S.Amdt. 1833Senate110th Congress (2007-2009)3rd degree
S.Amdt. 1833
Sponsored by 
Sen. John F. Kerry (D-MA)
Sen. John F. Kerry (D-MA)Submitted June 21, 2007
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Senate amendment submitted
June 21, 2007
Text
Submitted
TEXT OF AMENDMENTS
SA 1820. Mr. BAYH 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 73, after line 18, insert the following:
(c) Limitation of Ineligible Refinery Property.--Subsection
(f)(1) of section 179C is amended by inserting ``virgin''
before ``lube oil facility''.
______
SA 1821. 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;
``(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.--
[[Page S8245]]
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.
SEC. __. INCREASE IN ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY CREDIT.
(a) In General.--
(1) Increase in credit percentage.--Subsection (a) of
section 30C (relating to alternative fuel vehicle refueling
property credit) is amended by striking ``30 percent'' and
inserting ``50 percent''.
(2) Increased limitation amount for businesses.--Paragraph
(1) of section 30C(b) is amended by striking ``$30,000'' and
inserting ``$50,000''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act, in taxable years ending after such
date.
______
SA 1822. Mr. ALEXANDER (for himself and Mr. Domenici) 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 5, line 6, strike ``2014'' and insert ``2011''.
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--
``(A) meets all standards issued by the Environmental
Protection Agency applicable to such scrubber or scrubber
system, and
``(B) receives approval for treatment under subsection
(e)(3)(iv) by the Secretary under an allocation process
developed by the Secretary to limit the application of this
treatment to 12 scrubbers per taxable year.''.
(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 1823. 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:
On page 5, line 6, strike ``2014'' and insert ``2011''.
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 1824. 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:
On page 158, line 5, strike ``refining, processing'' and
insert ``processing (other than refining)''.
______
SA 1825. Ms. LANDRIEU 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 173 of the amendment, strike line 14 and insert the
following:
(b) Coastal Impact Assistance Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a fund, to be known as the ``Coastal
Impact Assistance Fund'' (referred to in this subsection as
the ``Fund''), to consist of amounts deposited in the Fund
under paragraph (2).
(2) Deposits.--The Secretary of the Treasury shall deposit
into the Fund an amount equal to 37.5 percent of the total
amount of revenue received as a result of the taxes imposed
under chapter 56 of subtitle E of the Internal Revenue Code
of 1986 (as added by subsection (a)).
(3) Distribution.--For each of fiscal years 2007 through
2016, of amounts in the Fund, the Secretary of the Treasury
shall transfer to the Secretary of the Interior, without
further appropriation, not more than $2,500,000,000 for
allocation in accordance with paragraph (4).
(4) Allocation.--Of amounts transferred to the Secretary of
the Interior under paragraph (3), the Secretary of the
Interior shall, without further appropriation--
(A) allocate not more than $1,500,000,000 for disbursement
to Gulf producing States and coastal political subdivisions
(as defined in section 31(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356a(a))), in accordance with section
31 of that Act (43 U.S.C. 1356a);
(B) deposit not more than $1,000,000,000 into 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), which shall be considered income to the Land and Water
Conservation Fund for purposes of that section; and
(C) deposit the remainder into the general fund of the
Treasury.
(c) Deductibility of Tax.--The first sentence of * * *
[[Page S8246]]
______
SA 1826. Mr. CRAPO (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to the 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 45, after line 20, add the following:
SEC. ___. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC
TRANSMISSION 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) qualified electric transmission facilities.''.
(b) Definition.--Section 142 is amended by inserting at the
end the following new subsection:
``(n) Qualified Electric Transmission Facilities.--
``(1) In general.--For purposes of subsection (a)(16), the
term `qualified electric transmission facility' means any
electric transmission facility which is owned by--
``(A) 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
``(B) a State or political subdivision of a State expressly
authorized under State law to finance and own electric
transmission facilities.
``(2) Termination.--Subsection (a)(16) shall not apply with
respect to any bond issued after December 31, 2010.''.
(c) Effective Date.--The amendment made by this section
shall apply to bonds issued after December 31, 2007.
______
SA 1827. 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. Wyden, Mr. Schumer, and 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 214, after line 19, insert the following:
SEC. 895. CONDITIONAL SUNSET OF REVENUE RAISING PROVISIONS;
ADDITIONAL DUTY ON OIL AND GAS PRODUCTS OF
VENEZUELA.
Notwithstanding any other provision of this subititle or
any other provision of law, on and after the date on which
the Government of Venezuela withdraws as a member of the
World Trade Organization--
(1) the amendments made by this subtitle shall cease to
have force or effect; and
(2) 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 5
percent ad valorem.
______
SA 1828. 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 20 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 $2,500 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 1829. Ms. SNOWE (for herself, Mr. Carper, Mrs. Lincoln, Mr. Smith,
Mr. Kerry, Mr. Lieberman, and Mr. Isakson) 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:
Subpart --Reuse and Recycling Property
SEC. _. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND
RECYCLING PROPERTY.
(a) In General.--Section 168 (relating to accelerated cost
recovery system), as amended by this Act, is amended by
adding at the end the following new subsection:
``(n) Special Allowance for Certain Reuse and Recycling
Property.--
``(1) In general.--In the case of any qualified reuse and
recycling property--
``(A) the depreciation deduction provided by section 167(a)
for the taxable year in which such property is placed in
service shall include an allowance equal to 50 percent of the
adjusted basis of the qualified reuse and recycling property,
and
``(B) the adjusted basis of the qualified reuse and
recycling property shall be reduced by the amount of such
deduction before computing the amount otherwise allowable as
a depreciation deduction under this chapter for such taxable
year and any subsequent taxable year.
``(2) Qualified reuse and recycling property.--For purposes
of this subsection--
``(A) In general.--The term `qualified reuse and recycling
property' means any reuse and recycling property--
``(i) to which this section applies,
``(ii) which has a useful life of at least 5 years,
``(iii) the original use of which commences with the
taxpayer after December 31, 2007, and
``(iv) which is--
``(I) acquired by purchase (as defined in section
179(d)(2)) by the taxpayer after December 31, 2007, but only
if no written binding contract for the acquisition was in
effect before January 1, 2008, or
``(II) acquired by the taxpayer pursuant to a written
binding contract which was entered into after December 31,
2007.
[[Page S8247]]
``(B) Exceptions.--
``(i) Alternative depreciation property.--The term
`qualified reuse and recycling property' shall not include
any property to which the alternative depreciation system
under subsection (g) applies, determined without regard to
paragraph (7) of subsection (g) (relating to election to have
system apply).
``(ii) Election out.--If a taxpayer makes an election under
this clause with respect to any class of property for any
taxable year, this subsection shall not apply to all property
in such class placed in service during such taxable year.
``(C) Special rule for self-constructed property.--In the
case of a taxpayer manufacturing, constructing, or producing
property for the taxpayer's own use, the requirements of
clause (iv) of subparagraph (A) shall be treated as met if
the taxpayer begins manufacturing, constructing, or producing
the property after December 31, 2007.
``(D) Deduction allowed in computing minimum tax.--For
purposes of determining alternative minimum taxable income
under section 55, the deduction under subsection (a) for
qualified reuse and recycling property shall be determined
under this section without regard to any adjustment under
section 56.
``(3) Definitions.--For purposes of this subsection--
``(A) Reuse and recycling property.--
``(i) In general.--The term `reuse and recycling property'
means any machinery and equipment (not including buildings or
real estate), along with all appurtenances thereto, including
software necessary to operate such equipment, which is used
exclusively to collect, process, or reuse qualified reuse and
recyclable materials.
``(ii) Exclusion.--Such term does not include rolling stock
or other equipment used to transport reuse and recyclable
materials.
``(B) Qualified reuse and recyclable materials.--
``(i) In general.--The term `qualified reuse and recyclable
materials' means scrap plastic, scrap glass, scrap textiles,
scrap rubber including used tires, scrap packaging, recovered
fiber, scrap ferrous and nonferrous metals, or electronic
scrap generated by an individual or business.
``(ii) Electronic scrap.--For purposes of clause (i), the
term `electronic scrap' means--
``(I) any cathode ray tube, flat panel screen, or similar
video display device with a screen size greater than 4 inches
measured diagonally, or
``(II) any central processing unit.
``(C) Recycling or recycle.--The term `recycling' or
`recycle' means that process (including sorting) by which
worn or superfluous materials are manufactured or processed
into specification grade commodities that are suitable for
use as a replacement or substitute for virgin materials in
manufacturing tangible consumer and commercial products,
including packaging.''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007.
SEC. _. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.
(a) In General.--Section 142 (defining exempt facility
bond) is amended by adding at the end the following new
subsection:
``(n) Solid Waste Disposal Facilities.--
``(1) In general.--For purposes of subsection (a)(6) only,
the term `solid waste disposal facilities' means any facility
used to perform a solid waste disposal function.
``(2) Solid waste disposal function.--
``(A) In general.--For purposes of this subsection only,
the term `solid waste disposal function' means the
collection, separation, sorting, storage, treatment,
disassembly, handling, or processing of solid waste in any
manner designed to dispose of the solid waste, including
processing the solid waste into a useful energy source or
product.
``(B) Extent of function.--For purposes of this subsection
only, the solid waste disposal function ends at the later
of--
``(i) the point of final disposal of the solid waste,
``(ii) immediately after the solid waste is incinerated or
otherwise transformed or processed to generate heat, and the
resulting heat is put into a form such as steam in which such
heat is in fact sold or used, or
``(iii) the point at which the solid waste has been
converted into a material or product that can be sold in the
same manner as comparable material or product produced from
virgin material.
