit under subsection (a) for any taxable year which are
qualified research expenses (within the meaning of section
41(b)) shall be taken into account in determining base period
research expenses for purposes of applying section 41 to
subsequent taxable years.
``(i) Business Carryovers Allowed.--If the credit allowable
under subsection (a) for a taxable year exceeds the
limitation under subsection (f) for such taxable year, such
excess (to the extent of the credit allowable with respect to
property subject to the allowance for depreciation) shall be
allowed as a credit carryback and carryforward under rules
similar to the rules of section 39.
``(j) Special Rules.--For purposes of this section, rules
similar to the rules of paragraphs (4) and (5) of section
179A(e) and paragraphs (1) and (2) of section 41(f) shall
apply
``(k) Election Not to Take Credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(l) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(m) Termination.--This section shall not apply to any
qualified investment after December 31, 2015.''.
(b) Conforming Amendments.--
(1) Section 1016(a), as amended by this Act, is amended by
striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 30E(g).''.
(2) Section 6501(m), as amended by this Act, is amended by
inserting ``30E(k),'' after ``30D(e)(9),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by inserting after the item relating to section 30C the
following new item:
``Sec. 30E. Advanced technology motor vehicles manufacturing credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts incurred in taxable years beginning after December 31,
2006.
______
SA 1784. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 87, between lines 9 and 10, insert the following:
(c) Special Rule for Model Year 2009 Motor Vehicles.--
Section 30B(c) is amended by adding at the end the following
new paragraph:
``(5) Special rule for 2009 model year vehicles.--In the
case of any motor vehicle which is manufactured in model year
2009--
``(A) paragraph (3)(A)(iv)(I) shall be applied by
substituting `the Bin 8 Tier II emission standard' for `the
Bin 5 Tier II emission standard', and
``(B) in applying this subsection to any motor vehicle
which is a new advanced lean burn technology motor vehicle by
reason of subparagraph (A), the amount of the credit allowed
under this subsection shall be an amount equal to 75 percent
of the amount which would be otherwise so allowed, determined
without regard to this subparagraph.''.
______
SA 1785. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which
[[Page S8126]]
was ordered to lie on the table; as follows:
On page 87, between lines 9 and 10, insert the following:
(c) Special Rule for Model Year 2009 Motor Vehicles.--
Section 30B(c) is amended by adding at the end the following
new paragraph:
``(5) Special rule for 2009 model year vehicles.--In the
case of any motor vehicle which is manufactured in model year
2009--
``(A) paragraph (3)(A)(iv)(I) shall be applied by
substituting `the Bin 8 Tier II emission standard' for `the
Bin 5 Tier II emission standard', and
``(B) in applying this subsection to any motor vehicle
which is a new advanced lean burn technology motor vehicle by
reason of subparagraph (A), the amount of the credit allowed
under this subsection shall be an amount equal to 50 percent
of the amount which would be otherwise so allowed, determined
without regard to this subparagraph.''.
______
SA 1786. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
TITLE VIII--MISCELLANEOUS
SEC. 801. SENSE OF THE SENATE ON ADDRESSING THE RISKS POSED
BY GLOBAL CLIMATE CHANGE.
(a) Findings.--The Senate finds the following:
(1) There is a scientific consensus, as established by the
Intergovernmental Panel on Climate Change and confirmed by
the National Academy of Sciences, that the continued buildup
of anthropogenic greenhouse gases in the atmosphere threatens
the stability of the global climate.
(2) There are significant long-term risks to the economy
and the environment of the United States from the temperature
increases and climatic disruptions that are projected to
result from increased greenhouse gas concentrations.
(3) The potential impacts of global climate change,
including long-term drought, famine, mass migration, and
abrupt climatic shifts, may lead to international tensions
and instability in regions affected and, therefore, have
implications for the national security interests of the
United States.
(4) The United States has the largest economy in the world
and is also the largest emitter of greenhouse gases.
(5) The greenhouse gas emissions of the United States are
projected to continue to rise.
(6) The greenhouse gas emissions of developing countries
are rising more rapidly than the emissions of the United
States and will soon surpass the greenhouse gas emissions of
the United States and other developed countries.
(7) Reducing greenhouse gas emissions to the levels
necessary to avoid serious climatic disruption requires the
introduction of new energy technologies and other climate-
friendly technologies, the use of which results in low or no
emissions of greenhouse gases or in the capture and storage
of greenhouse gases.
(8) The development and sale of climate-friendly
technologies in the United States and internationally present
economic opportunities for workers and businesses in the
United States.
(9) Climate-friendly technologies can improve air quality
by reducing harmful pollutants from stationary and mobile
sources and can enhance energy security by reducing reliance
on imported oil, diversifying energy sources, and reducing
the vulnerability of energy delivery infrastructure.
(10) Other industrialized countries are undertaking
measures to reduce greenhouse gas emissions, which provide
the industries in those countries with a competitive
advantage in the growing global market for climate-friendly
technologies.
(11) Efforts to limit emissions growth in developing
countries in a manner that is consistent with the development
needs of those countries could establish significant markets
for climate-friendly technologies and contribute to
international efforts to address climate change.
(12) The United States Climate Change Science Program
launched by President George W. Bush concluded in April 2006
that there is no longer a discrepancy between the rates of
global average temperature increase observed at the Earth's
surface and in the atmosphere, strengthening the scientific
evidence that human activity contributes significantly to
global temperature increases.
(13) President Bush, in the State of the Union Address
given in January 2006, called on the United States to reduce
its ``addiction'' to oil and focus its attention on
developing cleaner, renewable, and sustainable energy
sources.
(14) President Bush has launched the Asia-Pacific
Partnership on Clean Development and Climate to cooperatively
develop new and cleaner energy technologies and promote their
use in fast-developing nations like India and China.
(15) The national security of the United States will
increasingly depend on the deployment of diplomatic,
military, scientific, and economic resources toward solving
the problem of the overreliance of the United States and the
world on high-carbon energy.
(16) As documented in recent studies, a failure to
recognize, plan for, and mitigate the strategic, social,
political, and economic effects of a changing climate will
have an adverse impact on the national security interests of
the United States.
(17) The United States is a party to the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and entered into force in 1994 (hereinafter referred
to as the ``Convention'').
(18) At the December 2005 United Nations Climate Change
Conference in Montreal, Canada, parties to the Convention,
with the concurrence of the United States, initiated a new
dialogue on long-term cooperative action to address climate
change.
(19) The Convention sets a long-term objective of
stabilizing greenhouse gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic
interference with the climate system.
(20) The Convention establishes that parties bear common
but differentiated responsibilities for efforts to achieve
the objective of stabilizing greenhouse gas concentrations.
(21) An effective global effort to address climate change
must provide for commitments and action by all countries that
are major emitters of greenhouse gases, developed and
developing alike, and the widely varying circumstances among
the developed and developing countries may require that such
commitments and action vary.
(22) The United States has the capability to lead the
effort to counter global climate change.
(b) Sense of the Senate.--It is the sense of the Senate
that the United States should act to reduce the health,
environmental, economic, and national security risks posed by
global climate change and foster sustained economic growth
through a new generation of technologies, by--
(1) participating in negotiations under the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and entered into force in 1994, and leading efforts
in other international fora, with the objective of securing
United States participation in binding agreements that--
(A) advance and protect the economic and national security
interests of the United States;
(B) establish mitigation commitments by all countries that
are major emitters of greenhouse gases, consistent with the
principle of common but differentiated responsibilities;
(C) establish flexible international mechanisms to minimize
the cost of efforts by participating countries; and
(D) achieve a significant long-term reduction in global
greenhouse gas emissions; and
(2) establishing a bipartisan Senate observer group, the
members of which shall be designated by the Majority Leader
and the Minority Leader of the Senate and shall represent the
appropriate congressional committees of oversight, to--
(A) monitor any international negotiations on climate
change; and
(B) ensure that the advice and consent function of the
Senate is exercised in a manner to facilitate timely
consideration of any applicable treaty submitted to the
Senate.
______
SA 1787. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
TITLE VIII--MISCELLANEOUS
SEC. 801. SENSE OF THE SENATE ON ADDRESSING THE RISKS POSED
BY GLOBAL CLIMATE CHANGE.
(a) Findings.--The Senate finds the following:
(1) There is a scientific consensus, as established by the
Intergovernmental Panel on Climate Change and confirmed by
the National Academy of Sciences, that the continued buildup
of anthropogenic greenhouse gases in the atmosphere threatens
the stability of the global climate.
(2) There are significant long-term risks to the economy
and the environment of the United States from the temperature
increases and climatic disruptions that are projected to
result from increased greenhouse gas concentrations.
(3) The potential impacts of global climate change,
including long-term drought, famine, mass migration, and
abrupt climatic shifts, may lead to international tensions
and instability in regions affected and, therefore, have
implications for the national security interests of the
United States.
[[Page S8127]]
(4) The United States has the largest economy in the world
and is also the largest emitter of greenhouse gases.
(5) The greenhouse gas emissions of the United States are
projected to continue to rise.
(6) The greenhouse gas emissions of developing countries
are rising more rapidly than the emissions of the United
States and will soon surpass the greenhouse gas emissions of
the United States and other developed countries.
(7) Reducing greenhouse gas emissions to the levels
necessary to avoid serious climatic disruption requires the
introduction of new energy technologies and other climate-
friendly technologies, the use of which results in low or no
emissions of greenhouse gases or in the capture and storage
of greenhouse gases.
(8) The development and sale of climate-friendly
technologies in the United States and internationally present
economic opportunities for workers and businesses in the
United States.
(9) Climate-friendly technologies can improve air quality
by reducing harmful pollutants from stationary and mobile
sources and can enhance energy security by reducing reliance
on imported oil, diversifying energy sources, and reducing
the vulnerability of energy delivery infrastructure.
(10) Other industrialized countries are undertaking
measures to reduce greenhouse gas emissions, which provide
the industries in those countries with a competitive
advantage in the growing global market for climate-friendly
technologies.
(11) Efforts to limit emissions growth in developing
countries in a manner that is consistent with the development
needs of those countries could establish significant markets
for climate-friendly technologies and contribute to
international efforts to address climate change.
(12) The United States Climate Change Science Program
launched by President George W. Bush concluded in April 2006
that there is no longer a discrepancy between the rates of
global average temperature increase observed at the Earth's
surface and in the atmosphere, strengthening the scientific
evidence that human activity contributes significantly to
global temperature increases.
(13) President Bush, in the State of the Union Address
given in January 2006, called on the United States to reduce
its ``addiction'' to oil and focus its attention on
developing cleaner, renewable, and sustainable energy
sources.
(14) President Bush has launched the Asia-Pacific
Partnership on Clean Development and Climate to cooperatively
develop new and cleaner energy technologies and promote their
use in fast-developing nations like India and China.
(15) The national security of the United States will
increasingly depend on the deployment of diplomatic,
military, scientific, and economic resources toward solving
the problem of the overreliance of the United States and the
world on high-carbon energy.
(16) The United States is a party to the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and entered into force in 1994 (hereinafter referred
to as the ``Convention'').
(17) At the December 2005 United Nations Climate Change
Conference in Montreal, Canada, parties to the Convention,
with the concurrence of the United States, initiated a new
dialogue on long-term cooperative action to address climate
change.
(18) The Convention sets a long-term objective of
stabilizing greenhouse gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic
interference with the climate system.
(19) The Convention establishes that parties bear common
but differentiated responsibilities for efforts to achieve
the objective of stabilizing greenhouse gas concentrations.
(20) An effective global effort to address climate change
must provide for commitments and action by all countries that
are major emitters of greenhouse gases, developed and
developing alike, and the widely varying circumstances among
the developed and developing countries may require that such
commitments and action vary.
(21) The United States has the capability to lead the
effort to counter global climate change.
(b) Sense of the Senate.--It is the sense of the Senate
that the United States should act to reduce the health,
environmental, economic, and national security risks posed by
global climate change and foster sustained economic growth
through a new generation of technologies, by--
(1) participating in negotiations under the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and entered into force in 1994, and leading efforts
in other international fora, with the objective of securing
United States participation in binding agreements that--
(A) advance and protect the economic and national security
interests of the United States;
(B) establish mitigation commitments by all countries that
are major emitters of greenhouse gases, consistent with the
principle of common but differentiated responsibilities;
(C) establish flexible international mechanisms to minimize
the cost of efforts by participating countries; and
(D) achieve a significant long-term reduction in global
greenhouse gas emissions; and
(2) establishing a bipartisan Senate observer group, the
members of which shall be designated by the Majority Leader
and the Minority Leader of the Senate and shall represent the
appropriate congressional committees of oversight, to--
(A) monitor any international negotiations on climate
change; and
(B) ensure that the advice and consent function of the
Senate is exercised in a manner to facilitate timely
consideration of any applicable treaty submitted to the
Senate.
