[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1093 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1093

 To amend the Internal Revenue Code of 1986 to provide tax incentives 
 for increasing motor vehicle fuel efficiency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

   Mr. Wyden introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide tax incentives 
 for increasing motor vehicle fuel efficiency, and for other purposes.

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

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Oil Independence, 
Limiting Subsidies, and Accelerating Vehicle Efficiency Act'' or the 
``OILSAVE Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
(relating to other credits) is amended by inserting after section 30D 
the following new section:

``SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.

    ``(a) Allowance of Credit.--
            ``(1) In general.--There shall be allowed as a credit 
        against the tax imposed by this chapter for the taxable year an 
        amount equal to the amount determined under paragraph (2) with 
        respect to any new qualified fuel-efficient motor vehicle 
        placed in service by the taxpayer during the taxable year.
            ``(2) Credit amount.--With respect to each new qualified 
        fuel-efficient motor vehicle, the amount determined under this 
        paragraph shall be equal to--
                    ``(A) in the case of any vehicle manufactured in 
                model year 2011, the applicable amount determined in 
                accordance with the table contained in paragraph (3), 
                and
                    ``(B) in the case of any passenger automobile or 
                non-passenger automobile manufactured in a model year 
                after 2011, the lesser of--
                            ``(i) the sum of--
                                    ``(I) $900, plus
                                    ``(II) $100 for each whole mile per 
                                gallon in excess of 110 percent of the 
                                respective industry-wide average fuel 
                                economy standard for such model year 
                                for all passenger automobiles and all 
                                non-passenger automobiles, or
                            ``(ii) $2,500.
            ``(3) Applicable amount.--For purposes of paragraph (2)(A), 
        the applicable amount shall be determined as follows:
                    ``(A) In the case of a passenger automobile which 
                achieves:


------------------------------------------------------------------------
                                                          The applicable
                 ``The fuel economy of:                     amount is:
------------------------------------------------------------------------
At least 33.2 but less than 34.2.......................            $900
At least 34.2 but less than 35.2.......................          $1,000
At least 35.2 but less than 36.2.......................          $1,100
At least 36.2 but less than 37.2.......................          $1,200
At least 37.2 but less than 38.2.......................          $1,300
At least 38.2 but less than 39.2.......................          $1,400
At least 39.2 but less than 40.2.......................          $1,500
At least 40.2 but less than 41.2.......................          $1,600
At least 41.2 but less than 42.2.......................          $1,700
At least 42.2 but less than 43.2.......................          $1,800
At least 43.2 but less than 44.2.......................          $1,900
At least 44.2 but less than 45.2.......................          $2,000
At least 45.2 but less than 46.2.......................          $2,100
At least 46.2 but less than 47.2.......................          $2,200
At least 47.2 but less than 48.2.......................          $2,300
At least 48.2 but less than 49.2.......................          $2,400
At least 49.2..........................................         $2,500.
------------------------------------------------------------------------

                    ``(B) In the case of a non-passenger automobile 
                which achieves:


------------------------------------------------------------------------
                                                          The applicable
                 ``The fuel economy of:                     amount is:
------------------------------------------------------------------------
At least 26.5 but less than 27.5.......................            $900
At least 27.5 but less than 28.5.......................          $1,000
At least 28.5 but less than 29.5.......................          $1,100
At least 29.5 but less than 30.5.......................          $1,200
At least 30.5 but less than 31.5.......................          $1,300
At least 31.5 but less than 32.5.......................          $1,400
At least 32.5 but less than 33.5.......................          $1,500
At least 33.5 but less than 34.5.......................          $1,600
At least 34.5 but less than 35.5.......................          $1,700
At least 35.5 but less than 36.5.......................          $1,800
At least 36.5 but less than 37.5.......................          $1,900
At least 37.5 but less than 38.5.......................          $2,000
At least 38.5 but less than 39.5.......................          $2,100
At least 39.5 but less than 40.5.......................          $2,200
At least 40.5 but less than 41.5.......................          $2,300
At least 41.5 but less than 42.5.......................          $2,400
At least 42.5..........................................         $2,500.
------------------------------------------------------------------------

    ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of 
this section, the term `new qualified fuel-efficient motor vehicle' 
means a passenger automobile or non-passenger automobile--
            ``(1) which is treated as a motor vehicle for purposes of 
        title II of the Clean Air Act,
            ``(2) which--
                    ``(A) in the case of a passenger automobile, 
                achieves a fuel economy of not less than 110 percent of 
                the industry-wide average fuel economy standard for the 
                model year for all passenger automobiles, and
                    ``(B) in the case of a non-passenger automobile, 
                achieves a fuel economy of not less than 110 percent of 
                the industry-wide average fuel economy standard for the 
                model year for all non-passenger automobiles,
            ``(3) which has a gross vehicle weight rating of less than 
        14,000 pounds,
            ``(4) the original use of which commences with the 
        taxpayer,
            ``(5) which is acquired for use or lease by the taxpayer 
        and not for resale, and
            ``(6) which is made by a manufacturer during the period 
        beginning with model year 2011 and ending with model year 2020.
    ``(c) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to property of a 
        character subject to an allowance for depreciation shall be 
        treated as a credit listed in section 38(b) for such taxable 
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--
                    ``(A) In general.--For purposes of this title, the 
                credit allowed under subsection (a) for any taxable 
                year (determined after application of paragraph (1)) 
                shall be treated as a credit allowable under subpart A 
                for such taxable year.
                    ``(B) Limitation based on amount of tax.--In the 
                case of a taxable year to which section 26(a)(2) does 
                not apply, the credit allowed under subsection (a) for 
                any taxable year (determined after application of 
                paragraph (1)) shall not exceed the excess of--
                            ``(i) the sum of the regular tax liability 
                        (as defined in section 26(b)) plus the tax 
                        imposed by section 55, over
                            ``(ii) the sum of the credits allowable 
                        under subpart A (other than this section and 
                        sections 23, 25D, 30, and 30D) and section 27 
                        for the taxable year.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Manufacturer.--The term `manufacturer' has the 
        meaning given such term in regulations prescribed by the 
        Administrator of the Environmental Protection Agency for 
        purposes of the administration of title II of the Clean Air Act 
        (42 U.S.C. 7521 et seq.).
            ``(2) Model year.--The term `model year' has the meaning 
        given such term under section 32901(a) of such title 49.
            ``(3) Motor vehicle.--The term `motor vehicle' means any 
        vehicle which is manufactured primarily for use on public 
        streets, roads, and highways (not including a vehicle operated 
        exclusively on a rail or rails) and which has at least 4 
        wheels.
            ``(4) Fuel economy; average fuel economy standard.--The 
        terms `fuel economy' and `average fuel economy standard' have 
        the meanings given such terms under section 32901 of such title 
        49.
    ``(e) Special Rules.--
            ``(1) Basis reduction.--For purposes of this subtitle, the 
        basis of any property for which a credit is allowable under 
        subsection (a) shall be reduced by the amount of such credit so 
        allowed.
            ``(2) No double benefit.--The amount of any deduction or 
        other credit allowable under this chapter for a new qualified 
        fuel-efficient motor vehicle shall be reduced by the amount of 
        credit allowed under subsection (a) for such vehicle.
            ``(3) Credit may be transferred.--
                    ``(A) In general.--A taxpayer may, in connection 
                with the purchase of a new qualified fuel-efficient 
                motor vehicle, transfer any credit allowable under 
                subsection (a) to any person who is in the trade or 
                business of selling new qualified fuel-efficient motor 