``(C) Functionally related and subordinate facilities.--For
purposes of this subsection only, in the case of a facility
used to perform both a solid waste disposal function and
another function--
``(i) the costs of the facility allocable to the solid
waste disposal function are determined using any reasonable
method based upon facts and circumstances, and
``(ii) if during the period that bonds issued as part of an
issue described in subsection (a)(6) are outstanding with
respect to any facility at least 65 percent of the materials
processed in such facility are solid waste materials as
measured by weight or volume, then all of the costs of the
property used to perform such process are allocable to a
solid waste disposal function.
``(3) Solid waste.--For purposes of this subsection only--
``(A) In general.--The term `solid waste' means garbage,
refuse, or discarded solid materials, including waste
materials resulting from industrial, commercial,
agricultural, or community activities.
``(B) Garbage, refuse or discarded solid materials.--For
purposes of subparagraph (A), the term `garbage, refuse, or
discarded solid materials' means materials that are useless,
unused, unwanted, or discarded, regardless of whether or not
such materials have value.
``(C) Exclusion.--The term `solid waste' does not include
materials in domestic sewage, pollutants in industrial or
other water resources, or other liquid or gaseous waste
materials.''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued before, on, or after 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'',
(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 1830. Ms. SNOWE (for herself, Mr. Carper, Mrs. Lincoln, Mr. Smith,
Mr. Kerry, Mr. Lieberman, and Mr. Isakson) 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:
SUBPART _--REUSE AND RECYCLING PROPERTY
SEC. _. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND
RECYCLING PROPERTY.
(a) In General.--Section 168 (relating to accelerated cost
recovery system), as amended by this Act, is amended by
adding at the end the following new subsection:
``(n) Special Allowance for Certain Reuse and Recycling
Property.--
``(1) In general.--In the case of any qualified reuse and
recycling property--
[[Page S8248]]
``(A) the depreciation deduction provided by section 167(a)
for the taxable year in which such property is placed in
service shall include an allowance equal to 50 percent of the
adjusted basis of the qualified reuse and recycling property,
and
``(B) the adjusted basis of the qualified reuse and
recycling property shall be reduced by the amount of such
deduction before computing the amount otherwise allowable as
a depreciation deduction under this chapter for such taxable
year and any subsequent taxable year.
``(2) Qualified reuse and recycling property.--For purposes
of this subsection--
``(A) In general.--The term `qualified reuse and recycling
property' means any reuse and recycling property--
``(i) to which this section applies,
``(ii) which has a useful life of at least 5 years,
``(iii) the original use of which commences with the
taxpayer after December 31, 2007, and
``(iv) which is--
``(I) acquired by purchase (as defined in section
179(d)(2)) by the taxpayer after December 31, 2007, but only
if no written binding contract for the acquisition was in
effect before January 1, 2008, or
``(II) acquired by the taxpayer pursuant to a written
binding contract which was entered into after December 31,
2007.
``(B) Exceptions.--
``(i) Alternative depreciation property.--The term
`qualified reuse and recycling property' shall not include
any property to which the alternative depreciation system
under subsection (g) applies, determined without regard to
paragraph (7) of subsection (g) (relating to election to have
system apply).
``(ii) Election out.--If a taxpayer makes an election under
this clause with respect to any class of property for any
taxable year, this subsection shall not apply to all property
in such class placed in service during such taxable year.
``(C) Special rule for self-constructed property.--In the
case of a taxpayer manufacturing, constructing, or producing
property for the taxpayer's own use, the requirements of
clause (iv) of subparagraph (A) shall be treated as met if
the taxpayer begins manufacturing, constructing, or producing
the property after December 31, 2007.
``(D) Deduction allowed in computing minimum tax.--For
purposes of determining alternative minimum taxable income
under section 55, the deduction under subsection (a) for
qualified reuse and recycling property shall be determined
under this section without regard to any adjustment under
section 56.
``(3) Definitions.--For purposes of this subsection--
``(A) Reuse and recycling property.--
``(i) In general.--The term `reuse and recycling property'
means any machinery and equipment (not including buildings or
real estate), along with all appurtenances thereto, including
software necessary to operate such equipment, which is used
exclusively to sort or process, qualified reuse and
recyclable materials or the primary purpose of which is the
shredding and processing of qualified reuse and recyclable
material.
``(ii) Exclusion.--Such term does not include rolling stock
or other equipment used to transport reuse and recyclable
materials.
``(B) Qualified reuse and recyclable materials.--
``(i) In general.--The term `qualified reuse and recyclable
materials' means scrap plastic, scrap glass, scrap textiles,
scrap rubber including used tires, scrap packaging, recovered
fiber, scrap ferrous and nonferrous metals, or electronic
scrap generated by an individual or business.
``(ii) Electronic scrap.--For purposes of clause (i), the
term `electronic scrap' means--
``(I) any cathode ray tube, flat panel screen, or similar
video display device with a screen size greater than 4 inches
measured diagonally, or
``(II) any central processing unit.
``(C) Recycling or recycle.--The term `recycling' or
`recycle' means that process (including sorting) by which
worn or superfluous materials are manufactured or processed
into specification grade commodities that are suitable for
use as a replacement or substitute for virgin materials in
manufacturing tangible consumer and commercial products,
including packaging.''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007.
SEC. _. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.
(a) In General.--Section 142 (defining exempt facility
bond) is amended by adding at the end the following new
subsection:
``(n) Solid Waste Disposal Facilities.--
``(1) In general.--For purposes of subsection (a)(6) only,
the term `solid waste disposal facilities' means any facility
used to perform a solid waste disposal function.
``(2) Solid waste disposal function.--
``(A) In general.--For purposes of this subsection only,
the term `solid waste disposal function' means the
collection, separation, sorting, storage, treatment,
disassembly, handling, or processing of solid waste in any
manner designed to dispose of the solid waste, including
processing the solid waste into a useful energy source or
product.
``(B) Extent of function.--For purposes of this subsection
only, the solid waste disposal function ends at the later
of--
``(i) the point of final disposal of the solid waste,
``(ii) immediately after the solid waste is incinerated or
otherwise transformed or processed to generate heat, and the
resulting heat is put into a form such as steam in which such
heat is in fact sold or used, or
``(iii) the point at which the solid waste has been
converted into a material or product that can be sold in the
same manner as comparable material or product produced from
virgin material.
``(C) Functionally related and subordinate facilities.--For
purposes of this subsection only, in the case of a facility
used to perform both a solid waste disposal function and
another function--
``(i) the costs of the facility allocable to the solid
waste disposal function are determined using any reasonable
method based upon facts and circumstances, and
``(ii) if during the period that bonds issued as part of an
issue described in subsection (a)(6) are outstanding with
respect to any facility at least 65 percent of the materials
processed in such facility are solid waste materials as
measured by weight or volume, then all of the costs of the
property used to perform such process are allocable to a
solid waste disposal function.
``(3) Solid waste.--For purposes of this subsection only--
``(A) In general.--The term `solid waste' means garbage,
refuse, or discarded solid materials, including waste
materials resulting from industrial, commercial,
agricultural, or community activities.
``(B) Garbage, refuse or discarded solid materials.--For
purposes of subparagraph (A), the term `garbage, refuse, or
discarded solid materials' means materials that are useless,
unused, unwanted, or discarded, regardless of whether or not
such materials have value.
``(C) Exclusion.--The term `solid waste' does not include
materials in domestic sewage, pollutants in industrial or
other water resources, or other liquid or gaseous waste
materials.''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued before, on, or after 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'',
(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 1831. Mr. HARKIN submitted an amendment intended to be proposed to
[[Page S8249]]
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''.
At the end of the section add the following: ``For heat
fuels, this section shall be effective after December 31,
2012.''
______
SA 1832. Mr. NELSON of Nebraska (for himself, Mr. Craig, Mr. Crapo,
Mr. Kohl, and Mr. Allard) 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. ___. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN
RENEWABLE FEEDSTOCKS.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 40A the following new section:
``SEC. 40B. BIOGAS PRODUCED FROM CERTAIN RENEWABLE
FEEDSTOCKS.
``(a) General Rule.--For purposes of section 38, the
qualified biogas production credit for any taxable year is an
amount equal to the product of--
``(1) $4.27, and
``(2) each million British thermal units (mmBtu) of
biogas--
``(A) produced by the taxpayer--
``(i) from qualified energy feedstock, and
``(ii) at a qualified facility, and
``(B) either--
``(i) sold by the taxpayer to an unrelated person during
the taxable year, or
``(ii) used by the taxpayer during the taxable year.
``(b) Definitions.--
``(1) Biogas.--The term `biogas' means a gas that--
``(A) is derived by processing qualified energy feedstock
through anaerobic digestion, gasification, or other similar
processes, and
``(B) is an energy or fuel alternative to fossil fuels such
as coal, natural gas, or petroleum-based products.
``(2) Qualified energy feedstock.--
``(A) In general.--The term `qualified energy feedstock'
means--
``(i) manure of agricultural livestock, including litter,
wood shavings, straw, rice hulls, bedding material, and other
materials incidentally collected with the manure,
``(ii) any nonhazardous, cellulosic, or other organic
agricultural or food industry byproduct or waste material
that is derived from--
``(I) harvesting residues,
``(II) wastes or byproducts from fermentation processes,
ethanol production, biodiesel production, slaughter of
agricultural livestock, food production, food processing, or
food service, or
``(III) other organic wastes, byproducts, or sources, or
``(iii) solid wood waste materials, including waste
pallets, crates, dunnage, manufacturing and construction wood
wastes, and landscape or right-of-way tree trimmings.
``(B) Exclusions.--The term `qualified energy feedstock'
does not include--
``(i) pressure-treated, chemically-treated, or painted wood
wastes,
``(ii) municipal solid waste,
``(iii) landfills, or
``(iv) paper that is commonly recycled.