______
SA 1788. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr.
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 240, beginning in line 15, strike ``a
manufacturer'' and insert ``manufacturers''.
On page 241, beginning in line 16, strike ``at least 4
percent greater than the'' and insert ``the maximum
feasible''.
On page 241, beginning in line 17, strike ``required to be
attained for the fleet in the previous model year (rounded to
the nearest \1/10\ mile per gallon).'' and insert ``for the
fleet.''.
On page 243, beginning in line 18, strike ``and based on
the results of that study,'' and insert ``by regulation,''.
On page 243, line 22, strike ``and, as appropriate, shall
adopt'' and insert ``designed to achieve the maximum feasible
improvement, and shall adopt appropriate''.
On page 243, line 23, strike ``efficiency'' and insert
``economy''.
On page 244, line 12, strike ``a commercial'' and insert
``an''.
On page 244, line 14, strike ``10,000 pounds.'' and insert
``8,500 pounds, and that, in the case of a vehicle with a
gross vehicle weight rating of less than 10,000 pounds, is
not an automobile.''.
On page 244, beginning with line 20, strike through line 5
on page 245, and insert the following:
``(1) Vehicle attributes; model years covered.--The
Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes related
to fuel economy and to express the standards in the form of a
mathematical function; and
``(B) issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
On page 245, beginning with line 17, strike through line 8
on page 247 and insert the following:
``(c) Amending Fuel Economy Standards.--Notwithstanding
subsections (a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.''.
On page 251, between lines 13 and 14, insert the following:
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
[[Page S8128]]
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.5 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.''.
On page 251, line 14, strike ``(e)'' and insert ``(f)''.
On page 253, beginning in line 15, strike ``and
aggressivity reduction''.
On page 253, line 19, strike ``incompatibility and
aggressivity.'' and insert ``incompatibility.''.
On page 254, in the matter appearing between lines 20 and
21, strike ``and aggressivity reduction''.
On page 259, line 9, after ``automobile'' insert ``and
medium-duty and heavy-duty truck''.
On page 259, line 11, after ``automotive'' insert ``and
medium-duty and heavy-duty truck''.
On page 261, beginning with line 5, strike through line 8
on page 263.
On page 263, line 9, strike ``SEC. 512.'' and insert ``SEC.
511.''.
On page 264, line 18, strike ``SEC. 513.'' and insert
``SEC. 512.''.
On page 265, line 11, strike ``SEC. 514.'' and insert
``SEC. 513.''.
On page 268, line 14, strike ``SEC. 515.'' and insert
``SEC. 514.''.
On page 269, line 17, insert ``and'' after the semicolon.
On page 269, strike lines 18 through 20.
On page 269, line 21, strike ``(iii)'' and insert ``(ii)''.
On page 270, line 17, strike ``SEC. 516.'' and insert
``SEC. 515.''.
On page 272, line 10, strike ``SEC. 517.'' and insert
``SEC. 516.''.
On page 273, line 6, strike ``518(a)'' and insert
``517(a)''.
On page 273, line 7, strike ``SEC. 518.'' and insert ``SEC.
517.''.
On page 276, line 20, strike ``SEC. 519.'' and insert
``SEC. 518.''.
On page 277, line 1, strike ``SEC. 520.'' and insert ``SEC.
519.''.
______
SA 1789. Mr. SALAZAR submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 37, strike line 24 and all that follows
through page 38, line 3, and insert the following:
``(2) Requirements.--
(A) In general.--A project under this subsection shall
employ new or significantly improved technologies for the
production of renewable fuels as compared to commercial
technologies in service in the United States on the date on
which the guarantee is issued.
(B) New or significantly improved technologies.--To be
considered a new or significantly improved technology under
subparagraph (A), the technology shall have the potential,
not later than 15 years after the date on which the guarantee
is issued--
(i) to achieve scalability with an annual rate of
production equal to a rate of not less than 15,000,000,000
gallons of conventional biofuels per year; and
(ii) to be competitive with respect to the cost of
conventional biofuels.
______
SA 1790. Mr. SALAZAR submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 7, line 13, strike ``and'' at the end.
On page 7, line 16, strike the period at the end and insert
``; and''.
On page 7, between lines 16 and 17, insert the following:
(vii) cellulosic biofuel, including any liquid
transportation fuel that is derived from any lignocellulosic
or hemicellulosic matter (other than food starch) that is
available on a renewable or recurring basis.
______
SA 1791. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 69, after line 20, insert the following:
(2) Clarification of definition.--Paragraph (3) of section
40A(f) is amended--
(A) by striking ``thermal depolymerization process'' and
inserting ``thermal chemical process'',
(B) by inserting ``, if applicable'' after ``(42 U.S.C.
7545)'' in subparagraph (A), and
(C) by inserting ``or such other applicable standards as
may be issued by the American Society of Testing and
Materials that apply to a final mixture or product'' after
``D975 or D396'' in subparagraph (B).
______
SA 1792. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr.
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 239, beginning with line 16, strike through line 5
on page 277 and insert the following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in
subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY
REGULATION.--'';
(2) by striking ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by manufacturers in each
model year beginning with model year 2011 in accordance with
subsection (c); and
``(B) commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be the maximum feasible average fuel economy standard for the
fleet.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
[[Page S8129]]
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, by
regulation, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall adopt
appropriate test methods, measurement metrics, fuel economy
standards, and compliance and enforcement protocols that are
appropriate, cost-effective, and technologically feasible for
commercial medium- and heavy-duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means an on-highway
vehicle with a gross vehicle weight rating of more than 8,500
pounds, and that, in the case of a vehicle with a gross
vehicle weight rating of less than 10,000 pounds, is not an
automobile.''.
(c) Authority of Secretary.--Section 32902 of title 49,
United States Code, as amended by subsection (b), is further
amended by adding at the end thereof the following:
``(l) Authority of the Secretary.--
``(1) Vehicle attributes; model years covered.--The
Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes related
to fuel economy and to express the standards in the form of a
mathematical function; and
``(B) issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--Notwithstanding
subsections (a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of
such standard. In determining cost-effectiveness, the
Secretary shall give priority to those technologies and
packages of technologies that offer the largest reduction in
fuel use relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the
analysis the following factors:
``(A) Economic security.
``(B) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(C) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(D) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(E) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(F) Such additional factors as the Secretary deems
relevant.
``(5) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the greater of--
``(A) the average value of gasoline prices projected by the
Energy Information Administration over the period covered by
the standard; or
``(B) the average value of gasoline prices for the 5-year
period immediately preceding the year in which the standard
is established.''.
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting ``(1) Before
issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of
this section, the Secretary of Transportation shall give the
Secretary of Energy and Administrator of the Environmental
Protection Agency at least 30 days after the receipt of the
notice during which the Secretary of Energy and Administrator
may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the
conservation goals of the Secretary of Energy or
environmental protection goals of the Administrator, provide
written comments to the Secretary of Transportation about the
impact of the standard on those goals. To the extent the
Secretary of Transportation does not revise a proposed
standard to take into account comments of the Secretary of
Energy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall include those
comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
[[Page S8130]]
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.5 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.
(f) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility. The standard shall address characteristics
necessary to ensure better management of crash forces in
multiple vehicle frontal and side impact crashes between
different types, sizes, and weights of automobiles with a
gross vehicle weight of 10,000 pounds or less in order to
decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
[[Page S8131]]
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL
AUTOMOBILES.
Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Automobiles.--(1) The Secretary of Energy, in consultation
with the Secretary of Transportation, shall prescribe
regulations that require the manufacturer of automobiles
distributed in interstate commerce for sale in the United
States--
``(A) to prominently display a permanent badge or emblem on
the quarter panel or tailgate of each such automobile that
indicates such vehicle is capable of operating on alternative
fuel; and
``(B) to include information in the owner's manual of each
such automobile information that describes--
``(i) the capability of the automobile to operate using
alternative fuel;
``(ii) the benefits of using alternative fuel, including
the renewable nature, and the environmental benefits of using
alternative fuel; and
``(C) to contain a fuel tank cap that is clearly labeled to
inform consumers that the automobile is capable of operating
on alternative fuel.
``(2) The Secretary of Transportation shall collaborate
with automobile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with
information regarding the benefits of using alternative fuel
in automobiles, including--
``(A) the renewable nature of alternative fuel; and
``(B) the environmental benefits of using alternative
fuel.''.
SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce that describes the results
of the reevaluation process.
SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30123 the
following new section:
``Sec. 30123A. Tire fuel efficiency consumer information
``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for tires designed for use on motor vehicles to educate
consumers about the effect of tires on automobile fuel
efficiency.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle tires to assist consumers in making more
educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title
49, Code of Federal Regulations, as in effect on date of
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Preemption.--When a requirement under this section is
in effect, a State or political subdivision of a State may
adopt or enforce a law or regulation on tire fuel efficiency
consumer information only if the law or regulation is
identical to that requirement. Nothing in this section shall
be construed to preempt a State or political subdivision of a
State from regulating the fuel efficiency of tires not
otherwise preempted under this chapter.''.
(b) Enforcement.--Section 30165(a) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Section 30123a.--Any person who fails to comply with
the national tire fuel efficiency consumer information
program under section 30123A is liable to the United States
Government for a civil penalty of not more than $50,000 for
each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30123 the following:
``30123A. Tire fuel efficiency consumer information''.
SEC. 514. ADVANCED BATTERY INITIATIVE.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall establish and
carry out an Advanced Battery Initiative in accordance with
this section to support research, development, demonstration,
and commercial application of battery technologies.
(b) Industry Alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(A) comments to identify advanced battery technology and
battery systems needs relevant to--
(i) electric drive technology; and
(ii) other applications the Secretary deems appropriate;
(B) an assessment of the progress of research activities of
the Initiative; and
(C) assistance in annually updating advanced battery
technology and battery systems roadmaps.
(d) Availability to the Public.--The information and
roadmaps developed under this section shall be available to
the public.
(e) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(f) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2012.
SEC. 515. BIODIESEL STANDARDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the
[[Page S8132]]
Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Transportation and the
Secretary of Energy, shall promulgate regulations to ensure
that all diesel-equivalent fuels derived from renewable
biomass that are introduced into interstate commerce are
tested and certified to comply with appropriate American
Society for Testing and Materials standards.
(b) Definitions.--In this section:
(1) Biodiesel.--
(A) In general.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(i) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing
and Materials D6751.
(B) Inclusions.--The term ``biodiesel'' includes esters
described in subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and
other waste material; and
(ii) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
(2) Biodiesel blend.--The term ``biodiesel blend'' means a
mixture of biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as ``B5''); and
(B) a blend of biodiesel and diesel fuel approximately 20
percent of the content of which is biodiesel (commonly known
as ``B20'').
SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended
by adding at the end thereof the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive
technologies and to support rulemaking under this chapter;
and
``(2) transfer 50 percent of such total amount to the
Energy Security Fund established by section 517(a) of the
Ten-in-Ten Fuel Economy Act.''.
SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT
PROGRAM.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy Security Fund'' (referred
to in this section as the ``Fund''), consisting of--
(A) amounts transferred to the Fund under section
32912(e)(2) of title 49, United States Code; and
(B) amounts credited to the Fund under paragraph (2)(C).
(2) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
in interest-bearing obligations of the United States such
portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(3) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant
program under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting
through the Clean Cities Program of the Department of Energy,
shall establish and carry out a program under which the
Secretary shall provide grants to expand the availability to
consumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph (B),
any entity that is eligible to receive assistance under the
Clean Cities Program shall be eligible to receive a grant
under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large, vertically-integrated
oil company shall not be eligible to receive a grant under
this subsection.
(ii) Prohibition of dual benefits.--An entity that receives
any other Federal funds for the construction or expansion of
alternative refueling infrastructure shall not be eligible to
receive a grant under this subsection for the construction or
expansion of the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall
promulgate regulations to ensure that, before receiving a
grant under this subsection, an eligible entity meets
applicable standards relating to the installation,
construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels
(as defined in section 32901(a) of title 49, United States
Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under this
subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall receive
not more than $90,000 under this subsection for any station
of the eligible entity during a fiscal year.
