S.Amdt. 5131

1. Adds SEC. __. TAX CREDIT FOR ALTERNATIVE JET FUEL at the end of the bill

   Adds a section

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: SEC. __. TAX CREDIT FOR ALTERNATIVE JET FUEL.

   Inserted: (a) Credit.--

   Inserted: (1) Allowance of credit.--Section 6426 of the Internal Revenue Code of 1986 is amended by redesignating subsections (f) through (h) as subsections (h) through (i), respectively, and by inserting after subsection (e) the following new subsections:

   Inserted: "(f) Alternative Jet Fuel Credit.--

   Inserted: "(1) In general.--For purposes of this section, the alternative jet fuel credit is the product of $1.00 and the number of gallons of alternative jet fuel or gasoline gallon equivalents (as defined in subsection (d)(3)) of a nonliquid alternative jet fuel sold by the taxpayer for use as a fuel in an aircraft, or so used by the taxpayer.

   Inserted: "(2) Alternative jet fuel.--For purposes of this section, the term 'alternative jet fuel' means an alternative fuel--

   Inserted: "(A) which meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel, and

   Inserted: "(B) the lifecycle greenhouse gas emissions associated with the production and combustion of which are less than or equal to such emissions associated with the production and combustion of aviation fuel produced from conventional petroleum sources, as determined by peer-reviewed research conducted or reviewed by a National Laboratory or as determined by the head of a Federal agency.

   Inserted: "(3) Termination.--This subsection shall not apply to any sale or use for any period after September 30, 2014.

   Inserted: "(g) Alternative Jet Fuel Mixture Credit.--

   Inserted: "(1) In general.--For purposes of this section, the alterative jet fuel mixture credit is the product of $1.00 and the number of gallons of alternative jet fuel used by the taxpayer in producing any alternative jet fuel mixture for sale or use in a trade or business of the taxpayer.

   Inserted: "(2) Alternative jet fuel mixture.--For purposes of this section, the term 'alternative jet fuel mixture' means a mixture of alternative jet fuel and aviation gasoline or kerosene which--

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   Inserted: "(A) is sold by the taxpayer producing such mixture to any person for use as a fuel in an aircraft, or

   Inserted: "(B) is used as a fuel in an aircraft by the taxpayer producing such mixture

   Inserted: "(3) Termination.--This subsection shall not apply to any sale or use for any period after September 30, 2014.".

   Inserted: (2) Conforming amendments.--

   Inserted: (A) Section 6426(a) of the Internal Revenue Code of 1986 is amended--

   Inserted: (i) in paragraph (1), by striking "and (e)" and inserting "(e), and (g)",

   Inserted: (ii) in paragraph (2), by striking "subsection (d)" and inserting "subsections (d) and (f)", and

   Inserted: (iii) in the second sentence, by striking "subsections (d) and (e)" and inserting "subsections (d), (e), (f), and (g)".

   Inserted: (B) Section 6426(e)(2) of such Code is amended by adding at the end the following new flush sentence: "Such term does not include any alternative jet fuel mixture.".

   Inserted: (C) Section 6426(i) of such Code, as redesignated by paragraph (1), is amended by striking "subsections (d) and (e)" and inserting "subsections (d), (e), (f), and (g)".

   Inserted: (b) Payments.--

   Inserted: (1) In general.--Paragraph (2) of section 6427(e) of the Internal Revenue Code of 1986 is amended--

   Inserted: (A) by inserting ", or if such person sells or uses an alternative jet fuel (as defined in section 6526(f)(2)) for a purpose described in section 6426(f)(1) in such person's trade or business" after "trade or business", and

   Inserted: (B) in the heading, by inserting "; alternative jet fuel" after "fuel".

   Inserted: (2) Registration.--Paragraph (4) of section 6427(e) of such Code is amended by striking "or alternative fuel mixture credit" and inserting ", alternative fuel mixture credit, alternative jet fuel credit, or alternative jet fuel mixture credit".

   Inserted: (3) Termination.--Paragraph (5) of section 6427(e) of such Code is amended by striking "and" at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting "and", and by adding at the end the following new subparagraph:

   Inserted: "(E) any alternative jet fuel or alternative jet fuel mixture (as defined in subsection (f)(2) or (g)(2) of section 6426) sold or used after December 31, 2014.".

   Inserted: (c) Time for Filing Claims.--Section 6427(i)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting "or an alternative jet fuel (as defined in section 6426(f)(2))" after "6426(d)(2))".

   Inserted: (d) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act.

   Inserted: SEC. __. ADVANCED BATTERIES FOR ELECTRIC DRIVE VEHICLES.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Advanced battery.--The term "advanced battery" means an electrical storage device that is suitable for a vehicle application.

   Inserted: (2) Engineering integration costs.--The term "engineering integration costs" includes the cost of engineering tasks relating to--

   Inserted: (A) the incorporation of qualifying components into the design of an advanced battery; and

   Inserted: (B) the design of tooling and equipment and the development of manufacturing processes and material for suppliers of production facilities that produce qualifying components or advanced batteries.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (b) Advanced Battery Research and Development.--

   Inserted: (1) In general.--The Secretary shall--

   Inserted: (A) expand and accelerate research and development efforts for advanced batteries; and

   Inserted: (B) emphasize lower cost means of producing abuse-tolerant advanced batteries with the appropriate balance of power and energy capacity to meet market requirements.

   Inserted: (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2010 through 2014.

   Inserted: (c) Direct Loan Program.--

   Inserted: (1) In general.--Subject to the availability of appropriated funds, not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a program to provide a total of not more than $250,000,000 in loans to eligible individuals and entities for not more than 30 percent of the costs of 1 or more of--

   Inserted: (A) reequipping a manufacturing facility in the United States to produce advanced batteries;

   Inserted: (B) expanding a manufacturing facility in the United States to produce advanced batteries; or

   Inserted: (C) establishing a manufacturing facility in the United States to produce advanced batteries.

   Inserted: (2) Eligibility.--

   Inserted: (A) In general.--To be eligible to obtain a loan under this subsection, an individual or entity shall--

   Inserted: (i) be financially viable without the receipt of additional Federal funding associated with a proposed project under this subsection;

   Inserted: (ii) provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and

   Inserted: (iii) meet such other criteria as may be established and published by the Secretary.

   Inserted: (B) Consideration.--In selecting eligible individuals or entities for loans under this subsection, the Secretary may consider whether the proposed project of an eligible individual or entity under this subsection would--

   Inserted: (i) reduce manufacturing time;

   Inserted: (ii) reduce manufacturing energy intensity;

   Inserted: (iii) reduce negative environmental impacts or byproducts; or

   Inserted: (iv) increase spent battery or component recycling

   Inserted: (3) Rates, terms, and repayment of loans.--A loan provided under this subsection--

   Inserted: (A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity;

   Inserted: (B) shall have a term that is equal to the lesser of--

   Inserted: (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; or

   Inserted: (ii) 25 years; and

   Inserted: (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary.

   Inserted: (4) Period of availability.--A loan under this subsection shall be available for--

   Inserted: (A) facilities and equipment placed in service before December 30, 2020; and

   Inserted: (B) engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020.

   Inserted: (5) Fees.--The cost of administering a loan made under this subsection shall not exceed $100,000.

   Inserted: (6) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2009 through 2013.

   Inserted: (d) Sense of the Senate on Purchase of Plug-in Electric Drive Vehicles.--It is the sense of the Senate that, to the maximum extent practicable, the Federal Government should implement policies to increase the purchase of plug-in electric drive vehicles by the Federal Government.

   Original wording

   At the end, add the following:

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