``(C) Agricultural livestock.--The term `agricultural
livestock' means poultry, cattle, sheep, swine, goats,
horses, mules, and other equines.
``(3) Qualified facility.--The term `qualified facility'
means a facility that--
``(A) uses anaerobic digestion technology, gasification
technology, or other similar technologies to process
qualified energy feedstock into biogas,
``(B) is owned by the taxpayer,
``(C) is located in the United States,
``(D) is originally placed in service before January 1,
2018, and
``(E) the biogas output of which is--
``(i) marketed through interconnection with a gas
distribution or transmission pipeline, or
``(ii) used on-site or off-site in a quantity that is
sufficient to offset the consumption of at least 50,000 mmBtu
annually of commercially-marketed fuel derived from coal,
crude oil, natural gas, propane, or other fossil fuel.
``(c) Special Rules.--For purposes of this section--
``(1) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the qualified
facility shall be allocated among such persons in proportion
to their respective ownership interests in the gross sales
from such qualified facility.
``(2) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling biogas
to an unrelated person if such biogas is sold to such a
person by another member of such group.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Coordination with credit from producing fuel from a
nonconventional source.--The amount of biogas produced and
sold or used by the taxpayer during any taxable year which is
taken into account under this section shall be reduced by the
amount of biogas produced and sold by the taxpayer in such
taxable year which is taken into account under section 45K.
``(5) Credit eligibility in the case of government-owned
facilities using poultry waste.--In the case of a facility
using poultry waste to produce biogas and owned by a
governmental unit, subparagraph (B) of subsection (b)(3)
shall be applied by substituting `is leased or operated by
the taxpayer' for `is owned by the taxpayer'.
``(d) Transferability of Credit.--
``(1) In general.--A taxpayer may transfer the credit under
this section through an assignment to any person. Such
transfer may be revoked only with the consent of the
Secretary.
``(2) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit
transferred under paragraph (1) is claimed once and not
reassigned by such other person.
``(e) Adjustment Based on Inflation.--
``(1) In general.--The $4.27 amount under subsection (b)(1)
shall be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding
sentence is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent.
``(2) Computation of inflation adjustment factor.--
``(A) In general.--The Secretary shall, not later than
April 1 of each calendar year, determine and publish in the
Federal Register the inflation adjustment factor in
accordance with this paragraph.
``(B) Inflation adjustment factor.--The term `inflation
adjustment factor' means, with respect to a calendar year, a
fraction the numerator of which is the GDP implicit price
deflator for the preceding calendar year and the denominator
of which is the GDP implicit price deflator for calendar year
2007. The term `GDP implicit price deflator' means the most
recent revision of the implicit price deflator for the gross
domestic product as computed and published by the Department
of Commerce before March 15 of the calendar year.
``(f) Application of Section.--This section shall apply
with respect to biogas produced and sold--
``(1) after the date of the enactment of this section, and
``(2) before the date on which the Secretary of Energy
certifies that 100,000,000 British thermal units of biogas
have been produced at qualified facilities after such
date.''.
(b) Credit Treated as Business Credit.--Section 38(b) of
such Code, as amended by this Act, is amended by striking
``plus'' at the end of paragraph (32), by striking the period
at the end of paragraph (33) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(34) the qualified biogas production credit under section
40B(a).''.
(c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of
such Code is amended by striking ``and'' at the end of clause
(i), by striking the period at the end of clause (ii)(II) and
inserting ``, and'', and by adding at the end the following
new clause:
``(iii) the credit determined under section 40B.''.
(d) 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 40A
the following new item:
``Sec. 40B. Biogas produced from certain renewable feedstocks.''.
(e) Effective Date.--The amendments made by this section
shall apply to biogas produced and sold or used in taxable
years beginning after the date of the enactment of this Act.
______
SA 1833. 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
[[Page S8250]]
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, line 5, insert ``(except that, in the case of
any project principally employing gasification for
transportation grade liquid fuels, such project must also
have life-cycle greenhouse gas emissions which are at least
20 percent lower than conventional facilities)'' after
``emissions''.
On page 71, line 22, insert ``and which has life-cycle
greenhouse gas emissions which are at least 20 percent lower
than conventional facilities'' after ``sions''.
______
SA 1834. Mr. SMITH (for himself, Ms. Snowe, 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:
On page 9, after line 19, insert the following:
(g) Credit Rate Increase for Open-Loop Biomass.--Section
45(b)(4)(A) (relating to credit rate), as amended by this
section, is amended by striking ``(3),''.
At the appropriate place, insert the following:
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. _. PARTICIPANTS IN GOVERNMENT SECTION 457 PLANS ALLOWED
TO TREAT ELECTIVE DEFERRALS AS ROTH
CONTRIBUTIONS.
(a) In General.--Section 402A(e)(1) (defining applicable
retirement plan) is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at
the end the following:
``(C) an eligible deferred compensation plan (as defined in
section 457(b)) of an eligible employer described in section
457(e)(1)(A).''.
(b) Elective Deferrals.--Section 402A(e)(2) (defining
elective deferral) is amended to read as follows:
``(2) Elective deferral.--The term `elective deferral'
means--
``(A) any elective deferral described in subparagraph (A)
or (C) of section 402(g)(3), and
``(B) any elective deferral of compensation by an
individual under an eligible deferred compensation plan (as
defined in section 457(b)) of an eligible employer described
in section 457(e)(1)(A).''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______
SA 1835. Mr. SMITH (for himself 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:
On page 9, after line 19, insert the following:
(g) Credit Rate Increase for Open-Loop Biomass.--Section
45(b)(4)(A) (relating to credit rate), as amended by this
section, is amended by striking ``(3),''.
______
SA 1836. Mr. REID (for himself and Mr. Ensign) submitted an amendment
intended to be proposed to amendment SA 1753 submitted by Mr. DeMint
(for himself, Mr. Craig, Mr. Graham, Mr. Inhofe, Mr. Burr, Ms.
Murkowski, and Mr. Crapo) and intended to be proposed 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:
Beginning on page 1 of the amendment, line __, strike
everything after ``SEC.'' and insert the following:
[[Page S8251]]
___. REQUIREMENT FOR PROMULGATION OF A RADIATION STANDARD
BEFORE DATE OF YUCCA MOUNTAIN LICENSE
APPLICATION ACCEPTANCE.
(a) Requirement.--Notwithstanding any other provision of
law, the license application of the Department of Energy for
the proposed geologic repository at Yucca Mountain shall not
be considered by the Nuclear Regulatory Commission to be
complete and accurate in all material respects for purposes
of section 63.10 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this section), until
the date that is 180 days after the date on which the
Administrator of the Environmental Protection Agency
promulgates final health and environmental radiation
protection standards for Yucca Mountain, in accordance with
the findings and recommendations contained in the report of
the National Academy of Sciences entitled ``Technical Bases
for Yucca Mountain Standards'' and dated 1995.
(b) Effect of Section.--Nothing in this section abrogates
or limits any other applicable criteria of the Nuclear
Regulatory Commission relating to the treatment of a license
application as complete and accurate in all material
respects.
(c) Expedited Judicial Review.--A United States court of
appeals of competent jurisdiction shall review any challenge
to the license application described in subsection (a) on an
expedited basis.
______
SA 1837. Mr. SALAZAR submitted an amendment intended to be proposed
to amendment SA 1704 submitted 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. __. CREDIT FOR PLUG-IN ELECTRIC DRIVE RECHARGING
PROPERTY.
(a) Credit Allowed for Plug-in Electric Drive Recharging
Property.--Subsection (a) of section 30C is amended by
striking ``an amount equal to 30 percent of the cost of'' and
all that follows and inserting ``an amount equal to the sum
of--
``(1) 30 percent of the cost of any qualified alternative
fuel vehicle refueling property placed in service by the
taxpayer during the taxable year, and
``(2) 30 percent of the cost of any qualified plug-in
electric drive vehicle recharging property.''.
(b) Limitation.--Subsection (b) of section 30C, as amended
by this Act, is amended to read as follows:
``(b) Limitations.--
``(1) Limitation for qualified alternative fuel vehicle
refueling property.--The credit allowed under subsection (a)
with respect to any qualified alternative fuel vehicle
refueling property placed in service by the taxpayer at a
location shall not exceed--
``(A) $30,000 in the case of a property of a character
subject to an allowance for depreciation, and
``(B) $1,000 in any other case.
``(2) Limitations for qualified plug-in electric drive
vehicle recharging property.--
``(A) In general.--The credit allowed under subsection (a)
with respect to any qualified plug-in electric drive vehicle
recharging property placed in service by the taxpayer at a
location shall not exceed--
``(i)(I) $225, in the case of property of a character
subject to an allowance for depreciation, and
``(II) $400 per recharging space in any other case,
multiplied by
``(ii) the number of recharging locations placed in service
by the taxpayer during the taxable year.
``(B) Minimum costs limitation for certain property.--In
the case of any property to which subparagraph (A)(i)
applies, no credit shall be allowed under this section for
costs incurred for qualified plug-in electric drive vehicle
recharging property placed in service during the taxable year
unless such costs exceed $600.''.
(c) Qualified Plug-in Electric Drive Vehicle Recharging
Property.--
(1) In general.--Subsection (c) of section 30C, as amended
by this Act, is amended to read as follows:
``(c) Definitions.--For purposes of this section--
``(1) Qualified alternative fuel vehicle refueling
property.--The term `qualified alternative fuel vehicle
refueling property' has the same meaning as the term
`qualified clean-fuel vehicle refueling property' would have
under section 179A if--
``(A) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the
taxpayer, and
``(B) only the following were treated as clean burning
fuels for purposes of section 179A(d):
``(i) Any fuel at least 85 percent of the volume of which
consists of one or more of the following: ethanol, natural
gas, compressed natural gas, liquified natural gas, liquefied
petroleum gas, or hydrogen.