(4) Use of funds.--
(A) In general.--A grant provided under this subsection
shall be used for the construction or expansion of
alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3 percent of
the amount of a grant provided under this subsection shall be
used for administrative expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2009
through 2021 to carry out the provisions of chapter 329 of
title 49, United States Code.
SEC. 519. APPLICATION WITH CLEAN AIR ACT.
Nothing in this title shall be construed to conflict with
the authority provided by sections 202 and 209 of the Clean
Air Act (42 U.S.C. 7521 and 7543, respectively).
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.4 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.''.
(f) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
[[Page S8133]]
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility. The standard shall address characteristics
necessary to ensure better management of crash forces in
multiple vehicle frontal and side impact crashes between
different types, sizes, and weights of automobiles with a
gross vehicle weight of 10,000 pounds or less in order to
decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL
AUTOMOBILES.
Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Automobiles.--(1) The Secretary of Energy, in consultation
with the Secretary of Transportation, shall prescribe
regulations that require the manufacturer of automobiles
distributed in interstate commerce for sale in the United
States--
``(A) to prominently display a permanent badge or emblem on
the quarter panel or tailgate of each such automobile that
indicates such vehicle is capable of operating on alternative
fuel; and
``(B) to include information in the owner's manual of each
such automobile information that describes--
``(i) the capability of the automobile to operate using
alternative fuel;
[[Page S8134]]
``(ii) the benefits of using alternative fuel, including
the renewable nature, and the environmental benefits of using
alternative fuel; and
``(C) to contain a fuel tank cap that is clearly labeled to
inform consumers that the automobile is capable of operating
on alternative fuel.
``(2) The Secretary of Transportation shall collaborate
with automobile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with
information regarding the benefits of using alternative fuel
in automobiles, including--
``(A) the renewable nature of alternative fuel; and
``(B) the environmental benefits of using alternative
fuel.''.
SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce that describes the results
of the reevaluation process.
SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30123 the
following new section:
``Sec. 30123A. Tire fuel efficiency consumer information
``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for tires designed for use on motor vehicles to educate
consumers about the effect of tires on automobile fuel
efficiency.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle tires to assist consumers in making more
educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title
49, Code of Federal Regulations, as in effect on date of
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Preemption.--When a requirement under this section is
in effect, a State or political subdivision of a State may
adopt or enforce a law or regulation on tire fuel efficiency
consumer information only if the law or regulation is
identical to that requirement. Nothing in this section shall
be construed to preempt a State or political subdivision of a
State from regulating the fuel efficiency of tires not
otherwise preempted under this chapter.''.
(b) Enforcement.--Section 30165(a) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Section 30123a.--Any person who fails to comply with
the national tire fuel efficiency consumer information
program under section 30123A is liable to the United States
Government for a civil penalty of not more than $50,000 for
each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30123 the following:
``30123A. Tire fuel efficiency consumer information''.
SEC. 514. ADVANCED BATTERY INITIATIVE.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall establish and
carry out an Advanced Battery Initiative in accordance with
this section to support research, development, demonstration,
and commercial application of battery technologies.
(b) Industry Alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(A) comments to identify advanced battery technology and
battery systems needs relevant to--
(i) electric drive technology; and
(ii) other applications the Secretary deems appropriate;
(B) an assessment of the progress of research activities of
the Initiative; and
(C) assistance in annually updating advanced battery
technology and battery systems roadmaps.
(d) Availability to the Public.--The information and
roadmaps developed under this section shall be available to
the public.
(e) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(f) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2012.
SEC. 515. BIODIESEL STANDARDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation and the Secretary of Energy, shall promulgate
regulations to ensure that all diesel-equivalent fuels
derived from renewable biomass that are introduced into
interstate commerce are tested and certified to comply with
appropriate American Society for Testing and Materials
standards.
(b) Definitions.--In this section:
(1) Biodiesel.--
(A) In general.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(i) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing
and Materials D6751.
(B) Inclusions.--The term ``biodiesel'' includes esters
described in subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and
other waste material; and
(ii) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
(2) Biodiesel blend.--The term ``biodiesel blend'' means a
mixture of biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as ``B5''); and
(B) a blend of biodiesel and diesel fuel approximately 20
percent of the content of which is biodiesel (commonly known
as ``B20'').
SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended
by adding at the end thereof the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive
technologies and to support rulemaking under this chapter;
and
``(2) transfer 50 percent of such total amount to the
Energy Security Fund established by section 517(a) of the
Ten-in-Ten Fuel Economy Act.''.
SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT
PROGRAM.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy
[[Page S8135]]
Security Fund'' (referred to in this section as the
``Fund''), consisting of--
(A) amounts transferred to the Fund under section
32912(e)(2) of title 49, United States Code; and
(B) amounts credited to the Fund under paragraph (2)(C).
(2) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
in interest-bearing obligations of the United States such
portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(3) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant
program under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting
through the Clean Cities Program of the Department of Energy,
shall establish and carry out a program under which the
Secretary shall provide grants to expand the availability to
consumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph (B),
any entity that is eligible to receive assistance under the
Clean Cities Program shall be eligible to receive a grant
under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large, vertically-integrated
oil company shall not be eligible to receive a grant under
this subsection.
(ii) Prohibition of dual benefits.--An entity that receives
any other Federal funds for the construction or expansion of
alternative refueling infrastructure shall not be eligible to
receive a grant under this subsection for the construction or
expansion of the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall
promulgate regulations to ensure that, before receiving a
grant under this subsection, an eligible entity meets
applicable standards relating to the installation,
construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels
(as defined in section 32901(a) of title 49, United States
Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under this
subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall receive
not more than $90,000 under this subsection for any station
of the eligible entity during a fiscal year.
(4) Use of funds.--
(A) In general.--A grant provided under this subsection
shall be used for the construction or expansion of
alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3 percent of
the amount of a grant provided under this subsection shall be
used for administrative expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2009
through 2021 to carry out the provisions of chapter 329 of
title 49, United States Code.
SEC. 519. APPLICATION WITH CLEAN AIR ACT.
Nothing in this title shall be construed to conflict with
the authority provided by sections 202 and 209 of the Clean
Air Act (42 U.S.C. 7521 and 7543, respectively).
______
SA 1793. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr.
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment
intended to be proposed to amendment SA 1711 submitted by Mr. Pryor
(for himself, Mr. Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow and Mrs.
McCaskill) and intended to be proposed to the amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
In lieu of the matter proposed to be inserted, insert the
following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in
subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY
REGULATION.--'';
(2) by striking ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by manufacturers in each
model year beginning with model year 2011 in accordance with
subsection (c); and
``(B) commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be the maximum feasible average fuel economy standard for the
fleet.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, by
regulation, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall adopt
appropriate test methods, measurement metrics, fuel economy
standards, and compliance and enforcement protocols that are
appropriate, cost-effective, and technologically feasible for
commercial medium- and heavy-duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means an on-highway
vehicle with a gross vehicle weight rating of more than 8,500
pounds, and that, in the case of a vehicle with a gross
vehicle weight rating of less than 10,000 pounds, is not an
automobile.''.
(c) Authority of Secretary.--Section 32902 of title 49,
United States Code, as
[[Page S8136]]
amended by subsection (b), is further amended by adding at
the end thereof the following:
``(l) Authority of the Secretary.--
``(1) Vehicle attributes; model years covered.--The
Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes related
to fuel economy and to express the standards in the form of a
mathematical function; and
``(B) issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--Notwithstanding
subsections (a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of
such standard. In determining cost-effectiveness, the
Secretary shall give priority to those technologies and
packages of technologies that offer the largest reduction in
fuel use relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the
analysis the following factors:
``(A) Economic security.
``(B) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(C) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(D) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(E) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(F) Such additional factors as the Secretary deems
relevant.
``(5) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the greater of--
``(A) the average value of gasoline prices projected by the
Energy Information Administration over the period covered by
the standard; or
``(B) the average value of gasoline prices for the 5-year
period immediately preceding the year in which the standard
is established.''.
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting ``(1) Before
issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of
this section, the Secretary of Transportation shall give the
Secretary of Energy and Administrator of the Environmental
Protection Agency at least 30 days after the receipt of the
notice during which the Secretary of Energy and Administrator
may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the
conservation goals of the Secretary of Energy or
environmental protection goals of the Administrator, provide
written comments to the Secretary of Transportation about the
impact of the standard on those goals. To the extent the
Secretary of Transportation does not revise a proposed
standard to take into account comments of the Secretary of
Energy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall include those
comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.4 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.''.
(f) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
[[Page S8137]]
``(C) a work truck.''; and
(2) by adding at the end the following:
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility. The standard shall address characteristics
necessary to ensure better management of crash forces in
multiple vehicle frontal and side impact crashes between
different types, sizes, and weights of automobiles with a
gross vehicle weight of 10,000 pounds or less in order to
decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL
AUTOMOBILES.
Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Automobiles.--(1) The Secretary of Energy, in consultation
with the Secretary of Transportation, shall prescribe
regulations that require the manufacturer of automobiles
distributed in interstate commerce for sale in the United
States--
``(A) to prominently display a permanent badge or emblem on
the quarter panel or tailgate of each such automobile that
indicates such vehicle is capable of operating on alternative
fuel; and
``(B) to include information in the owner's manual of each
such automobile information that describes--
``(i) the capability of the automobile to operate using
alternative fuel;
[[Page S8138]]
``(ii) the benefits of using alternative fuel, including
the renewable nature, and the environmental benefits of using
alternative fuel; and
``(C) to contain a fuel tank cap that is clearly labeled to
inform consumers that the automobile is capable of operating
on alternative fuel.
``(2) The Secretary of Transportation shall collaborate
with automobile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with
information regarding the benefits of using alternative fuel
in automobiles, including--
``(A) the renewable nature of alternative fuel; and
``(B) the environmental benefits of using alternative
fuel.''.
SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce that describes the results
of the reevaluation process.
SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30123 the
following new section:
``Sec. 30123A. Tire fuel efficiency consumer information
``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for tires designed for use on motor vehicles to educate
consumers about the effect of tires on automobile fuel
efficiency.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle tires to assist consumers in making more
educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title
49, Code of Federal Regulations, as in effect on date of
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Preemption.--When a requirement under this section is
in effect, a State or political subdivision of a State may
adopt or enforce a law or regulation on tire fuel efficiency
consumer information only if the law or regulation is
identical to that requirement. Nothing in this section shall
be construed to preempt a State or political subdivision of a
State from regulating the fuel efficiency of tires not
otherwise preempted under this chapter.''.
(b) Enforcement.--Section 30165(a) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Section 30123a.--Any person who fails to comply with
the national tire fuel efficiency consumer information
program under section 30123A is liable to the United States
Government for a civil penalty of not more than $50,000 for
each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30123 the following:
``30123A. Tire fuel efficiency consumer information''.
SEC. 514. ADVANCED BATTERY INITIATIVE.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall establish and
carry out an Advanced Battery Initiative in accordance with
this section to support research, development, demonstration,
and commercial application of battery technologies.
(b) Industry Alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(A) comments to identify advanced battery technology and
battery systems needs relevant to--
(i) electric drive technology; and
(ii) other applications the Secretary deems appropriate;
(B) an assessment of the progress of research activities of
the Initiative; and
(C) assistance in annually updating advanced battery
technology and battery systems roadmaps.
(d) Availability to the Public.--The information and
roadmaps developed under this section shall be available to
the public.
(e) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(f) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2012.
SEC. 515. BIODIESEL STANDARDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation and the Secretary of Energy, shall promulgate
regulations to ensure that all diesel-equivalent fuels
derived from renewable biomass that are introduced into
interstate commerce are tested and certified to comply with
appropriate American Society for Testing and Materials
standards.
(b) Definitions.--In this section:
(1) Biodiesel.--
(A) In general.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(i) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing
and Materials D6751.
(B) Inclusions.--The term ``biodiesel'' includes esters
described in subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and
other waste material; and
(ii) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
(2) Biodiesel blend.--The term ``biodiesel blend'' means a
mixture of biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as ``B5''); and
(B) a blend of biodiesel and diesel fuel approximately 20
percent of the content of which is biodiesel (commonly known
as ``B20'').
SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended
by adding at the end thereof the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive
technologies and to support rulemaking under this chapter;
and
``(2) transfer 50 percent of such total amount to the
Energy Security Fund established by section 517(a) of the
Ten-in-Ten Fuel Economy Act.''.
SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT
PROGRAM.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy
[[Page S8139]]
Security Fund'' (referred to in this section as the
``Fund''), consisting of--
(A) amounts transferred to the Fund under section
32912(e)(2) of title 49, United States Code; and
(B) amounts credited to the Fund under paragraph (2)(C).
(2) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
in interest-bearing obligations of the United States such
portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(3) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant
program under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting
through the Clean Cities Program of the Department of Energy,
shall establish and carry out a program under which the
Secretary shall provide grants to expand the availability to
consumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph (B),
any entity that is eligible to receive assistance under the
Clean Cities Program shall be eligible to receive a grant
under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large, vertically-integrated
oil company shall not be eligible to receive a grant under
this subsection.
(ii) Prohibition of dual benefits.--An entity that receives
any other Federal funds for the construction or expansion of
alternative refueling infrastructure shall not be eligible to
receive a grant under this subsection for the construction or
expansion of the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall
promulgate regulations to ensure that, before receiving a
grant under this subsection, an eligible entity meets
applicable standards relating to the installation,
construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels
(as defined in section 32901(a) of title 49, United States
Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under this
subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall receive
not more than $90,000 under this subsection for any station
of the eligible entity during a fiscal year.
(4) Use of funds.--
(A) In general.--A grant provided under this subsection
shall be used for the construction or expansion of
alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3 percent of
the amount of a grant provided under this subsection shall be
used for administrative expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2009
through 2021 to carry out the provisions of chapter 329 of
title 49, United States Code.
SEC. 519. APPLICATION WITH CLEAN AIR ACT.
Nothing in this title shall be construed to conflict with
the authority provided by sections 202 and 209 of the Clean
Air Act (42 U.S.C. 7521 and 7543, respectively).
______
SA 1794. Mr. STEVENS (Ms. Snowe, Mr. Alexander, Mr. Carper, Mr. Lott,
Mr. Kerry, and Mr. Corker) submitted an amendment intended to be
proposed to amendment SA 1712 submitted by Mr. Pryor (for himself, Mr.
Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow, and Mrs. McCaskill) and
intended to be proposed to the amendment SA 1502 proposed by Mr. Reid
to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in
subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY
REGULATION.--'';
(2) by striking ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by manufacturers in each
model year beginning with model year 2011 in accordance with
subsection (c); and
``(B) commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be the maximum feasible average fuel economy standard for the
fleet.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, by
regulation, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall adopt
appropriate test methods, measurement metrics, fuel economy
standards, and compliance and enforcement protocols that are
appropriate, cost-effective, and technologically feasible for
commercial medium- and heavy-duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means an on-highway
vehicle with a gross vehicle weight rating of more than 8,500
pounds, and that, in the case of a vehicle with a gross
vehicle weight rating of less than 10,000 pounds, is not an
automobile.''.
(c) Authority of Secretary.--Section 32902 of title 49,
United States Code, as amended by subsection (b), is further
amended by adding at the end thereof the following:
[[Page S8140]]
``(l) Authority of the Secretary.--
``(1) Vehicle attributes.--The Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes related
to fuel economy and to express the standards in the form of a
mathematical function; and
``(B) issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--Notwithstanding
subsections (a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of
such standard. In determining cost-effectiveness, the
Secretary shall give priority to those technologies and
packages of technologies that offer the largest reduction in
fuel use relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the
analysis the following factors:
``(A) Economic security.
``(B) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(C) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(D) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(E) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(F) Such additional factors as the Secretary deems
relevant.
``(5) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the greater of--
``(A) the average value of gasoline prices projected by the
Energy Information Administration over the period covered by
the standard; or
``(B) the average value of gasoline prices for the 5-year
period immediately preceding the year in which the standard
is established.''.
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting ``(1) Before
issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of
this section, the Secretary of Transportation shall give the
Secretary of Energy and Administrator of the Environmental
Protection Agency at least 30 days after the receipt of the
notice during which the Secretary of Energy and Administrator
may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the
conservation goals of the Secretary of Energy or
environmental protection goals of the Administrator, provide
written comments to the Secretary of Transportation about the
impact of the standard on those goals. To the extent the
Secretary of Transportation does not revise a proposed
standard to take into account comments of the Secretary of
Energy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall include those
comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.4 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.''.
(f) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
[[Page S8141]]
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility. The standard shall address characteristics
necessary to ensure better management of crash forces in
multiple vehicle frontal and side impact crashes between
different types, sizes, and weights of automobiles with a
gross vehicle weight of 10,000 pounds or less in order to
decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.q
______
SA 1795. Mr. STEVENS (for himself Ms. Snowe, Mr. Alexander, Mr.
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment
intended to be proposed to amendment SA 1713 submitted by Mr. Pryor
(for himself, Mr. Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow, and
Mrs. McCaskill) and intended to be proposed to the amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
[[Page S8142]]
In lieu of the matter proposed to be inserted, insert the
following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in
subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY
REGULATION.--'';
(2) by striking ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by manufacturers in each
model year beginning with model year 2011 in accordance with
subsection (c); and
``(B) commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be the maximum feasible average fuel economy standard for the
fleet.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, by
regulation, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall adopt
appropriate test methods, measurement metrics, fuel economy
standards, and compliance and enforcement protocols that are
appropriate, cost-effective, and technologically feasible for
commercial medium- and heavy-duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means an on-highway
vehicle with a gross vehicle weight rating of more than 8,500
pounds, and that, in the case of a vehicle with a gross
vehicle weight rating of less than 10,000 pounds, is not an
automobile.''.
(c) Authority of Secretary.--Section 32902 of title 49,
United States Code, as amended by subsection (b), is further
amended by adding at the end thereof the following:
``(l) Authority of the Secretary.--
``(1) Vehicle attributes.--The Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes related
to fuel economy and to express the standards in the form of a
mathematical function; and
``(B) issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--Notwithstanding
subsections (a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of
such standard. In determining cost-effectiveness, the
Secretary shall give priority to those technologies and
packages of technologies that offer the largest reduction in
fuel use relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the
analysis the following factors:
``(A) Economic security.
``(B) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(C) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(D) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(E) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(F) Such additional factors as the Secretary deems
relevant.
``(5) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the greater of--
``(A) the average value of gasoline prices projected by the
Energy Information Administration over the period covered by
the standard; or
``(B) the average value of gasoline prices for the 5-year
period immediately preceding the year in which the standard
is established.''.
[[Page S8143]]
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting ``(1) Before
issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of
this section, the Secretary of Transportation shall give the
Secretary of Energy and Administrator of the Environmental
Protection Agency at least 30 days after the receipt of the
notice during which the Secretary of Energy and Administrator
may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the
conservation goals of the Secretary of Energy or
environmental protection goals of the Administrator, provide
written comments to the Secretary of Transportation about the
impact of the standard on those goals. To the extent the
Secretary of Transportation does not revise a proposed
standard to take into account comments of the Secretary of
Energy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall include those
comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.4 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates;
``(B) sold in the United States fewer than 0.4 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.4 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.''.
(f) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility. The standard shall address characteristics
necessary to ensure better management of crash forces in
multiple vehicle frontal and side impact crashes between
different types, sizes, and weights of automobiles with a
gross vehicle weight of 10,000 pounds or less in order to
decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
[[Page S8144]]
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
______
SA 1796. Mr. HARKIN (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of section 610, insert the following:
(c) Commodity Exchange Act.--Nothing in this Act affects
the jurisdiction of the Commodity Futures Trading Commission
with respect to transactions or conduct subject to the
Commodity Exchange Act (7 U.S.C. 1 et seq.).
______
SA 1797. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 141, after line 23, add the following:
SEC. 255. SMART GRID SYSTEM REPORT.
(a) In General.--The Secretary, acting through the Director
of the Office of Electricity Delivery and Energy Reliability
(referred to in this section as the ``Secretary''), shall,
after consulting with any interested individual or entity as
appropriate, no later than one year after enactment, report
to Congress concerning the status of smart grid deployments
nationwide and any regulatory or government barriers to
continued deployment.
SEC. 256. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) Power Grid Digital Information Technology.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and other appropriate agencies, electric
utilities, the States, and other stakeholders, shall carry
out a program--
(1) to develop advanced techniques for measuring peak load
reductions and energy-efficiency savings from smart metering,
demand response, distributed generation, and electricity
storage systems;
(2) to investigate means for demand response, distributed
generation, and storage to provide ancillary services;
(3) to conduct research to advance the use of wide-area
measurement and control networks, including data mining,
visualization, advanced computing, and secure and dependable
communications in a highly-distributed environment;
(4) to test new reliability technologies in a grid control
room environment against a representative set of local outage
and wide area blackout scenarios;
(5) to investigate the feasibility of a transition to time-
of-use and real-time electricity pricing that directly
reflects marginal generation costs;
(6) to develop algorithms for use in electric transmission
system software applications;
(7) to promote the use of underutilized electricity
generation capacity in any substitution of electricity for
liquid fuels in the transportation system of the United
States; and
(8) in consultation with the Federal Energy Regulatory
Commission, to propose interconnection protocols to enable
electric utilities to access electricity stored in vehicles
to help meet peak demand loads.
(b) Smart Grid Regional Demonstration Initiative.--
(1) In general.--The Secretary shall establish a smart grid
regional demonstration initiative (referred to in this
subsection as the ``Initiative'') composed of demonstration
projects specifically focused on advanced technologies for
use in power grid sensing, communications, analysis, and
power flow control. The Secretary shall seek to leverage
existing smart grid deployments.
(2) Goals.--The goals of the Initiative shall be--
(A) to demonstrate the potential benefits of concentrated
investments in advanced grid technologies on a regional grid;
(B) to facilitate the commercial transition from the
current power transmission and distribution system
technologies to advanced technologies;
(C) to facilitate the integration of advanced technologies
in existing electric networks to improve system performance,
power flow control, and reliability;
(D) to demonstrate protocols and standards that allow for
the measurement and validation of the energy savings and
greenhouse gas emission reductions associated with the
installation and use of energy efficiency and demand response
technologies and practices; and
(E) to investigate differences in each region and
regulatory environment regarding best practices in
implementing smart grid technologies.
(3) Demonstration projects.--
(A) In general.--In carrying out the Initiative, the
Secretary shall carry out smart grid demonstration projects
in up to 5 electricity control areas, including rural areas
and at least 1 area in which the majority of generation and
transmission assets are controlled by a tax-exempt entity.
(B) Cooperation.--A demonstration project under
subparagraph (A) shall be carried out in cooperation with the
electric utility that owns the grid facilities in the
electricity control area in which the demonstration project
is carried out.
(C) Federal share of cost of technology investments.--The
Secretary shall provide
[[Page S8145]]
to an electric utility described in subparagraph (B)
financial assistance for use in paying an amount equal to not
more than 50 percent of the cost of qualifying advanced grid
technology investments made by the electric utility to carry
out a demonstration project.
(4) Authorization of appropriations.--There are authorized
to be appropriated--
(A) to carry out subsection (a), such sums as are necessary
for each of fiscal years 2008 through 2012; and
(B) to carry out subsection (b), $100,000,000 for each of
fiscal years 2008 through 2012.
SEC. 257. SMART GRID INTEROPERABILITY FRAMEWORK.
(a) Interoperability Framework.--The Federal Energy
Regulatory Commission (referred to in this section as the
``Commission''), in cooperation with other relevant federal
agencies, shall coordinate with smart grid stakeholders to
develop protocols for the establishment of a flexible
framework for the connection of smart grid devices and
systems that would align policy, business, and technology
approaches in a manner that would enable all electric
resources, including demand-side resources, to contribute to
an efficient, reliable electricity network.
(c) Scope of Framework.--The framework developed under
subsection (b) shall be designed--
(1) to accommodate traditional, centralized generation and
transmission resources and consumer distributed resources,
including distributed generation, renewable generation,
energy storage, energy efficiency, and demand response and
enabling devices and systems;
(2) to be flexible to incorporate--
(A) regional and organizational differences; and
(B) technological innovations; and
(3) to include voluntary uniform standards for certain
classes of mass-produced electric appliances and equipment
for homes and businesses that enable customers, at their
election and consistent with applicable state and federal
laws, are manufactured with the ability to respond to
electric grid emergencies and demand response signals by
curtailing all, or a portion of, the electrical power
consumed by the appliances or equipment in response to an
emergency or demand response signal, including through--
(A) load reduction. to reduce total electrical demand;
(B) adjustment of load to provide grid ancillary services;
and
(C) in the event of a reliability crisis that threatens an
outage, short-term load shedding to help preserve the
stability of the grid.
(4) Such voluntary standards should incorporate appropriate
manufacturer lead time.
SEC. 258. STATE CONSIDERATION OF SMART GRID.
Section 111(d) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(16) Consideration of smart grid investments.--Each State
shall consider requiring that, prior to undertaking
investments in nonadvanced grid technologies, an electric
utility of the State demonstrate to the State that the
electric utility considered an investment in a qualified
smart grid system based on appropriate factors, including--
``(i) cost-effectiveness;
``(ii) improved reliability;
``(iii) security; and
``(iv) system performance.
``(v) societal benefit
``(B) Rate recovery.--Each State shall consider authorizing
each electric utility of the State to recover from ratepayers
any capital, operating expenditure, or other costs of the
electric utility relating to the deployment of a qualified
smart grid system, including a reasonable rate of return on
the capital expenditures of the electric utility for the
deployment of the qualified smart grid system.
``(C) Obsolete equipment.--Each State shall consider
authorizing any electric utility or other party of the State
to deploy a qualified smart grid system to recover in a
timely manner the remaining book-value costs of any equipment
rendered obsolete by the deployment of the qualified smart
grid system, based on the remaining depreciable life of the
obsolete equipment.
``(17) Smart grid consumer information.--
``(A) In general.--Each State may provide to each
electricity consumer located in the State direct access, in
written and electronic machine-readable form, information
describing--
``(i) the time-based use, price, and source of the
electricity delivered to the consumer; and
``(ii) any available optional electricity supplies
(including the price and quantity of the optional electricity
supplies).
______
SA 1798. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 79, strike line 8 and all that follows
through page 80, line 4, and insert the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation standard'
means 1 or more performance standards that--
``(i) for covered products (excluding clothes washers,
dishwashers, showerheads, faucets, water closets, and
urinals), prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323;
``(ii) for showerheads, faucets, water closets, and
urinals, prescribe a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
test procedures prescribed under section 323; and
``(iii) for clothes washers and dishwashers--
``(I) prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323; and
``(II) may include a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
those test procedures.
``(B) Inclusions.--The term `energy conservation standard'
includes--
``(i) 1 or more design requirements, if the requirements
were established--
``(I) on or before the date of enactment of this subclause;
or
``(II) as part of a consensus agreement under section
325(hh); and
``(ii) any other requirements that the Secretary may
prescribe under section 325(r).
``(C) Exclusion.--The term `energy conservation standard'
does not include a performance standard for a component of a
finished covered product, unless regulation of the component
is authorized or established pursuant to this title.''.
Beginning on page 87, strike line 16 and all that follows
through page 90, line 25, and insert the following:
SEC. 224. EXPEDITED RULEMAKINGS.
(a) Procedure for Prescribing New or Amended Standards.--
Section 325(p) of the Energy Policy and Conservation Act (42
U.S.C. 6295(p)) is amended by adding at the end the
following:
``(5) Direct final rules.--
``(A) In general.--On receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered products, States,
and efficiency advocates), as determined by the Secretary,
and contains recommendations with respect to an energy or
water conservation standard--
``(i) if the Secretary determines that the recommended
standard contained in the statement is in accordance with
subsection (o) or section 342(a)(6)(B), as applicable, the
Secretary may issue a final rule that establishes an energy
or water conservation standard and is published
simultaneously with a notice of proposed rulemaking that
proposes a new or amended energy or water conservation
standard that is identical to the standard established in the
final rule to establish the recommended standard (referred to
in this paragraph as a `direct final rule'); or
``(ii) if the Secretary determines that a direct final rule
cannot be issued based on the statement, the Secretary shall
publish a notice of the determination, together with an
explanation of the reasons for the determination.
``(B) Public comment.--The Secretary shall--
``(i) solicit public comment with respect to each direct
final rule issued by the Secretary under subparagraph (A)(i);
and
``(ii) publish a response to each comment so received.
``(C) Withdrawal of direct final rules.--
``(i) In general.--Not later than 120 days after the date
on which a direct final rule issued under subparagraph (A)(i)
is published in the Federal Register, the Secretary shall
withdraw the direct final rule if--
``(I) the Secretary receives 1 or more adverse public
comments relating to the direct final rule under subparagraph
(B)(i); and
``(II) based on the complete rulemaking record relating to
the direct final rule, the Secretary tentatively determines
that the adverse public comments are relevant under
subsection (o), section 342(a)(6)(B), or any other applicable
law.
``(ii) Action on withdrawal.--On withdrawal of a direct
final rule under clause (i), the Secretary shall--
``(I) proceed with the notice of proposed rulemaking
published simultaneously with the direct final rule as
described in subparagraph (A)(i); and
``(II) publish in the Federal Register the reasons why the
direct final rule was withdrawn.
``(iii) Treatment of withdrawn direct final rules.--A
direct final rule that is withdrawn under clause (i) shall
not be considered to be a final rule for purposes of
subsection (o).
``(D) Effect of paragraph.--Nothing in this paragraph
authorizes the Secretary to issue a direct final rule based
solely on receipt of more than 1 statement containing
recommended standards relating to the direct final rule.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
in
[[Page S8146]]
the first sentence by inserting ``section 325(p)(5),'' after
``The provisions of''.
Beginning on page 91, strike line 20 and all that follows
through page 95, line 25, and insert the following:
(b) Energy Conservation Standards.--Section 325(m) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(m)) is
amended--
(1) by designating the first and second sentences as
paragraphs (1) and (4), respectively;
(2) by striking paragraph (1) (as so designated) and
inserting the following:
``(1) In general.--After issuance of the last final rules
required for a product under this part, the Secretary shall,
not later than 5 years after the date of issuance of a final
rule establishing or amending a standard or determining not
to amend a standard, publish a final rule to determine
whether standards for the product should or should not be
amended based on the criteria in subsection (n)(2).
``(2) Analysis.--Prior to publication of the determination,
the Secretary shall publish a notice of availability
describing the analysis of the Department and provide
opportunity for written comment.
``(3) Final rule.--Not later than 3 years after a positive
determination under paragraph (1), the Secretary shall
publish a final rule amending the standard for the
product.''; and
(3) in paragraph (4) (as so designated), by striking ``(4)
An'' and inserting the following:
``(4) Application of amendment.--An''.
(c) Standards.--Section 342(a)(6) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)(6)) is amended by
striking ``(6)(A)(i)'' and all that follows through the end
of subparagraph (A) and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) In general.--
``(i) Analysis of potential energy savings.--If ASHRAE/IES
Standard 90.1 is amended with respect to any small commercial
package air conditioning and heating equipment, large
commercial package air conditioning and heating equipment,
very large commercial package air conditioning and heating
equipment, packaged terminal air conditioners, packaged
terminal heat pumps, warm-air furnaces, packaged boilers,
storage water heaters, instantaneous water heaters, or
unfired hot water storage tanks, not later than 180 days
after the amendment of the standard, the Secretary shall
publish in the Federal Register for public comment an
analysis of the energy savings potential of amended energy
efficiency standards.
``(ii) Amended uniform national standard for products.--
``(I) In general.--Except as provided in subclause (II),
not later than 18 months after the date of publication of the
amendment to the ASHRAE/IES Standard 90.1 for a product
described in clause (i), the Secretary shall establish an
amended uniform national standard for the product at the
minimum level specified in the amended ASHRAE/IES Standard
90.1.
``(II) More stringent standard.--Subclause (I) shall not
apply if the Secretary determines, by rule published in the
Federal Register, and supported by clear and convincing
evidence, that adoption of a uniform national standard more
stringent than the amended ASHRAE/IES Standard 90.1 for the
product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
``(iii) Rule.--If the Secretary makes a determination
described in clause (ii)(II) for a product described in
clause (i), not later than 30 months after the date of
publication of the amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the rule
establishing the amended standard.''.
Beginning on page 96, strike line 22 and all that follows
through page 98, line 13, and insert the following:
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC
PRODUCTS.
(a) In General.--Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(H) Labeling requirements.--
``(i) In general.--Subject to clauses (ii) through (iv),
not later than 18 months after the date of issuance of
applicable Department of Energy testing procedures, the
Commission, in consultation with the Secretary and the
Administrator of the Environmental Protection Agency (acting
through the Energy Star program), shall, by regulation,
promulgate labeling or other disclosure requirements for the
energy use of--
``(I) televisions;
``(II) personal computers;
``(III) cable or satellite set-top boxes;
``(IV) stand-alone digital video recorder boxes; and
``(V) personal computer monitors.
``(ii) Alternate testing procedures.--In the absence of
applicable testing procedures described in clause (i) for
products described in subclauses (I) through (V) of that
clause, the Commission may by regulation promulgate labeling
requirements for a consumer product category described in
clause (i) if the Commission--
``(I) identifies adequate non-Department of Energy testing
procedures for those products; and
``(II) determines that labeling of those products is likely
to assist consumers in making purchasing decisions.
``(iii) Deadline and requirements for labeling.--
``(I) Deadline.--Not later than 18 months after the date of
promulgation of any requirements under clause (i) or (ii),
the Commission shall require labeling of electronic products
described in clause (i).
``(II) Requirements.--The requirements promulgated under
clause (i) or (ii) may include specific requirements for each
electronic product to be labeled with respect to the
placement, size, and content of Energy Guide labels.
``(iv) Determination of feasibility.--Clause (i) or (ii)
shall not apply in any case in which the Commission
determines that labeling in accordance with this subsection--
``(I) is not technologically or economically feasible; or
``(II) is not likely to assist consumers in making
purchasing decisions.''; and
(2) by adding at the end the following:
``(6) Authority to include additional product categories.--
The Commission may require labeling in accordance with this
subsection for any consumer product not specified in this
subsection or section 322 if the Commission determines that
labeling for the product is likely to assist consumers in
making purchasing decisions.''.
(b) Content of Label.--Section 324(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6924(c)) is amended by adding
at the end the following:
``(9) Discretionary application.--The Commission may apply
paragraphs (1), (2), (3), (5), and (6) of this subsection to
the labeling of any product covered by paragraph (2)(H) or
(6) of subsection (a).''.
On page 157, line 5, strike ``and if'' and insert the
following: ``the Secretary of Housing and Urban Development
or the Secretary of Agriculture make a determination that the
revised codes do not negatively affect the availability or
affordability of new construction of assisted housing and
single family and multifamily residential housing (other than
manufactured homes) subject to mortgages insured under the
National Housing Act (12 U.S.C. 1701 et seq.) or insured,
guaranteed, or made by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.),
respectively, and''.
On page 106, line 23, strike ``2012'' and insert ``2015''.
On page 106, line 24, strike ``2012'' and insert ``2015''.
On page 107, line 3, strike ``2012'' and insert ``2015''.
On page 147, line 20, strike ``from a public utility
service''.
On page 166, line 15, insert ``, Indian tribal,'' after
``State''.
On page 166, line 18, insert ``of Indian tribes or'' after
``activities''.
On page 166, line 21, insert ``, Indian tribes,'' after
``States''.
On page 167, line 12, insert ``, indian tribes,'' after
``States''.
On page 167, line 17, strike ``70'' and insert ``68''.
On page 167, line 18, strike ``and''.
On page 167, line 19, strike ``30'' and insert ``28''.
On page 167, line 19, strike the period and insert ``;
and''.
On page 167, between lines 19 and 20, insert the following:
``(iii) 4 percent to Indian tribes.
On page 169, between lines 11 and 12, insert the following:
``(D) Distribution to indian tribes.--
``(i) In general.--The Secretary shall establish a formula
for the distribution of amounts under subparagraph (A)(iii)
to eligible Indian tribes, taking into account any factors
that the Secretary determines to be appropriate, including
the residential and daytime population of the eligible Indian
tribes.
``(ii) Criteria.--Amounts shall be distributed to eligible
Indian tribes under clause (i) only if the eligible Indian
tribes meet the criteria for distribution established by the
Secretary for Indian tribes.
On page 170, line 1, strike ``(B)(ii) or (C)(ii)'' and
insert ``(B)(ii), (C)(ii), or (D)(ii)''.