``(ii) Biodiesel (as defined in section 40A(d)(1)).
``(iii) Any mixture--
``(I) which consists of two or more of the following:
biodiesel (as so defined), diesel fuel (as defined in section
4083(a)(3)), or kerosene, and
``(II) at least 20 percent of the volume of which consists
of biodiesel (as so defined) determined without regard to any
kerosene in such mixture.
``(2) Qualified plug-in electric drive recharging
property.--The term `qualified plug-in electric drive
recharging property' means property (not including a building
and its structural components)--
``(A) the original use of which commences with the
taxpayer, and
``(B) which is a charging station or related electric
infrastructure used for the recharging of motor vehicles
propelled by electricity, but only if the property is located
on the taxpayer's property.
``(3) Recharging location.--The term `recharging location'
means a location dedicated to the recharging of 1 motor
vehicle propelled by electricity.
``(4) Motor vehicle.--The term `motor vehicle' has the
meaning given such term under section 179A(e)(2).''.
(2) Conforming amendment.--Subsection (d)(3)(B) of section
179A is amended--
(A) by inserting ``a charging station or related electric
infrastructure'' before ``for the recharging of'', and
(B) by striking ``at the point where the motor vehicles are
recharged'' and inserting ``on the taxpayer's property''.
(d) Extension.--Subsection (g) of section 30C, as amended
by this Act, is amended to read as follows:
``(e) Termination.--This section shall not apply to any
property placed in service--
``(1) in the case qualified plug-in electric drive
recharging property and qualified alternative fuel vehicle
refueling property relating to hydrogen, after December 31,
2014, and
``(2) in the case of any other qualified alternative fuel
vehicle refueling property, after December 31, 2012.''.
(e) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. ___. IDLING REDUCTION TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by this Act, is amended by adding at
the end the following new section:
``SEC. 45P. IDLING REDUCTION CREDIT.
``(a) General Rule.--For purposes of section 38, the idling
reduction credit determined under this section for the
taxable year is an amount equal to 50 percent of the amount
paid or incurred for the purchase and installation of
qualifying idle reduction infrastructure equipment placed in
service by the taxpayer during the taxable year.
``(b) Limitation.--The maximum amount allowed as a credit
under subsection (a) shall not exceed $2,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying idle reduction infrastructure equipment.--
``(A) In general.--The term `qualifying idle reduction
infrastructure equipment' means equipment described in
subparagraph (B)--
``(i) which is designed for use by a heavy duty diesel
powered highway vehicle in order to prevent long-duration
idling,
``(ii) the original use of which commences with the
taxpayer, and
``(iii) which is acquired by the taxpayer for use and not
for resale.
``(B) Equipment described.--Equipment is described in this
subparagraph if such equipment is--
``(i) off-truck equipment to supply electric power,
including electric receptacles, boxes, wiring, conduit, and
other connections to one truck space, or
``(ii) off-truck equipment that directly provides air
conditioning, heating, electric power, and other connections
and services to one truck space.
``(2) Heavy-duty diesel-powered on-highway vehicle.--The
term `heavy-duty diesel-powered on-highway vehicle' means any
vehicle, machine, tractor, trailer, or semi-trailer propelled
or drawn by mechanical power and used upon the highways in
the transportation of passengers or property, or any
combination thereof determined by the Federal Highway
Administration.
``(3) Long-duration idling.--The term `long-duration
idling' means the operation of a main drive engine, for a
period greater than 15 consecutive minutes, where the main
drive engine is not engaged in gear. Such term does not apply
to routine stoppages associated with traffic movement or
congestion.
``(d) No Double Benefit.--For purposes of this section--
``(1) Reduction in basis.--If a credit is determined under
this section with respect to any property by reason of
expenditures described in subsection (a), the basis of such
property shall be reduced by the amount of the credit so
determined.
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under
[[Page S8252]]
any other provision of this chapter with respect to the
amount of the credit determined under this section.
``(e) Election Not To Claim Credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(f) Application of Section.--This section shall apply
with respect to qualifying idle reduction infrastructure
equipment placed in service--
``(1) after December 31, 2007, and
``(2) before the end of the calendar year in which the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, certifies that qualifying
idle reduction infrastructure equipment units has been placed
in service at 50,000 spaces after such date.''.
(b) Credit To Be Part of General Business Credit.--
Subsection (b) of section 38, as amended by this Act, is
amended by striking ``plus'' at the end of paragraph (31), by
striking the period at the end of paragraph (32) and
inserting ``, plus'' , and by adding at the end the following
new paragraph:
``(33) the idling reduction credit determined under section
45P(a).''.
(c) 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:
``(38) in the case of a facility with respect to which a
credit was allowed under section 45P, to the extent provided
in section 45P(d)(1).''.
(2) Section 6501(m) of such Code is amended by inserting
``45P(e),'' after ``45D(c)(4),''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by inserting after the item relating to section 45O the
following new item:
``Sec. 45P. Idling reduction credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______
SA 1838. Mr. SMITH 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 plaee in'the amendment, insert the
following:
``SEC. . ELECTION TO EXPENSE TELEWORKING PROPERTY.
``(a) Treatment as Expenses.--A taxpayer may elect to treat
the cost of any qualified teleworking property as an expense
which is not chargeable to capital account. Any cost so
treated shall be allowed as a deduction for the taxable year
in which the qualified teleworking property is placed in
service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the
tax imposed by this chapter for the taxable year. Such
election shall be made in such manner as the Secretary may by
regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Teleworking Property.--
``(1) In general.--The term `qualified teleworking
property' means property--
``(A) which is tangible property (to which section 168
applies),
``(B) which is section 1245 property (as defined in section
1245(a)(3)),
``(C) which is acquired by purchase (as defined in section
179(d)(2)) for use by an eligible employee for the purpose of
teleworking, and
``(D) with respect to which an election under section 179
is not in effect.
Such term shall not include any property described in section
50(b).
``(2) Eligible employee.--The term `eligible employee'
means an employee who has an arrangement to telework not less
than 75 days per year.
``(3) Telework.--The term `telework' means to perform work
functions using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional worksite.
``(d) Recapture.--The Secretary shall, by regulations,
provide for the recapturing of the benefit of any deduction
allowable under subsection (a) with respect to any qualified
teleworking property if such property is not used in
accordance with subsection (c)(l)(C).''.
(c) Effective Date.--The amendments made by this section
shall apply to properties placed in service after the date of
the enactment of this Act.
______
SA 1839. Mr. SMITH 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 in the amendment, insert the
following:
SEC. EXTENSION OF TRANSPORTATION FRINGE BENEFIT TO BICYCLE
COMMUTERS.
(a) In General.--Paragraph (1) of section 132(f) (relating
to general rule for qualified transportation fringe) is
amended by adding at the end the following:
``(D) Bicycle commuting allowance.''.
(b) Bicycle Commuting Allowance Defined.--Paragraph (5) of
section 132(f) (relating to definitions) is amended by adding
at the end the following:
``(F) Bicycle commuting allowance.--The term `bicycle
commuting allowance' means an amount provided to an employee
for transportation on a bicycle if such transportation is in
connection with travel between the employee's residence and
place of employment.''.
(c) Limitation on Exclusion.--Paragraph (2) of section
132(f) is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``and'', and by adding at the
end the following new subparagraph:
``(C) $50 per month in the case of a bicycle commuting
allowance.''
(d) Cost of Living Adjustment.--
(1) In general.--Paragraph (6) of section 132(f) is amended
by redesignating subparagraph (B) as subparagraph (C) and by
inserting after sub- paragraph (A) the following new
subparagraph:
``(B) Bicycle commuting allowance.--In the. case of any
taxable year beginning in a calendar year after 2006, the $50
amount in paragraph (2)(C) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 2005' for
`calendar year 1992'.''.
(2) Conforming amendment.--Subparagraph (C) of section
132(f)(6), as redesignated by paragraph (1), is amended by
inserting ``or (B)'' after ``subparagraph (A)''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after 20 December 31,
2007.
______
SA 1840. Mr. OBAMA 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:
Beginning on page 1, strike line 5 and all that follows
through page 51, line 12, and insert the following:
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) United States dependence on oil imports imposes
tremendous burdens on the economy, foreign policy, and
military of the United States.
(2) According to the Energy Information Administration, 60
percent of the crude oil and petroleum products consumed in
the United States between April 2005 and March 2006
(12,400,000 barrels per day) were imported. At a cost of $75
per barrel of oil, people in the United States remit more
than $600,000 per minute to other countries for petroleum.
(3) A significant percentage of these petroleum imports
originate in countries controlled by regimes that are
unstable or openly hostile to the interests of the United
States. Dependence on production from these countries
contributes to the volatility of domestic and global markets
and the ``risk premium'' paid by consumers in the United
States.
(4) The Energy Information Administration projects that the
total petroleum demand in the United States will increase by
23 percent between 2006 and 2026, while domestic crude
production is expected to decrease by 11 percent, resulting
in an anticipated 28 percent increase in petroleum imports.
Absent significant action, the United States will become more
vulnerable to oil price increases, more dependent upon
foreign oil, and less able to pursue national interests.
[[Page S8253]]
(5) Two-thirds of all domestic oil use occurs in the
transportation sector, which is 97 percent reliant upon
petroleum-based fuels. Passenger vehicles, including light
trucks under 10,000 pounds gross vehicle weight, represent
over 60 percent of the oil used in the transportation sector.
(6) Corporate average fuel economy of all cars and trucks
improved by 70 percent between 1975 and 1987. Between 1987
and 2006, fuel economy improvements have stagnated and the
fuel economy of the United States is lower than many
developed countries and some developing countries.