On page 170, lines 10 and 11, strike ``(B)(ii) or (C)(ii)''
and insert ``(B)(ii), (C)(ii), or (D)(ii)''.
On page 171, line 7, insert ``tribal,'' after ``State,''.
On page 171, line 20, insert ``, Indian tribes,'' after
``States''.
On page 171, line 24, insert ``Indian tribe,'' after
``State,''.
______
SA 1799. Mrs. BOXER (for herself, Mr. Alexander, Mr. Warner, Mr.
Lieberman, Mrs. Feinstein, and Mr. McConnell) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 192, after line 21, add the following:
[[Page S8147]]
SEC. 305. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS
DEMONSTRATION PROGRAM.
The first section of the Act of March 4, 1911 (2 U.S.C.
2162; 36 Stat. 1414, chapter 285), is amended in the seventh
undesignated paragraph (relating to the Capitol power plant),
under the heading ``Public buildings'', under the heading
``Under the Department of the Interior''--
(1) by striking ``ninety thousand dollars:'' and inserting
``$90,000.''; and
(2) by striking ``Provided, That hereafter the'' and all
that follows through the end of the proviso and inserting the
following:
``(a) Designation.--The heating, lighting, and power plant
constructed under the terms of the Act approved April 28,
1904 (33 Stat. 479, chapter 1762), shall be known as the
`Capitol power plant', and all vacancies occurring in the
force operating that plant and the substations in connection
with the plant shall be filled by the Architect of the
Capitol, with the approval of the commission in control of
the House Office Building appointed under the first section
of the Act of March 4, 1907 (2 U.S.C. 2001).
``(b) Capitol Power Plant Carbon Dioxide Emissions
Demonstration Program.--
``(1) Definitions.--In this subsection:
``(A) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(B) Carbon dioxide energy efficiency.--The term `carbon
dioxide energy efficiency', with respect to a project, means
the quantity of electricity used to power equipment for
carbon dioxide capture and storage or use.
``(C) Program.--The term `program' means the competitive
grant demonstration program established under paragraph
(2)(B).
``(2) Establishment of program.--
``(A) Feasibility study.--Not later than 180 days after the
date of enactment of this section, the Architect of the
Capitol, in cooperation with the Administrator, shall
complete a feasibility study evaluating the available methods
to proceed with the project and program established under
this section, taking into consideration--
``(i) the availability of carbon capture technologies;
``(ii) energy conservation and carbon reduction strategies;
and
``(iii) security of operations at the Capitol power plant.
``(B) Competitive grant program.--The Architect of the
Capitol, in cooperation with the Administrator, shall
establish a competitive grant demonstration program under
which the Architect of the Capitol shall, subject to the
availability of appropriations, provide to eligible entities,
as determined by the Architect of the Capitol, in cooperation
with the Administrator, grants to carry out projects to
demonstrate, during the 2-year period beginning on the date
of enactment of this subsection, the capture and storage or
use of carbon dioxide emitted from the Capitol power plant as
a result of burning coal.
``(3) Requirements.--
``(A) Provision of grants.--
``(i) In general.--The Architect of the Capitol, in
cooperation with the Administrator, shall provide the grants
under the program on a competitive basis.
``(ii) Factors for consideration.--In providing grants
under the program, the Architect of the Capitol, in
cooperation with the Administrator, shall take into
consideration--
``(I) the practicability of conversion by the proposed
project of carbon dioxide into useful products, such as
transportation fuel;
``(II) the carbon dioxide energy efficiency of the proposed
project; and
``(III) whether the proposed project is able to reduce more
than 1 air pollutant regulated under this Act.
``(B) Requirements for entities.--An entity that receives a
grant under the program shall--
``(i) use to carry out the project of the entity a
technology designed to reduce or eliminate emission of carbon
dioxide that is in existence on the date of enactment of this
subsection that has been used--
``(I) by not less than 3 other facilities (including a
coal-fired power plant); and
``(II) on a scale of not less than 5 times the size of the
proposed project of the entity at the Capitol power plant;
and
``(ii) carry out the project of the entity in consultation
with, and with the concurrence of, the Architect of the
Capitol and the Administrator.
``(C) Consistency with capitol power plant modifications.--
The Architect of the Capitol may require changes to a project
under the program that are necessary to carry out any
modifications to be made to the Capitol power plant.
``(4) Incentive.--In addition to the grant under this
subsection, the Architect of the Capitol may provide to an
entity that receives such a grant an incentive award in an
amount equal to not more than $50,000, of which--
``(A) $15,000 shall be provided after the project of the
entity has sustained operation for a period of 100 days, as
determined by the Architect of the Capitol;
``(B) $15,000 shall be provided after the project of the
entity has sustained operation for a period of 200 days, as
determined by the Architect of the Capitol; and
``(C) $20,000 shall be provided after the project of the
entity has sustained operation for a period of 300 days, as
determined by the Architect of the Capitol.
``(5) Termination.--The program shall terminate on the date
that is 2 years after the date of enactment of this
subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $3,000,000.''.
______
SA 1800. Mr. KYL proposed an amendment to amendment SA 1704 proposed
by Mr. Baucus (himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr.
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe), to the amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 69, lines 17 to 20, strike ``to so much of the
renewable diesel produced at such facility and sold or used
during the taxable year in a qualified biodiesel mixture as
exceeds 60,000,000 gallons''.
______
SA 1801. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
Strike subtitle B of title VIII.
______
SA 1802. Mr. DORGAN (for himself and Mr. Graham) submitted an
amendment intended to be proposed to amendment SA 1704 proposed by Mr.
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr.
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. ___. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL
COSTS.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
foreign tax credit, etc.) is amended by adding at the end the
following new section:
``SEC. 30D. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL
COSTS.
``(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--
``(1) the hydrogen installation and infrastructure costs
credit determined under subsection (b), and
``(2) the hydrogen fuel costs credit determined under
subsection (c).
``(b) Hydrogen Installation and Infrastructure Costs
Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen installation and infrastructure costs credit
determined under this subsection with respect to each
eligible hydrogen production and distribution facility of the
taxpayer is an amount equal to--
``(A) 50 percent of so much of the installation costs which
when added to such costs taken into account with respect to
such facility for all preceding taxable years under this
subparagraph does not exceed $200,000, plus
``(B) 30 percent of so much of the infrastructure costs for
the taxable year as does not exceed $200,000 with respect to
such facility, and which when added to such costs taken into
account with respect to such facility for all preceding
taxable years under this subparagraph does not exceed
$600,000.
Nothing in this section shall permit the same cost to be
taken into account more than once.
``(2) Eligible hydrogen production and distribution
facility.--For purposes of this subsection, the term
`eligible hydrogen production and distribution facility'
means a hydrogen production and distribution facility which
has received from the Secretary an allocation from the
national hydrogen installation, infrastructure, and fuel
credit limitation.
[[Page S8148]]
``(c) Hydrogen Fuel Costs Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen fuel costs credit determined under this subsection
with respect to each eligible hydrogen device of the taxpayer
is an amount equal to the qualified hydrogen expenditure
amounts with respect to such device.
``(2) Qualified hydrogen expenditure amount.--For purposes
of this subsection--
``(A) In general.--The term `qualified hydrogen expenditure
amount' means, with respect to each eligible hydrogen energy
conversion device of the taxpayer with a production capacity
of not more than 25 kilowatts of electricity per year, the
lesser of--
``(i) 30 percent of the amount paid or incurred by the
taxpayer during the taxable year for hydrogen which is
consumed by such device, and
``(ii) $2,000.
In the case of any device which is not owned by the taxpayer
at all times during the taxable year, the $2,000 amount in
subparagraph (B) shall be reduced by an amount which bears
the same ratio to $2,000 as the portion of the year which
such device is not owned by the taxpayer bears to the entire
year.
``(B) Higher limitation for devices with more production
capacity.--In the case of any eligible hydrogen energy
conversion device with a production capacity of--
``(i) more than 25 but less than 100 kilowatts of
electricity per year, subparagraph (A) shall be applied by
substituting `$4,000' for `$2,000' each place it appears, and
``(ii) not less than 100 kilowatts of electricity per year,
subparagraph (A) shall be applied by substituting `$6,000'
for `$2,000' each place it appears.
``(3) Eligible hydrogen energy conversion devices.--For
purposes of this subsection--
``(A) In general.--The term `eligible hydrogen energy
conversion device' means, with respect to any taxpayer, any
hydrogen energy conversion device which--
``(i) is placed in service after December 31, 2004,
``(ii) is wholly owned by the taxpayer during the taxable
year, and
``(iii) has received from the Secretary an allocation from
the national hydrogen installation, infrastructure, and fuel
credit limitation.
If an owner of a device (determined without regard to this
subparagraph) provides to the primary user of such device a
written statement that such user shall be treated as the
owner of such device for purposes of this section, then such
user (and not such owner) shall be so treated.
``(B) Hydrogen energy conversion device.--The term
`hydrogen energy conversion device' means--
``(i) any electrochemical device which converts hydrogen
into electricity, and
``(ii) any combustion engine which burns hydrogen as a
fuel.
``(d) National Hydrogen Installation, Infrastructure, and
Fuel Credit Limitation.--
``(1) In general.--There is a national hydrogen
installation, infrastructure, and fuel credit limitation for
each fiscal year. Such limitation is $15,000,000 for fiscal
year 2008, $30,000,000 for fiscal year 2009, and $40,000,000
for fiscal year 2010.
``(2) Allocation.--Not later than 90 days after the date of
the enactment of this section, the Secretary, in consultation
with the Secretary of Energy, shall establish a hydrogen
installation, infrastructure, and fuel credit allocation
program.
``(e) Reduction in Basis.--For purposes of this subtitle,
if a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this paragraph) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(f) Application With Other Credits.--
``(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 amounts
which (but for subsection (g) would be allowed as a deduction
under section 162 shall be treated as a credit listed in
section 38(b) for such taxable year (and not allowed under
subsection (a)).
``(2) Personal credit.--The credit allowed under subsection
(a) (after the application of paragraph (1)) for any taxable
year shall not exceed the excess (if any) of--
``(A) the regular tax liability (as defined in section
26(b)) reduced by the sum of the credits allowable under
subpart A and sections 27, 30, 30B, and 30C, over
``(B) the tentative minimum tax for the taxable year.
``(g) Denial of Double Benefit.--The amount of any
deduction or other credit allowable under this chapter for
any cost taken into account in determining the amount of the
credit under subsection (a) shall be reduced by the amount of
such credit attributable to such cost.
``(h) Recapture.--The Secretary shall, by regulations,
provided 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.
``(i) Election Not to Take Credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(j) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``plus'', and by
adding at the end the following new paragraph:
``(32) the portion of the hydrogen installation,
infrastructure, and fuel credit to which section 30D(f)(1)
applies.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(f)(2),'' after ``30C(d)(2),''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period
at the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30D(e).''.
(4) Section 6501(m) of such Code is amended by inserting
``30D(i),'' after ``30C(e)(5),''.
(5) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30C the
following new item:
``Sec. 30D. Hydrogen installation, infrastructure, and fuel costs.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2007, in taxable years ending after such date.
______
SA 1803. Mr. LEVIN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed to amendment SA 1704 proposed by Mr.
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr.
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. ___. ADVANCED TECHNOLOGY MOTOR VEHICLE COMPONENT
MANUFACTURING CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 (relating to foreign tax credit, etc.) of the
Internal Revenue Code of 1986, as amended by this Act, is
amended by adding at the end the following new section:
``SEC. 30E. ADVANCED TECHNOLOGY MOTOR VEHICLE COMPONENT
MANUFACTURING CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to 35 percent of the qualified investment of
an eligible taxpayer for such taxable year.
``(b) Qualified Investment.--For purposes of this section--
``(1) In general.--The qualified investment for any taxable
year is equal to the incremental costs incurred during such
taxable year--
``(A) to re-equip, expand, or establish any manufacturing
facility in the United States of the eligible taxpayer to
produce eligible advanced technology motor vehicle
components,
``(B) for engineering integration performed in the United
States of such components as described in subsection (d),
``(C) for research and development performed in the United
States related to such components, and
``(D) for employee retraining with respect to the
manufacturing of such components (determined without regard
to wages or salaries of such retrained employees).
``(2) Attribution rules.--In the event a facility of the
eligible taxpayer produces both eligible advanced technology
motor vehicle components and non-eligible advanced technology
motor vehicle components, only the qualified investment
attributable to production of eligible advanced technology
motor vehicle components shall be taken into account.