(7) Significant improvements in engine technology occurred
between 1986 and 2006. These advances have been used to make
vehicles larger and more powerful, and have not focused
solely on increasing fuel economy.
(8) According to a 2002 fuel economy report by the National
Academies of Science, fuel economy can be increased without
negatively impacting the safety of cars and trucks in the
United States. Some new technologies can increase both safety
and fuel economy (such as high strength materials, unibody
design, lower bumpers). Design changes related to fuel
economy also present opportunities to reduce the
incompatibility of tall, stiff, heavy vehicles with the
majority of vehicles on the road.
(9) Significant change must occur to strengthen the
economic competitiveness of the domestic auto industry.
According to a recent study by the University of Michigan, a
sustained gasoline price of $2.86 per gallon would lead
Detroit's Big 3 automakers' profits to shrink by
$7,000,000,000 as they absorb 75 percent of the lost vehicle
sales. This would put nearly 300,000 people in the United
States out of work.
(10) Opportunities exist to strengthen the domestic vehicle
industry while improving fuel economy. A 2004 study performed
by the University of Michigan concludes that providing
$1,500,000,000 in tax incentives over a 10-year period to
encourage domestic manufacturers and parts facilities to
produce clean cars will lead to a gain of nearly 60,000
domestic jobs and pay for itself through the resulting
increase in domestic tax receipts.
SEC. 502. DEFINITION OF AUTOMOBILE AND PASSENGER AUTOMOBILE.
(a) Definition of Automobile.--
(1) In general.--Paragraph (3) of section 32901(a) of title
49, United States Code, is amended by striking ``rated at--''
and all that follows through the period at the end and
inserting ``rated at not more than 10,000 pounds gross
vehicle weight.''.
(2) Fuel economy information.--Section 32908(a) of such
title is amended, by striking ``section--'' and all that
follows through ``(2)'' and inserting ``section, the term''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to model year 2010 and each subsequent
model year.
(b) Definition of Passenger Automobile.--
(1) In general.--Paragraph (16) of section 32901(a) of such
title is amended by striking ``, but does not include'' and
all that follows through the end and inserting a period.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to model year 2012 and each subsequent model
year.
SEC. 503. AVERAGE FUEL ECONOMY STANDARDS.
(a) Standards.--Section 32902 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in the heading, by inserting ``Manufactured Before
Model Year 2013'' after ``Non-Passenger Automobiles''; and
(B) by adding at the end the following: ``This subsection
shall not apply to automobiles manufactured after model year
2012.'';
(2) in subsection (b)--
(A) in the heading, by inserting ``Manufactured Before
Model Year 2013'' after ``Passenger Automobiles'';
(B) by inserting ``and before model year 2010'' after
``1984''; and
(C) by adding at the end the following: ``Such standard
shall be increased by 4 percent per year for model years 2010
through 2012 (rounded to the nearest 1/10 mile per gallon)'';
(3) by amending subsection (c) to read as follows:
``(c) Automobiles Manufactured After Model Year 2012.--
(1)(A) Not later than 18 months before the beginning of each
model year after model year 2012, the Secretary of
Transportation shall prescribe, by regulation--
``(i) an average fuel economy standard for automobiles
manufactured by a manufacturer in that model year; or
``(ii) based on 1 or more vehicle attributes that relate to
fuel economy--
``(I) separate average fuel economy standards for different
classes of automobiles; or
``(II) average fuel economy standards expressed in the form
of a mathematical function.
``(B)(i) Except as provided under paragraphs (3) and (4)
and subsection (d), average fuel economy standards under
subparagraph (A) shall attain a projected aggregate level of
average fuel economy of 27.5 miles per gallon for all
automobiles manufactured by all manufacturers for model year
2013.
``(ii) The projected aggregate level of average fuel
economy for model year 2014 and each model year thereafter
shall be increased by 4 percent over the level of the prior
model year (rounded to the nearest 1/10 mile per gallon).
``(2) In addition to the average fuel economy standards
under paragraph (1), each manufacturer of passenger
automobiles shall be subject to an average fuel economy
standard for passenger automobiles manufactured by a
manufacturer in a model year that shall be equal to 92
percent of the average fuel economy projected by the
Secretary for all passenger automobiles manufactured by all
manufacturers in that model year. An average fuel economy
standard under this subparagraph for a model year shall be
promulgated at the same time as the standard under paragraph
(1) for such model year.
``(3) If the actual aggregate level of average fuel economy
achieved by manufacturers for each of 3 consecutive model
years is 5 percent or more less than the projected aggregate
level of average fuel economy for such model year, the
Secretary may make appropriate adjustments to the standards
prescribed under this subsection.
``(4)(A) Notwithstanding paragraphs (1) through (3) and
subsection (b), the Secretary of Transportation may prescribe
a lower average fuel economy standard for 1 or more model
years if the Secretary of Transportation, in consultation
with the Secretary of Energy, finds, by clear and convincing
evidence, that the minimum standards prescribed under
paragraph (1)(B) or (3) or subsection (b) for each model
year--
``(i) are technologically not achievable;
``(ii) cannot be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States and no offsetting safety improvements can be
practicably implemented for that model year; or
``(iii) is shown not to be cost effective.
``(B) If a lower standard is prescribed for a model year
under subparagraph (A), such standard shall be the maximum
standard that--
``(i) is technologically achievable;
``(ii) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States; and
``(iii) is cost effective.
``(5) In determining cost effectiveness under paragraph
(4)(A)(iii), the Secretary of Transportation shall take into
account the total value to the United States of reduced
petroleum use, including the value of reducing external costs
of petroleum use, using a value for such costs equal to 50
percent of the value of a gallon of gasoline saved or the
amount determined in an analysis of the external costs of
petroleum use that considers--
``(A) value to consumers;
``(B) economic security;
``(C) national security;
``(D) foreign policy;
``(E) the impact of oil use--
``(i) on sustained cartel rents paid to foreign suppliers;
``(ii) on long-run potential gross domestic product due to
higher normal-market oil price levels, including inflationary
impacts;
``(iii) on import costs, wealth transfers, and potential
gross domestic product due to increased trade imbalances;
``(iv) on import costs and wealth transfers during oil
shocks;
``(v) on macroeconomic dislocation and adjustment costs
during oil shocks;
``(vi) on the cost of existing energy security policies,
including the management of the Strategic Petroleum Reserve;
``(vii) on the timing and severity of the oil peaking
problem;
``(viii) on the risk, probability, size, and duration of
oil supply disruptions;
``(ix) on OPEC strategic behavior and long-run oil pricing;
``(x) on the short term elasticity of energy demand and the
magnitude of price increases resulting from a supply shock;
``(xi) on oil imports, military costs, and related security
costs, including intelligence, homeland security, sea lane
security and infrastructure, and other military activities;
``(xii) on oil imports, diplomatic and foreign policy
flexibility, and connections to geopolitical strife,
terrorism, and international development activities;
``(xiii) on all relevant environmental hazards under the
jurisdiction of the Environmental Protection Agency; and
``(xiv) on well-to-wheels urban and local air emissions of
`pollutants' and their uninternalized costs;
``(F) the impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil price changes, including the magnitude of gross domestic
product losses in response to short term price shocks or long
term price increases;
``(G) the impact of United States payments for oil imports
on political, economic, and military developments in unstable
or unfriendly oil exporting countries;
``(H) the uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage; and
``(I) additional relevant factors, as determined by the
Secretary.
``(6) When considering the value to consumers of a gallon
of gasoline saved, the Secretary of Transportation may not
use a value that is less than the greatest of--
``(A) the average national cost of a gallon of gasoline
sold in the United States during the 12-month period ending
on the date on which the new fuel economy standard is
proposed;
``(B) the most recent weekly estimate by the Energy
Information Administration of the Department of Energy of the
average national cost of a gallon of gasoline (all grades)
sold in the United States; or
[[Page S8254]]
``(C) the gasoline prices projected by the Energy
Information Administration for the 20-year period beginning
in the year following the year in which the standards are
established.
``(7) In prescribing standards under this subsection, the
Secretary may prescribe standards for 1 or more model years.
``(8)(A) Not later than December 31, 2016, the Secretary of
Transportation, the Secretary of Energy, and the
Administrator of the Environmental Protection Agency shall
submit a joint report to Congress on the state of global
automotive efficiency technology development, and on the
accuracy of tests used to measure fuel economy of automobiles
under section 32904(c), utilizing the study and assessment of
the National Academy of Sciences referred to in subparagraph
(B).
``(B) The Secretary of Transportation shall enter into
appropriate arrangements with the National Academy of
Sciences to conduct a comprehensive study of the
technological opportunities to enhance fuel economy and an
analysis and assessment of the accuracy of fuel economy tests
used by the Administrator of the Environmental Protection
Agency to measure fuel economy for each model under section
32904(c). Such analysis and assessment shall identify any
additional factors or methods that should be included in
tests to measure fuel economy for each model to more
accurately reflect actual fuel economy of automobiles. The
Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall furnish, at the request
of the Academy, any information that the Academy determines
to be necessary to conduct the study, analysis, and
assessment under this subparagraph.
``(C) The report submitted under subparagraph (A) shall
include--
``(i) the study of the National Academy of Sciences
referred to in subparagraph (B); and
``(ii) an assessment by the Secretary of Transportation of
technological opportunities to enhance fuel economy and
opportunities to increase overall fleet safety.
``(D) The report submitted under subparagraph (A) shall
identify and examine additional opportunities to reform the
regulatory structure under this chapter, including approaches
that seek to merge vehicle and fuel requirements into a
single system that achieves equal or greater reduction in
petroleum use and environmental benefits than the amount of
petroleum use and environmental benefits that have been
achieved as of the date of the enactment of this Act.
``(E) The report submitted under subparagraph (A) shall--
``(i) include conclusions reached by the Administrator of
the Environmental Protection Agency, as a result of detailed
analysis and public comment, on the accuracy of fuel economy
tests as in use during the period beginning on the date that
is 5 years before the completion of the report and ends on
the date of such completion;
``(ii) identify any additional factors that the
Administrator determines should be included in tests to
measure fuel economy for each model to more accurately
reflect actual fuel economy of automobiles; and
``(iii) include a description of options, formulated by the
Secretary of Transportation and the Administrator, to
incorporate such additional factors in fuel economy tests in
a manner that will not effectively increase or decrease
average fuel economy for any automobile manufacturer.''; and
(4) in subsection (g)(2), by striking ``(and submit the
amendment to Congress when required under subsection (c)(2)
of this section)''.
(b) Conforming Amendments.--
(1) In general.--Chapter 329 of title 49, United States
Code, is amended--
(A) in section 32903--
(i) by striking ``passenger'' each place it appears;
(ii) by striking ``section 32902(b)-(d) of this title''
each place it appears and inserting ``subsection (c) or (d)
of section 32902'';
(iii) by striking subsection (e); and
(iv) by redesignating subsection (f) as subsection (e); and
(B) in section 32904--
(i) in subsection (a)--
(I) by striking ``passenger'' each place it appears; and
(II) in paragraph (1), by striking ``subject to'' and all
that follows through ``section 32902(b)-(d) of this title''
and inserting ``subject to subsection (c) or (d) of section
32902''; and
(ii) in subsection (b)(1)(B), by striking ``under this
chapter'' and inserting ``under section 32902(c)(2)''.
(2) Effective date.--The amendments made by this section
shall apply to automobiles manufactured after model year
2012.
SEC. 504. CREDIT TRADING, COMPLIANCE, AND JUDICIAL REVIEW.
(a) Credit Trading.--Section 32903(a) of title 49, United
States Code, is amended--
(1) by inserting ``Credits earned by a manufacturer under
this section may be sold to any other manufacturer and used
as if earned by that manufacturer, except that credits earned
by a manufacturer described in clause (i) of section
32904(b)(1)(A) may only be sold to a manufacturer described
such clause (i) and credits earned by a manufacturer
described in clause (ii) of such section may only be sold to
a manufacturer described in such clause (ii).'' after ``earns
credits.'';
(2) by striking ``3 consecutive model years immediately''
each place it appears and inserting ``model years''; and
(3) effective for model years after 2012, the sentence
added by paragraph (1) of this subsection is amended by
inserting ``for purposes of compliance with section
32902(c)(2)'' after ``except that''.
(b) Multi-Year Compliance Period.--Section 32904(c) of such
title is amended--
(1) by inserting ``(1)'' before ``The Administrator''; and
(2) by adding at the end the following:
``(2) The Secretary, by rule, may allow a manufacturer to
elect a multi-year compliance period of not more than 4
consecutive model years in lieu of the single model year
compliance period otherwise applicable under this chapter.''.
(c) Judicial Review of Regulations.--Section 32909(a)(1) of
such title is amended by striking out ``adversely affected
by'' and inserting ``aggrieved or adversely affected by, or
suffering a legal wrong because of,''.
SEC. 505. CONSUMER TAX CREDIT.
(a) Elimination on Number of New Qualified Hybrid and
Advanced Lean Burn Technology Vehicles Eligible for
Alternative Motor Vehicle Credit.--
(1) In general.--Section 30B of the Internal Revenue Code
of 1986 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) through (j) as
subsections (f) through (i), respectively.
(2) Conforming amendments.--
(A) Paragraphs (4) and (6) of section 30B(h) of such Code
are each amended by striking ``(determined without regard to
subsection (g))'' and inserting ``determined without regard
to subsection (f))''.
(B) Section 38(b)(25) of such Code is amended by striking
``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''.
(C) Section 55(c)(2) of such Code is amended by striking
``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''.
(D) Section 1016(a)(36) of such Code is amended by striking
``section 30B(h)(4)'' and inserting ``section 30B(g)(4)''.
(E) Section 6501(m) of such Code is amended by striking
``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''.
(b) Extension of Alternative Vehicle Credit for New
Qualified Hybrid Motor Vehicles.--Paragraph (3) of section
30B(i) of such Code (as redesignated by subsection (a)) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(c) Computation of Credit.--Section 30B of such Code is
amended by striking ``city'' each place it appears and
inserting ``combined''.
(d) Effective Dates.--The amendments made by subsections
(a) and (b) of this section shall apply to property placed in
service after December 31, 2007, in taxable years ending
after such date. The amendments made by subsection (c) shall
apply to vehicles acquired after the date of the enactment of
this Act.
SEC. 506. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING
CREDIT.
(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. 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 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 advanced technology motor vehicles or to produce
eligible components,
``(B) for engineering integration performed in the United
States of such vehicles and components as described in
subsection (d),
``(C) for research and development performed in the United
States related to advanced technology motor vehicles and
eligible components, and
``(D) for employee retraining with respect to the
manufacturing of such vehicles or 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 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) Definitions.--In this section:
``(1) Advanced technology motor vehicle.--The term
`advanced technology motor vehicle' means--
``(A) any qualified electric vehicle (as defined in section
30(c)(1)),
``(B) any new qualified fuel cell motor vehicle (as defined
in section 30B(b)(3)),
``(C) any new advanced lean burn technology motor vehicle
(as defined in section 30B(c)(3)),
``(D) any new qualified hybrid motor vehicle (as defined in
section 30B(d)(2)(A) and determined without regard to any
gross vehicle weight rating),
``(E) any new qualified alternative fuel motor vehicle (as
defined in section 30B(e)(4),
[[Page S8255]]
including any mixed-fuel vehicle (as defined in section
30B(e)(5)(B)), and
``(F) any other motor vehicle using electric drive
transportation technology (as defined in paragraph (3)).
``(2) 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.
``(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) accumulator or other energy storage device;
``(ii) hydraulic pump;
``(iii) hydraulic pump-motor assembly;
``(iv) power control unit; and
``(v) power controls;
``(C) 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
``(D) with respect to any advanced technology motor
vehicle, any other component submitted for approval by the
Secretary.
``(4) 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 motor vehicles or any component parts of such
vehicles.
``(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--
``(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.
``(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 as a credit carryback to each of the 15 taxable years
immediately preceding the unused credit year and as a
carryforward to each of the 20 taxable years immediately
following the unused credit year.
``(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) Allocation of Credit to Purchasers.--
``(1) Election to allocate.--
``(A) In general.--In the case of an eligible taxpayer, any
portion of the credit determined under subsection (a) for the
taxable year may, at the election of such taxpayer, be
apportioned among purchasers of qualifying vehicles from the
taxpayer in the taxable year (or in any year in which the
credit may be carried over).
``(B) Qualifying vehicles.--For purposes of this
subsection, the term `qualifying vehicle' means an advanced
technology vehicle manufactured at a facility described in
subsection (b)(1)(A).
``(C) Form and effect of election.--An election under
subparagraph (A) for any taxable year shall be made on a
timely filed return for such year. Such election, once made,
shall be irrevocable for such taxable year.
``(2) Treatment of taxpayer and purchasers.--The amount of
the credit apportioned to any purchaser under paragraph (1)--
``(A) shall not be included in the amount determined under
subsection (a) with respect to the eligible taxpayer for the
taxable year; and
``(B) shall be treated as an amount determined under
subsection (a) for the taxable year of the purchaser which
ends in the calendar year of purchase.
``(3) Special rules for decrease in credits for taxable
year.--If the amount of the credit of an eligible taxpayer
determined under subsection (a) for a taxable year is less
than the amount of such credit shown on the return of the
taxpayer for such year, an amount equal to the excess of--
``(A) such reduction, over
``(B) the amount not apportioned to such purchasers under
paragraph (1) for the taxable year,
shall be treated as an increase in tax imposed by this
chapter on the eligible taxpayer.
``(4) Written notice to purchasers.--If any portion of the
credit available under subsection (a) is allocated to
purchasers under paragraph (1), the eligible taxpayer shall
provide any purchaser receiving an allocation written notice
of the amount of the allocation. Such notice may be provided
either at the time of purchase or at any time not later than
60 days after the close of the calendar year in which the
vehicle is purchased.
``(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, 2011.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 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(g).''.
(2) Section 6501(m) of such Code is amended by inserting
``30D(k),'' after ``30C(e)(5),''.
(3) 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. 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, 1999.
______
SA 1841. Mr. McCONNELL (for Mr. Coburn) submitted an amendment
intended to be proposed by Mr. McConnell 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. ___. LIMITATIONS ON EXPENSES FOR CONFERENCES AND RELATED
TRAVEL EXPENSES OF FEDERAL AGENCIES.
(a) Definitions.--In this section, the term--
(1) ``agency'' means an Executive agency as defined under
section 105 of title 5, United States Code; and
(2) ``conference''--
(A) means a meeting that--
(i) is held for consultation, education, or discussion;
(ii) includes participants who are not all employees of the
same agency;
(iii) is not held entirely at an agency facility;
[[Page S8256]]
(iv) involves costs associated with travel and lodging for
some participants; and
(v) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination of such
agencies or organizations; and
(B) shall not include any routine meeting between employees
of an agency and individuals who are not Federal employees
that--
(i) is for the purpose of--
(I) the discussion of an ongoing project; or
(II) providing training; or
(ii) is related to international diplomacy or national
security.
(b) Limitations on Annual Conferences and Related Travel
Expenses.--In the case of each of the fiscal years 2008
through 2013, each agency may not make, or obligate to make,
expenditures for conferences including related travel
expenses, in an aggregate amount greater than the amount
determined for that agency under subsection (c)(1).