``(c) Definitions.--In this section:
``(1) Eligible advanced technology motor vehicle
component.--
``(A) In general.--The term `eligible advanced technology
motor vehicle component' means any component inherent to any
advanced technology motor vehicle, including--
``(i) with respect to any gasoline or diesel-electric new
qualified hybrid motor vehicle--
``(I) electric motor or generator;
``(II) power split device;
``(III) power control unit;
``(IV) power controls;
``(V) integrated starter generator; or
``(VI) battery;
``(ii) with respect to any hydraulic new qualified hybrid
motor vehicle--
``(I) accumulator or other energy storage device;
``(II) hydraulic pump;
``(III) hydraulic pump-motor assembly;
``(IV) power control unit; and
``(V) power controls;
[[Page S8149]]
``(iii) with respect to any new advanced lean burn
technology motor vehicle--
``(I) diesel engine;
``(II) turbo charger;
``(III) fuel injection system; or
``(IV) after-treatment system, such as a particle filter or
NOx absorber; and
``(iv) with respect to any advanced technology motor
vehicle, any other component submitted for approval by the
Secretary.
``(B) Advanced technology motor vehicle.--The term
`advanced technology motor vehicle' means--
``(i) any qualified electric vehicle (as defined in section
30(c)(1)),
``(ii) any new qualified fuel cell motor vehicle (as
defined in section 30B(b)(3)),
``(iii) any new advanced lean burn technology motor vehicle
(as defined in section 30B(c)(3)),
``(iv) any new qualified hybrid motor vehicle (as defined
in section 30B(d)(2)(A) and determined without regard to any
gross vehicle weight rating),
``(v) any new qualified alternative fuel motor vehicle (as
defined in section 30B(e)(4), including any mixed-fuel
vehicle (as defined in section 30B(e)(5)(B)), and
``(vi) any other motor vehicle using electric drive
transportation technology (as defined in paragraph (3)).
``(C) Electric drive transportation technology.--The term
`electric drive transportation technology' means technology
used by vehicles that use an electric motor for all or part
of their motive power and that may or may not use off-board
electricity, such as battery electric vehicles, fuel cell
vehicles, engine dominant hybrid electric vehicles, plug-in
hybrid electric vehicles, and plug-in hybrid fuel cell
vehicles.
``(2) Eligible taxpayer.--The term `eligible taxpayer'
means any taxpayer if more than 20 percent of the taxpayer's
gross receipts for the taxable year is derived from the
manufacture of automotive components.
``(d) Engineering Integration Costs.--For purposes of
subsection (b)(1)(B), costs for engineering integration are
costs incurred prior to the market introduction of advanced
technology vehicles for engineering tasks related to--
``(1) establishing functional, structural, and performance
requirements for component and subsystems to meet overall
vehicle objectives for a specific application,
``(2) designing interfaces for components and subsystems
with mating systems within a specific vehicle application,
``(3) designing cost effective, efficient, and reliable
manufacturing processes to produce components and subsystems
for a specific vehicle application, and
``(4) validating functionality and performance of
components and subsystems for a specific vehicle application.
``(e) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for the taxable year shall not
exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) for such taxable year plus the tax imposed by
section 55 for such taxable year, over
``(2) the sum of the credits allowable under subpart A and
sections 27, 30, and 30B for the taxable year.
``(f) Reduction in Basis.--For purposes of this subtitle,
if a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this paragraph) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(g) No Double Benefit.--
``(1) Coordination with other deductions and credits.--
Except as provided in paragraph (2), the amount of any
deduction or other credit allowable under this chapter for
any cost taken into account in determining the amount of the
credit under subsection (a) shall be reduced by the amount of
such credit attributable to such cost.
``(2) Research and development costs.--
``(A) In general.--Except as provided in subparagraph (B),
any amount described in subsection (b)(1)(C) taken into
account in determining the amount of the credit under
subsection (a) for any taxable year shall not be taken into
account for purposes of determining the credit under section
41 for such taxable year.
``(B) Costs taken into account in determining base period
research expenses.--Any amounts described in subsection
(b)(1)(C) taken into account in determining the amount of the
credit under subsection (a) for any taxable year which are
qualified research expenses (within the meaning of section
41(b)) shall be taken into account in determining base period
research expenses for purposes of applying section 41 to
subsequent taxable years.
``(h) Business Carryovers Allowed.--If the credit allowable
under subsection (a) for a taxable year exceeds the
limitation under subsection (e) for such taxable year, such
excess (to the extent of the credit allowable with respect to
property subject to the allowance for depreciation) shall be
allowed--
``(1) as a credit carryback to the taxable year preceding
the unused credit year, and
``(2) as a carryforward to each of the 20 taxable years
immediately following the unused credit year.
For purposes of this subsection, rules similar to the rules
of section 39 shall apply.
``(i) Special Rules.--For purposes of this section, rules
similar to the rules of section 179A(e)(4) and paragraphs (1)
and (2) of section 41(f) shall apply
``(j) Election Not to Take Credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(k) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(l) Termination.--This section shall not apply to any
qualified investment after December 31, 2012.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of such Code, as amended by this Act,
is amended by striking ``and'' at the end of paragraph (36),
by striking the period at the end of paragraph (37) and
inserting ``, and'', and by adding at the end the following
new paragraph:
``(38) to the extent provided in section 30E(f).''.
(2) Section 6501(m) of such Code is amended by inserting
``30E(j),'' after ``30D(e)(9),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by inserting after the item relating to section 30D the
following new item:
``Sec. 30E. Advanced technology motor vehicles manufacturing credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts incurred in taxable years beginning
after the date of the enactment of this Act.
______
SA 1804. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. MODIFICATION TO CREDIT FOR NEW ADVANCED LEAN BURN
TECHNOLOGY MOTOR VEHICLES.
(a) Special Rule for Model Year 2009 Advanced Lean Burn
Technology Motor Vehicles.--Section 30B(c) is amended by
adding at the end the following new paragraph:
``(5) Special rule for 2009 model year vehicles.--In the
case of any motor vehicle which is manufactured in model year
2009--
``(A) paragraph (3)(A)(iv)(I) shall be applied by
substituting `the Bin 8 Tier II emission standard' for `the
Bin 5 Tier II emission standard', and
``(B) in applying this subsection to any motor vehicle
which is a new advanced lean burn technology motor vehicle by
reason of subparagraph (A), the amount of the credit allowed
under this subsection shall be an amount equal to 75 percent
of the amount which would be otherwise so allowed, determined
without regard to this subparagraph.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. ___. INCREASE IN INFORMATION RETURN PENALTIES.
(a) Failure to File Correct Information Returns.--
(1) In general.--Section 6721(a)(1) is amended--
(A) by striking ``$50'' and inserting ``$250'', and
(B) by striking ``$250,000'' and inserting ``$3,000,000''.
(2) Reduction where correction in specified period.--
(A) Correction within 30 days.--Section 6721(b)(1) is
amended--
(i) by striking ``$15'' and inserting ``$50'',
(ii) by striking ``$50'' and inserting ``$250'', and
(iii) by striking ``$75,000'' and inserting ``$500,000''.
(B) Failures corrected on or before august 1.--Section
6721(b)(2) is amended--
(i) by striking ``$30'' and inserting ``$100'',
(ii) by striking ``$50'' and inserting ``$250'', and
(iii) by striking ``$150,000'' and inserting
``$1,500,000''.
(3) Lower limitation for persons with gross receipts of not
more than $5,000,000.--Section 6721(d)(1) is amended--
(A) in subparagraph (A)--
(i) by striking ``$100,000'' and inserting ``$1,000,000'',
and
(ii) by striking ``$250,000'' and inserting ``$3,000,000'',
(B) in subparagraph (B)--
(i) by striking ``$25,000'' and inserting ``$175,000'', and
(ii) by striking ``$75,000'' and inserting ``$500,000'',
and
(C) in subparagraph (C)--
(i) by striking ``$50,000'' and inserting ``$500,000'', and
(ii) by striking ``$150,000'' and inserting ``$1,500,000''.
(4) Penalty in case of intentional disregard.--Section
6721(e) is amended--
(A) by striking ``$100'' in paragraph (2) and inserting
``$500'',
[[Page S8150]]
(B) by striking ``$250,000'' in paragraph (3)(A) and
inserting ``$3,000,000''.
(b) Failure to Furnish Correct Payee Statements.--
(1) In general.--Section 6722(a) is amended--
(A) by striking ``$50'' and inserting ``$250'', and
(B) by striking ``$100,000'' and inserting ``$1,000,000''.
(2) Penalty in case of intentional disregard.--Section
6722(c) is amended--
(A) by striking ``$100'' in paragraph (1) and inserting
``$500'', and
(B) by striking ``$100,000'' in paragraph (2)(A) and
inserting ``$1,000,000''.
(c) Failure to Comply With Other Information Reporting
Requirements.--Section 6723 is amended--
(1) by striking ``$50'' and inserting ``$250'', and
(2) by striking ``$100,000'' and inserting ``$1,000,000''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to information returns required to
be filed on or after January 1, 2008.
______
SA 1805. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 77, between line 27 and 28, insert the following:
``(D) knowingly violates for a period of 90 days or more
the terms or conditions of the alien's admission or parole
into the United States.''
______
SA 1806. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
Strike Section 606 and replace with,
SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER
The Secretary of Homeland Security, in coordination with
the Comissioner of the Social Security Administration, shall
implement a system to allow for the prompt enumeration of a
Social Security number after the Secretary of Homeland
Security has granted an alien Z nonimmigrant status.
______
SA 1807. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 303, lines 24-28, strike the following sentence:
``The requirement that the alien have a residence in a
foreign country which the alien has no intention of
abandoning shall not apply to an alien described in section
214(s) who is seeking to enter as a temporary visitor for
pleasure;''
______
SA 1808. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
Notwithstanding any other provision of this Act, a Y-1
Nonimmigrant:
(1) may be extended for an indefinite number of subsequent
two-year periods, as long as each two-year period is
separated by physical presence outside the United States for
the immediate prior 12 months,
(2) may not be accompanied by their spouse and dependents
for any of their 2 year periods of work in the United States,
and
(3) may not sponsor a family member to visit them in the
United States under the ``parent visa'' created by Section
506 of this Act.
______
SA 1809. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 15, strike line 38 and all that follows through
page 16, line 18, and insert the following:
SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.
Section 236(a) of the Immigration and Nationality Act (8
U.S.C. 1226(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking ``but'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) may not provide the alien with release on bond or
with conditional parole if the alien--
``(A) is a national of a noncontiguous country;
``(B) has not been admitted or paroled into the United
States; and
``(C) was apprehended within 100 miles of the international
border of the United States or presents a flight risk, as
determined by the Secretary of Homeland Security.''.
______
SA 1810. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
Strike section 602 and insert the following:
SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS
ALIENS.
Notwithstanding any other provision of this Act (or an
amendment made by this Act)--
(1) a Z nonimmigrant shall not be adjusted to the status of
a lawful permanent resident; and
(2) nothing in this section shall be construed to limit the
number of times that a Z nonimmigrant can renew the
nonimmigrant's status.
______
SA 1811. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the end of section 1, insert the following:
(e) Submission to Congress.--
(1) In general.--Except as provided under paragraph (2),
not later than 54 months after the date of the enactment of
this Act, the Secretary shall submit a written certification
to the President and Congress that--
(A) the border security and other measures described in
subsection (a) are funded, in place, and in operation; and
(B) there are fewer than 1,000,000 individuals who are
unlawfully present in the United States.
(2) Effect of lack of certification.--If the border
security and other measures described in subsection (a) are
not funded, are not in place, are not in operation, or if
more than 1,000,000 individuals are unlawfully present in the
United States on the date that is 54 months after the date of
the enactment of this Act, title VI shall be immediately
repealed and the legal status and probationary benefits
granted to aliens under such title shall be terminated.
______
SA 1812. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 103, line 16, strike ``(b)'' and insert the
following:
(b) Federal Affirmation of Immigration Law Enforcement by
States and Political Subdivisions of States.--
(1) Authority.--Law enforcement personnel of a State, or a
political subdivision of a State, have the inherent authority
of a sovereign entity to investigate, apprehend, arrest,
detain, or transfer to Federal custody (including the
transportation across State lines to detention centers) an
alien for the purpose of assisting in the enforcement of the
immigration laws of the United States in the normal course of
carrying out the law enforcement duties of such personnel.