(c) Office of Management and Budget.--
(1) Maximum amount for each agency.--Subject to paragraph
(2), with respect to each of the fiscal years 2008 through
2013, the Office of Management and Budget shall determine a
maximum amount that each agency may make, or obligate to
make, for expenditures for conferences including related
travel expenses for each fiscal year. The maximum amount
determined under this subparagraph for any agency may vary
from the maximum amount determined under this subparagraph
for any other agency.
(2) Maximum amount for all agencies.--With respect to each
of the fiscal years 2008 through 2013, the total amount that
all agencies may make, or obligate to make, for expenditures
for conferences including related travel expenses may not
exceed $350,000,000.
(3) Identification of travel expenses.--Not later than
September 1, 2007, the Director of the Office of Management
and Budget, after consultation with the Administrator of
General Services, shall establish guidelines for the
determination of what expenses constitute expenses for
conferences including related travel expenses for purposes of
this section.
(d) Limitation on Conferences Outside the United States.--
No agency may pay the travel expenses for more than 50
employees of that agency who are stationed in the United
States, for any conference occurring outside the United
States.
______
SA 1842. Mr. STEVENS (for himself, Ms. Murkowski, Mr. Vitter, and Mr.
Craig) submitted an amendment intended to be proposed by Mr. Stevens
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 --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 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).
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 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 among the eligible activities described in
section --03; and
(5) describe with specificity 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 offshore administrative boundaries of an eligible coastal
State formed by the extension of the seaward lateral
boundaries of the State, calculated using the conventions
established to delimit international lateral boundaries under
the law of the sea, 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 more than 20
percent of the funds made available to a State in each fiscal
year pursuant to this title shall be made available to local
governments of such State, based upon a formula giving equal
weight to coastal population and shoreline miles, 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, coral reefs, 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
native and rural coastal communities threatened by erosion;
(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, coastal estuaries, and lands, life, and
property in the coastal zone;
(8) long-term coastal and ocean research and education,
monitoring, and natural resource management;
(9) regional multi-State management efforts designed to
manage, protect, or restore the coastal zone and ocean
resources; or
(10) management and administration of grants authorized
under this section.
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 non-point sources of coastal pollution;
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
[[Page S8257]]
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) for a purpose described
in section --03.
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.--For fiscal year 2008 and each fiscal year
thereafter, 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 Assistant Administrator of the National Oceanic and
Atmospheric Administration for oceanic and atmospheric
research.
(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 private sector, of which at
least 2 shall be from the commercial fishing industry, to be
appointed by the Secretary of Commerce, of whom 1 shall be
appointed from the East Coast, 1 shall be appointed from the
Gulf of Mexico, 1 shall be appointed from the West Coast, and
1 shall be appointed from Alaska.
(F) 2 representatives of non-profit conservation
organizations, appointed by the Secretary of Commerce.
(G) 2 representatives of academia with strong scientific or
technical credentials and experience in marine affairs,
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)(l)(E), (a)(l)(F), or (a)(l)(G) of this section
is 3 years.
(2) Of the Council members first appointed under subsection
(a)(l)(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)(l)(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 Secretary shall appoint an
individual, who shall serve at the pleasure of the
Secretary--
(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) 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). The Secretary shall establish criteria for
entities who are eligible to submit an application for a
grant under the program, including Federal agencies, State
and local government entities, fishery management
organizations, and non-profit conservation organizations.
(b) Award by Appropriation.--Grants under the program shall
be awarded by appropriations Act on the basis of the
Council's recommendations.
(c) Applications.--An entity that meets the applicant
eligibility criteria established by the Secretary under
subsection (a) may 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; and
(2) describing how the grant proceeds will be allocated
among the eligible purposes described in subsection (d).
(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 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;
(5) mitigation of the effects of offshore activities,
including environmental restoration; and
(6) ocean literacy and education.
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.
______
SA 1843. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1792 proposed by Mr. Stevens (for himself, Ms. Snowe, Mr.
Alexander, Mr. Kerry, Mr. Carper, Mr. Lott, and Mr. Corker) 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
[[Page S8258]]
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 the matter proposed to be inserted, add the
following:
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall
establish and implement an action plan which takes into
consideration the availability of cost effectiveness of
alternative fuels, which will ensure that, beginning with
model year 2015, the percentage of new automobiles for sale
in the United States that are alternative fuel automobiles is
not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following but not limited to--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile; and
(I) any other automobile that uses substantially new
technology and achieves at least 175 percent of the model
year 2002 city fuel economy, as determined by the Secretary
of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
______
SA 1844. Mr. VITTER 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 213, between lines 30 and 31, insert the following:
SEC. 403A. INELIGIBILITY FOR UNITED STATES BIRTHRIGHT
CITIZENSHIP.
(a) In General.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by inserting after
subsection (c) the following:
``(d) Acknowledging that the right of birthright
citizenship mandated under section 1 of the Fourteenth
Amendment to the United States Constitution applies only to
children born in the United States to a parent who is subject
to the full and exclusive jurisdiction of the United States,
a person born in the United States shall not be considered to
be `subject to the jurisdiction of the United States' for
purposes of section 301(a) if the person was born in the
United States to parents who are not legally present in the
United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to people born on or after the date of the
enactment of this Act.
______
SA 1845. Mr. VITTER 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 4, between lines 3 and 4, insert the following:
(7) US-VISIT system.--The integrated entry and exit data
system required under section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a), which was required to be implemented not later than
December 21, 2005, has been fully implemented and is
functioning at every land, sea, and air port of entry into
the United States.
______
SA 1846. Mr. VITTER 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 1847. Mr. ENSIGN 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 607 and insert the following:
SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.
(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsections:
``(d)(1) Except as provided in paragraph (2)--
``(A) no quarter of coverage shall be credited for purposes
of this section if, with respect to any individual who is
assigned a social security account number on or after the
date of enactment of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, such quarter of coverage
is earned prior to the year in which such social security
account number is assigned; and
``(B) no quarter of coverage shall be credited for purposes
of this section for any calendar year, with respect to an
individual who is not a natural-born United States citizen,
unless the Commissioner of Social Security determines, on the
basis of information provided to the Commissioner in
accordance with an agreement entered into under subsection
(e) or otherwise, that the individual was authorized to be
employed in the United States during such quarter.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).
``(e) Not later than 180 days after the date of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, the Secretary of Homeland Security shall enter into an
agreement with the Commissioner of Social Security to provide
such information as the Commissioner determines necessary to
carry out the limitations on crediting quarters of coverage
under subsection (d), however, this provision shall not be
construed to establish an effective date for purposes of this
section.
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.
(c) Effective Date.--The amendments made by this section
shall be effective as of the date of enactment of this Act.
______
SA 1848. Mr. ENSIGN 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:
In section 602(a), strike paragraph (6).
Beginning on page 646, strike line 17 and all that follows
through page 647 line 6.
______
SA 1849. Mr. ENSIGN 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:
In section 602(a), strike paragraph (6).
______
SA 1850. Mr. ENSIGN 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 rdered to lie on the table; as
follows:
Beginning on page 646, strike line 17 and all that follows
through page 647 line 6.
______
SA 1851. Mr. ENSIGN 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 524, strike line 1 and all that follows
through page 525, line 6.
On page 527 in the table preceding line 1, strike the items
relating to supplemental schedule for Zs.
Beginning on page 542, strike line 20 and all that follows
through page 543 line 25.
______
SA 1852. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 639, to provide for comprehensive immigration reform
and for other purposes; which was rdered to lie on the table; as
follows:
Beginning on page 524, strike line 1 and all that follows
through page 525, line 6.
______
SA 1853. Mr. ENSIGN submitted an amendment intended to be proposed by
[[Page S8259]]
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 542, strike line 20 and all that follows
through page 543 line 25.
______
SA 1854. Mr. ENSIGN 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 658, strike line 20 and all that follows
through page 659, line 21 and insert the following:
(----) Payment of Income Taxes--
(i) In general.--Not later than the date on which status is
adjusted under this section, the alien establishes the
payment of any applicable Federal tax liability and State and
Local tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.
(ii) Definitions--
(I) Applicable federal tax liability--For purposes of
clause (i), the term `applicable Federal tax liability' means
liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required by subparagraph (D)(i) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
(II) State and local tax liability--For purposes of clause
(i), `State and Local tax liability' means any tax liability,
including penalties and interest, due to any State or Local
jurisdiction in which the alien worked prior to being issued
a probationary Z visa pursuant to Section 601 of this Act, if
such State or Local jurisdiction establishes a program by
which aliens who are issued such visa are required to pay
such tax liability.
(iii) IRS cooperation-- The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
(iv) Limitation--Provided further that an alien required to
pay taxes under this subparagraph, or who otherwise satisfies
the requirements of clause (i), shall not be allowed to
collect any tax refund for any taxable year prior to 2007, or
to file any claim for the Earned Income Tax Credit, or any
other tax credit otherwise allowable under the tax code,
prior to such taxable year.
______
SA 1855. Mr. ENSIGN 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 in title VII, strike the section
that requires the Secretary of Education to develop an
Internet-based English Learning Program.
______
SA 1856. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1786 submitted by Mr. Biden (for himself and Mr. Lugar)
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:
At the appropriate place, add the following:
SEC. 7__. SENSE OF SENATE REGARDING THE NEED FOR THE UNITED
STATES TO ADDRESS GLOBAL CLIMATE CHANGE.
(a) Findings.--Congress finds that--
(1) global climate change has become a widely discussed
concern on both the national and international level;
(2) efforts to reduce greenhouse gases globally are best
achieved through cooperation and active participation from
the largest-emitting countries;
(3) global greenhouse gas emissions are projected to
increase 25 to 90 percent during the period of calendar years
2000 through 2030, with up to 75 percent of that increase
coming from emerging markets;
(4) the emissions from both the developed and developing
countries are key components of overall global emissions;
(5) China is expected to surpass the United States in
emissions of greenhouse gases within the year;
(6) on June 7, 2007, the G8 issued a Summit Declaration
entitled ``Growth and Responsibility in the World Economy''
declaring its current approach to addressing global climate
change;
(7) on June 8, 2007, the G8 and the governments of Brazil
China, India, Mexico and South Africa issued a joint
statement declaring a cooperative approach to addressing
global climate change;
(8) the G8 has committed to enhancing energy efficiency,
diversifying energy supplies and developing and deploying new
and transformational technologies;
(9) the United States has committed to building upon the
successful Asia-Pacific Partnership in reaching out to
industry participation in meeting the goals of the G8
declaration addressing climate and energy;
(10) the G8 has declared that frameworks to address climate
change ``must address not only climate change but also energy
security, economic growth, and sustainable development
objectives in an integrated approach'';
(11) the United States has committed to working with
emerging markets to develop a stronger program of measuring
performance and making data more transparent so that
measurement standards are comparable across countries;
(12) the United States has committed to leading the way to
the development of a new framework on climate change for the
time after the Kyoto Protocol expires in 2012 by trying to
find consensus among the 15 countries that are responsible
for the most energy use and greenhouse gas emissions;
(13) the G8 has endorsed the convening in the United States
of such a meeting this year to engage major emitting
economies on how best to address climate change, developing a
framework by the end of 2008;
(14) the G8 agreed that this dialogue will support the UN
climate process and report back to the UNFCCC, contributing
to a global agreement under the UNFCCC by 2009; and
(15) the United States led the effort to craft a new
approach adopted by the G8 that frames climate change within
a broader context of energy security and economic growth--an
approach strongly supported by major emerging markets.
(b) Sense of Senate.--It is the sense of the Senate that
the United States should continue its leadership role in
addressing climate change, clean energy development and
deployment, and energy security on an international scale
by--
(1) participating in further negotiations regarding a post-
Kyoto agreement--
(A) in accordance with the principles laid out by the G8 in
the Summit Declaration entitled ``Growth and Responsibility
in the World Economy;''
(B) through which it leads efforts to obtain constructive
participation and comparable actions by major emerging
economies;
(C) to develop an international approach that enhances
energy security;
(D) that promotes economic growth, does not harm the United
States economy, and produces emissions reductions; and
(E) that achieves its objectives though development and
investment in advanced technologies and practices; and
(2) establishing a bipartisan observer group, the members
of which shall be designated by the Majority Leader and
Minority Leader of the Senate--
(A) to monitor any international negotiations, agreements,
or other arrangements on climate change; and
(B) to 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 1857. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1787 submitted by Mr. Biden (for himself and Mr. Lugar)
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:
At the appropriate place, add the following:
SEC. 7__. SENSE OF SENATE REGARDING THE NEED FOR THE UNITED
STATES TO ADDRESS GLOBAL CLIMATE CHANGE.
(a) Findings.--Congress finds that--
(1) global climate change has become a widely discussed
concern on both the national and international level;
(2) efforts to reduce greenhouse gases globally are best
achieved through cooperation and active participation from
the largest-emitting countries;
(3) global greenhouse gas emissions are projected to
increase 25 to 90 percent during the period of calendar years
2000 through 2030, with up to 75 percent of that increase
coming from emerging markets;
(4) the emissions from both the developed and developing
countries are key components of overall global emissions;
(5) China is expected to surpass the United States in
emissions of greenhouse gases within the year;
(6) on June 7, 2007, the G8 issued a Summit Declaration
entitled ``Growth and Responsibility in the World Economy''
declaring its current approach to addressing global climate
change;
(7) on June 8, 2007, the G8 and the governments of Brazil
China, India, Mexico and
[[Page S8260]]
South Africa issued a joint statement declaring a cooperative
approach to addressing global climate change;
(8) the G8 has committed to enhancing energy efficiency,
diversifying energy supplies and developing and deploying new
and transformational technologies;
(9) the United States has committed to building upon the
successful Asia-Pacific Partnership in reaching out to
industry participation in meeting the goals of the G8
declaration addressing climate and energy;
(10) the G8 has declared that frameworks to address climate
change ``must address not only climate change but also energy
security, economic growth, and sustainable development
objectives in an integrated approach'';
(11) the United States has committed to working with
emerging markets to develop a stronger program of measuring
performance and making data more transparent so that
measurement standards are comparable across countries;
(12) the United States has committed to leading the way to
the development of a new framework on climate change for the
time after the Kyoto Protocol expires in 2012 by trying to
find consensus among the 15 countries that are responsible
for the most energy use and greenhouse gas emissions;
(13) the G8 has endorsed the convening in the United States
of such a meeting this year to engage major emitting
economies on how best to address climate change, developing a
framework by the end of 2008;
(14) the G8 agreed that this dialogue will support the UN
climate process and report back to the UNFCCC, contributing
to a global agreement under the UNFCCC by 2009; and
(15) the United States led the effort to craft a new
approach adopted by the G8 that frames climate change within
a broader context of energy security and economic growth--an
approach strongly supported by major emerging markets.
(b) Sense of Senate.--It is the sense of the Senate that
the United States should continue its leadership role in
addressing climate change, clean energy development and
deployment, and energy security on an international scale
by--
(1) participating in further negotiations regarding a post-
Kyoto agreement--
(A) in accordance with the principles laid out by the G8 in
the Summit Declaration entitled ``Growth and Responsibility
in the World Economy;''
(B) through which it leads efforts to obtain constructive
participation and comparable actions by major emerging
economies;
(C) to develop an international approach that enhances
energy security;
(D) that promotes economic growth, does not harm the United
States economy, and produces emissions reductions; and
(E) that achieves its objectives though development and
investment in advanced technologies and practices; and
(2) establishing a bipartisan observer group, the members
of which shall be designated by the Majority Leader and
Minority Leader of the Senate--
(A) to monitor any international negotiations, agreements,
or other arrangements on climate change; and
(B) to 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 1858. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1792 proposed by Mr. Stevens (for himself, Ms. Snowe, Mr.
Alexander, Mr. Kerry, Mr. Carper, Mr. Lott, and Mr. Corker) 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 the matter proposed to be inserted, add the
following:
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall
establish and implement an action plan which takes into
consideration the availability of alternative fuel and cost
effectiveness of technologies, which will ensure that,
beginning with model year 2015, the percentage of new
automobiles for sale in the United States that are
alternative fuel automobiles is not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following, but is not limited
to--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile;
(I) a diesel-fueled automobile; and
(J) any other automobile that uses substantially new
technology and achieves at least 175 percent of the model
year 2002 city fuel economy, as determined by the Secretary
of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
______
SA 1859. Mr. KERRY 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
[[Page S8261]]
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) 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
[[Page S8262]]
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;
``(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
[[Page S8263]]
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 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.--
[[Page S8264]]
(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).
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall
establish and implement an action plan which takes into
consideration the availability of alternative fuel and cost
effectiveness of technologies, which will ensure that,
beginning with model year 2015, the percentage of new
automobiles for sale in the United States that are
alternative fuel automobiles is not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following, but is not limited
to--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile;
(I) a diesel-fueled automobile; and
(J) any other automobile that uses substantially new
technology and achieves at least 175 percent of the model
year 2002 city fuel economy, as determined by the Secretary
of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
______
SA 1860. Mr. KERRY 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
[[Page S8265]]
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.''.
(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) 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--
[[Page S8266]]
(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. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall
establish and implement an action plan which takes into
consideration the availability of alternative fuel and cost
effectiveness of technologies, which will ensure that,
beginning with model year 2015, the percentage of new
automobiles for sale in the United States that are
alternative fuel automobiles is not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following, but is not limited
to--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile;
(I) a diesel-fueled automobile; and
(J) any other automobile that uses substantially new
technology and achieves at least 175 percent of the model
year 2002 city fuel economy, as determined by the Secretary
of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
______
SA 1861. Mr. KERRY 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:
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--
[[Page S8267]]
``(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.''.
(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
[[Page S8268]]
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) 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;
(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
[[Page S8269]]
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. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall
establish and implement an action plan which takes into
consideration the availability of alternative fuel and cost
effectiveness of technologies, which will ensure that,
beginning with model year 2015, the percentage of new
automobiles for sale in the United States that are
alternative fuel automobiles is not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following, but is not limited
to--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile;
(I) a diesel-fueled automobile; and
(J) any other automobile that uses substantially new
technology and achieves at least 175 percent of the model
year 2002 city fuel economy, as determined by the Secretary
of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
______
SA 1862. Mr. VITTER 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 3, strike lines 5 through 12, and insert the
following:
(3) Catch and return.--The Department of Homeland Security
is detaining all removable aliens apprehended crossing the
southern border, except as specifically mandated by law, and
United States Immigration and Customs Enforcement (ICE) has
the resources to maintain this practice, including resources
to detain up to 45,000 aliens per day on an annual basis.
______
SA 1863. Mr. VITTER 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 the first title VI (relating to Nonimmigrants in the
United States previously in unlawful status).
______
SA 1864. Mr. VITTER 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 2, line 26, strike ``20,000'' and insert ``23,000''
______
SA 1865. Mr. VITTER 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) Secure Fence Act of 2007.--Notwithstanding subsection
(a) or any other provision of law, this Act and the
amendments made by this Act shall not take effect until the
President certifies to the Congress that the Secretary of
Homeland Security has taken all actions necessary to comply
with the provisions of, and the amendments made by, the
Secure Fence Act of 2006 (Public Law 109-367; 120 Stat.
2638), including completing the installation of all fencing
and barriers required by such provisions and amendments.
______
SA 1866. Mr. VITTER 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 2, beginning on line 5, strike ``the probationary
benefits conferred by section 601(h),''
____________________