This State authority has never been displaced or preempted by
Federal law.
(2) Construction.--Nothing in this subsection may be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.
(c) Listing of Immigration Violators in the National Crime
Information Center Database.--
(1) Provision of information to the national crime
information center.--
(A) In general.--Except as provided under subparagraph (C),
not later than 180 days after the date of the enactment of
this Act, the Secretary shall provide to the head of the
National Crime Information Center of the Department of
Justice the information that the Secretary has or maintains
related to any alien--
(i) against whom a final order of removal has been issued;
(ii) who enters into a voluntary departure agreement, or is
granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(3) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c), subsection (b)(2) of such section 240B, or who has
violated a condition of a voluntary departure agreement under
such section 240B;
(iii) whom a Federal immigration officer has confirmed to
be unlawfully present in the United States; and
(iv) whose visa has been revoked.
(B) Removal of information.--The head of the National Crime
Information Center shall promptly remove any information
provided by the Secretary under subparagraph (A) related to
an alien who is lawfully admitted to enter or remain in the
United States.
(C) Procedure for removal of erroneous information.--
(i) In general.--The Secretary, in consultation with the
head of the National Crime Information Center, shall develop
and implement a procedure by which an alien may petition the
Secretary or head of the National Crime Information Center,
as appropriate, to remove any erroneous information provided
by the Secretary under subparagraph (A) related to such
alien.
(ii) Effect of failure to receive notice.--Under procedures
developed under
[[Page S8151]]
clause (i), failure by the alien to receive notice of a
violation of the immigration laws shall not constitute cause
for removing information provided by the Secretary under
subparagraph (A) related to such alien, unless such
information is erroneous.
(iii) Interim provision of information.--Notwithstanding
the 180-day period set forth in subparagraph (A), the
Secretary may not provide the information required under
subparagraph (A) until the procedures required under this
paragraph have been developed and implemented.
(2) Inclusion of information in the national crime
information center database.--Section 534(a) of title 28,
United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
(d)
______
SA 1813. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 309, strike line 15 and all that follows through
``January 1, 2007'' on page 310, line 13, and insert the
following:
``(Z) subject to title VI of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, an alien
who--
``(i) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 7, 2004, is employed, and seeks to continue
performing labor, services or education;
``(ii) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 7, 2004, and such alien--
``(I) is the spouse or parent (65 years of age or older) of
an alien described in clause (i); or
``(II) was, within 2 years of the date on which the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 was introduced in the Senate, the spouse of an alien who
was subsequently classified as a Z nonimmigrant under this
section, or is eligible for such classification, if--
``(aa) the termination of the relationship with such spouse
was connected to domestic violence; and
``(bb) the spouse has been battered or subjected to extreme
cruelty by the spouse or parent, who is a Z nonimmigrant; or
``(iii) is under 18 years of age at the time of application
for nonimmigrant status under this subparagraph, is
physically present in the United States, has maintained
continuous physical presence in the United States since
January 7, 2004, and was born to or legally adopted by at
least 1 parent who is at the time of application described in
clause (i) or (ii).''.
(c) Presence in the United States.--
(1) In general.--The alien shall establish that the alien
was not lawfully present in the United States on January 7,
2004.
______
SA 1814. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 312, lines 15 through 17, strike ``(6)(B),
(6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B),
(9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D),
(6)(G), (7),''.
______
SA 1815. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
Beginning on page 323, strike lines 4 through 34, and
insert the following:
(ii) English language and civics.--
(I) Requirement at first renewal.--At or before the time of
application for the first extension of Z nonimmigrant status,
an alien who is 18 years of age or older must demonstrate an
attempt to gain an understanding of the English language and
knowledge of United States civics by taking the
naturalization test described in paragraphs (1) and (2) of
section 312(a) of the Immigration and Nationality Act (8
U.S.C. 1423(a)) and by demonstrating enrollment in or
placement on a waiting list for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in such paragraphs (1) and
(2) of such section 312(a).
(III) Requirement at third renewal.--At or before the time
of application for the third extension of Z nonimmigrant
status, an alien who is 18 years of age or older must take
the Test of English as a Foreign Language (TOEFL)
administered by the Educational Testing Service.
(IV) Requirement at fourth renewal.--At or before the time
of application for the fourth extension of Z nonimmigrant
status, an alien who is 18 years of age or older must retake
the TOEFL and receive the lower of--
(aa) a score of not less than 70; or
(bb) a score of not less than 20 points higher than the
score the alien received when the alien took the TOEFL
pursuant to subclause (III).
(V) Exception.--The requirements of subclauses (I), (II),
(III), and (IV) shall not apply to any person who, on the
date of the filing of the person's application for an
extension of Z nonimmigrant status--
______
SA 1816. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 315, between lines 29 and 30, insert the following:
(9) Good moral character.--The alien shall establish that
the alien has been a person of good moral character, as
described in section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)), for the entire period of
the alien's unlawful presence in the United States.
______
SA 1817. Ms. STABENOW (for herself, Mr. Kerry, Mr. Schumer, Mr.
Levin, Mr. Brown, and Ms. Cantwell) submitted an amendment intended to
be proposed to amendment SA 1704 proposed by Mr. Baucus (for himself,
Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr.
Salazar, and Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid
to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TAX-EXEMPT FINANCING OF ALTERNATIVE MOTOR VEHICLE
FACILITIES.
(a) In General.--Subsection (a) of section 142 is amended--
(1) by striking ``or'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, or'', and
(3) by inserting at the end the following new paragraph:
``(16) alternative motor vehicle facility.''.
(b) Definition.--Section 142 is amended by inserting at the
end the following new subsection:
``(n) Alternative Motor Vehicle Facility.--
``(1) In general.--For purposes of subsection (a)(16), the
term `alternative motor vehicle facility' means an automobile
development and production facility which was built before
1981 and which through financing by the net proceeds of the
issue is retrofitted or reconstructed to make such facility
compatible for the development and production of qualified
alternative motor vehicles or of qualified alternative motor
vehicles and component parts for such vehicles.
``(2) Qualified alternative motor vehicles.--For purposes
of paragraph (1), the term `qualified alternative motor
vehicle' means any vehicle described in section 30B or 30D.
``(3) National limitation on amount of bonds.--
``(A) National limitation.--The aggregate amount allocated
by the Secretary under subparagraph (C) shall not exceed
$1,500,000,000, of which not more than $500,000,000 may be
allocated to any single taxpayer (determined under rules
similar to the rules in paragraphs (6), (7), and (8) of
section 179(d)).
``(B) Enforcement of national limitation.--An issue shall
not be treated as an issue described in subsection (a)(16) if
the aggregate face amount of bonds issued pursuant to such
issue for any alternative motor vehicle facility (when added
to the aggregate face amount of bonds previously so issued
for such facility) exceeds the amount allocated to such
facility under subparagraph (C).
``(C) Allocation by secretary.--The Secretary shall
allocate the amount described in subparagraph (A) among State
or local governments to finance alternative motor vehicle
facilities located within the jurisdictions of such
governments in such manner as the Secretary determines
appropriate.
``(4) Special rules relating to expenditures.--
``(A) In general.--An issue shall not be treated as an
issue described in subsection (a)(16) unless at least 95
percent of the proceeds from the sale of the issue are to be
spent for 1 or more facilities within the 5-year period
beginning on the date of issuance.
``(B) Extension of period.--Upon submission of a request
prior to the expiration of the period described in
subparagraph (A)(i), the Secretary may extend such period if
the issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
facilities will continue to proceed with due diligence.
[[Page S8152]]
``(C) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of issuance (or if an
extension has been obtained under subparagraph (B), by the
close of the extended period), the issuer shall use all
unspent proceeds of such issue to redeem bonds of the issue
within 90 days after the end of such period.
``(5) Exception for current refunding bonds.--Paragraph (3)
shall not apply to any bond (or series of bonds) issued to
refund a bond issued under subsection (a)(16) if--
``(A) the average maturity date of the issue of which the
refunding bond is a part is not later than the average
maturity date of the bonds to be refunded by such issue,
``(B) the amount of the refunding bond does not exceed the
outstanding amount of the refunded bond, and
``(C) the refunded bond is redeemed not later than 90 days
after the date of the issuance of the refunding bond.
For purposes of subparagraph (A), average maturity shall be
determined in accordance with section 147(b)(2)(A).''.
(c) Conforming Amendment.--Section 146(g)(3) is amended by
striking ``or (15)'' and inserting ``(15), or (16)''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to bonds issued after December 31,
2007, and before January 1, 2013.
SEC. ___. INCREASE IN INFORMATION RETURN PENALTIES.
(a) Failure to File Correct Information Returns.--
(1) In general.--Section 6721(a)(1) is amended--
(A) by striking ``$50'' and inserting ``$250'', and
(B) by striking ``$250,000'' and inserting ``$3,000,000''.
(2) Reduction where correction in specified period.--
(A) Correction within 30 days.--Section 6721(b)(1) is
amended--
(i) by striking ``$15'' and inserting ``$50'',
(ii) by striking ``$50'' and inserting ``$250'', and
(iii) by striking ``$75,000'' and inserting ``$500,000''.
(B) Failures corrected on or before august 1.--Section
6721(b)(2) is amended--
(i) by striking ``$30'' and inserting ``$100'',
(ii) by striking ``$50'' and inserting ``$250'', and
(iii) by striking ``$150,000'' and inserting
``$1,500,000''.
(3) Lower limitation for persons with gross receipts of not
more than $5,000,000.--Section 6721(d)(1) is amended--
(A) in subparagraph (A)--
(i) by striking ``$100,000'' and inserting ``$1,000,000'',
and
(ii) by striking ``$250,000'' and inserting ``$3,000,000'',
(B) in subparagraph (B)--
(i) by striking ``$25,000'' and inserting ``$175,000'', and
(ii) by striking ``$75,000'' and inserting ``$500,000'',
and
(C) in subparagraph (C)--
(i) by striking ``$50,000'' and inserting ``$500,000'', and
(ii) by striking ``$150,000'' and inserting ``$1,500,000''.
(4) Penalty in case of intentional disregard.--Section
6721(e) is amended--
(A) by striking ``$100'' in paragraph (2) and inserting
``$500'',
(B) by striking ``$250,000'' in paragraph (3)(A) and
inserting ``$3,000,000''.
(b) Failure to Furnish Correct Payee Statements.--
(1) In general.--Section 6722(a) is amended--
(A) by striking ``$50'' and inserting ``$250'', and
(B) by striking ``$100,000'' and inserting ``$1,000,000''.
(2) Penalty in case of intentional disregard.--Section
6722(c) is amended--
(A) by striking ``$100'' in paragraph (1) and inserting
``$500'', and
(B) by striking ``$100,000'' in paragraph (2)(A) and
inserting ``$1,000,000''.
(c) Failure to Comply With Other Information Reporting
Requirements.--Section 6723 is amended--
(1) by striking ``$50'' and inserting ``$250'', and
(2) by striking ``$100,000'' and inserting ``$1,000,000''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to information returns required to
be filed on or after January 1, 2008.
______
SA 1818. Mr. HARKIN submitted an amendment intended to be proposed to
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill
H.R. 6, to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 76, line 24, insert ``or eligible for a credit
under section 40(b)(2) or 40A(b)(2)'' after ``6426''.
______
SA 1819. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
SEC. 885. ADDITIONAL TARIFFS ON OIL AND GAS PRODUCTS OF
VENEZUELA.
(a) Finding.--The Government of Venezuela has announced its
intention to withdraw as a member of the World Trade
Organization.
(b) Additional Tariff.--Notwithstanding any other provision
of law, there shall be imposed on any oil or gas product
imported from Venezuela, in addition to any other duty that
would otherwise apply to such product, a rate of duty of 3
percent ad valorem.
(c) Effective Date.--
(1) In general.--This section shall apply to any oil or gas
product imported from Venezuela on or after the date that is
15 days after the date of the enactment of this Act.
(2) Termination.--The duties imposed under subsection (b)
shall cease to apply if--
(A) the Government of Venezuela files a complaint against
the United States claiming that the duties imposed by
subsection (b) do not comply with the obligations of the
United States under the WTO Agreement (as defined in section
2(9) of the Uruguay Round Agreements Act (19 U.S.C.
3501(9))), or any of the agreements annexed to that
Agreement; and
(B) a dispute settlement panel of the World Trade
Organization issues an adverse finding against the United
States with respect to such complaint.
____________________