                vehicles, but only if such person clearly discloses to 
                such taxpayer, through the use of a window sticker 
                attached to the new qualified fuel-efficient vehicle--
                            ``(i) the amount of any credit allowable 
                        under subsection (a) with respect to such 
                        vehicle (determined without regard to 
                        subsection (c)), and
                            ``(ii) a notification that the taxpayer 
                        will not be eligible for any credit under 
                        section 30, 30B, or 30D with respect to such 
                        vehicle unless the taxpayer elects not to have 
                        this section apply with respect to such 
                        vehicle.
                    ``(B) Consent required for revocation.--Any 
                transfer under subparagraph (A) may be revoked only 
                with the consent of the Secretary.
                    ``(C) Regulations.--The Secretary may prescribe 
                such regulations as necessary to ensure that any credit 
                described in subparagraph (A) is claimed once and not 
                retransferred by a transferee.
            ``(4) Property used outside united states not qualified.--
        No credit shall be allowable under subsection (a) with respect 
        to any property referred to in section 50(b)(1).
            ``(5) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit of any credit allowable 
        under subsection (a) with respect to any property which ceases 
        to be property eligible for such credit.
            ``(6) Election not to take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the taxpayer 
        elects to not have this section apply to such vehicle.
            ``(7) Interaction with air quality and motor vehicle safety 
        standards.--A motor vehicle shall not be considered eligible 
        for a credit under this section unless such vehicle is in 
        compliance with--
                    ``(A) the applicable provisions of the Clean Air 
                Act for the applicable make and model year of the 
                vehicle (or applicable air quality provisions of State 
                law in the case of a State which has adopted such 
                provision under a waiver under section 209(b) of the 
                Clean Air Act), and
                    ``(B) the motor vehicle safety provisions of 
                sections 30101 through 30169 of title 49, United States 
                Code.
    ``(f) Termination.--This section shall not apply to property placed 
in service after December 31, 2020.''.
    (b) Credit Allowed Against Alternative Minimum Tax.--
            (1) Business credit.--Section 38(c)(4)(B) is amended by 
        redesignating clauses (i) through (viii) as clauses (ii) 
        through (ix), respectively, and by inserting before clause (ii) 
        (as so redesignated) the following new clause:
                            ``(i) the credit determined under section 
                        30E,''.
            (2) Personal credit.--
                    (A) Section 24(b)(3)(B) is amended by striking 
                ``and 30D'' and inserting ``30D, and 30E''.
                    (B) Section 25(e)(1)(C)(ii) is amended by inserting 
                ``30E,'' after ``30D,''.
                    (C) Section 25B(g)(2) is amended by striking ``and 
                30D'' and inserting ``30D, and 30E''.
                    (D) Section 26(a)(1) is amended by striking `` and 
                30D'' and inserting ``30D, and 30E''.
                    (E) Section 904(i) is amended by striking ``and 
                30D'' and inserting ``30D, and 30E''.
    (c) Conforming Amendments.--
            (1) Section 38(a) is amended by striking ``plus'' at the 
        end of paragraph (34), by striking the period at the end of 
        paragraph (35) and inserting ``, plus'', and by adding at the 
        end the following new paragraph:
            ``(36) the portion of the new qualified fuel-efficient 
        motor vehicle credit to which section 30E(c)(1) applies.''.
            (2) Section 1016(a) 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(e)(1).''.
            (3) Section 6501(m) is amended by inserting ``30E(e)(6),'' 
        after ``30D(e)(4),''.
            (4) The table of section for subpart C of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 30D the following new item:

``Sec. 30E. Fuel-efficient motor vehicle credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2009.

SEC. 3. CREDIT FOR FUEL SAVINGS COMPONENTS FOR CERTAIN VEHICLES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
(relating to business-related credits) is amended by adding at the end 
the following new section:

``SEC. 45R. CREDIT FOR FUEL SAVINGS COMPONENTS FOR CERTAIN VEHICLES.

    ``(a) General Rule.--For purposes of section 38, the fuel savings 
tax credit determined under this section for the taxable year is an 
amount equal to the applicable percentage of the amount paid or 
incurred for 1 or more qualifying fuel savings components placed in 
service on a qualifying vehicle by the taxpayer during the taxable 
year.
    ``(b) Applicable Percentage.--For purposes of subsection (a), the 
applicable percentage is equal to the sum of--
            ``(1) 5 percent, plus
            ``(2) 5 percentage points (not to exceed 45 percentage 
        points), for each percent in excess of 2 percent by which the 
        fuel economy achieved by the qualifying vehicle with 1 or more 
        qualifying fuel savings components exceeds such qualifying 
        vehicle without such component or components.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualifying fuel savings component.--The term 
        `qualifying fuel savings component' means any device or system 
        of devices that--
                    ``(A) is installed on a qualifying vehicle,
                    ``(B) is designed to increase the fuel economy of 
                such vehicle by at least 2 percent, the amount of such 
                increase to be verified by the Administrator of the 
                Environmental Protection Agency under the SmartWay 
                Transport Partnership,
                    ``(C) the original use of which commences with the 
                taxpayer,
                    ``(D) is acquired for use by the taxpayer and not 
                for resale, and
                    ``(E) has not been taken into account for purposes 
                of determining the credit under this section for any 
                preceding taxable year with respect to such qualifying 
                vehicle.
            ``(2) Qualifying vehicle.--The term `qualifying vehicle' 
        means any vehicle subject to transportation fuels regulations 
        under the Clean Air Act.
            ``(3) Fuel economy.--The term `fuel economy' has the 
        meaning given such term under section 32901 of such title 49.
    ``(d) Special Rules.--
            ``(1) No double benefit.--
                    ``(A) 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.
                    ``(B) Other deductions and credits.--The amount of 
                any deduction or other credit allowable under this 
                chapter for a qualifying vehicle shall be reduced by 
                the amount of credit allowed under subsection (a) with 
                respect to such vehicle.
            ``(2) Credit may be transferred.--
                    ``(A) In general.--A taxpayer may, in connection 
                with the purchase of a qualifying fuel savings 
                component, transfer any credit allowable under 
                subsection (a) to any person who is in the trade or 
                business of selling such components, but only if such 
                person clearly discloses to such taxpayer, through the 
                use of a sticker attached to the qualifying fuel 
                savings component, the amount of any credit allowable 
                under subsection (a) with respect to such component.
                    ``(B) Consent required for revocation.--Any 
                transfer under subparagraph (A) may be revoked only 
                with the consent of the Secretary.
                    ``(C) Regulations.--The Secretary may prescribe 
                such regulations as necessary to ensure that any credit 
                described in subparagraph (A) is claimed once and not 
                retransferred by a transferee.
            ``(3) Election not to claim credit.--No credit shall be 
        allowed under subsection (a) for any component if the taxpayer 
        elects to not have this section apply to such component.
    ``(e) Termination.--This section shall not apply to property placed 
in service after December 31, 2020.''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b) 
of section 38 (relating to general business credit), as amended by this 
Act, is amended by striking ``plus'' at the end of paragraph (35), by 
striking the period at the end of paragraph (36) and inserting ``, 
plus'' , and by adding at the end the following new paragraph:
            ``(37) the fuel savings tax credit determined under section 
        45R(a).''.
    (c) Conforming Amendments.--
            (1) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 45Q the following new item:

``Sec. 45R. Credit for fuel savings components for certain vehicles and 
                            engines.''.
            (2) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (37), by striking the 
        period at the end of paragraph (38) and inserting ``, and'', 
        and by adding at the end the following:
            ``(39) in the case of a component with respect to which a 
        credit was allowed under section 45R, to the extent provided in 
        section 45R(d)(1)(A).''.
            (3) Section 6501(m), as amended by this Act, is amended by 
        inserting ``45R(d)(3)'' after ``45H(g)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2009, in taxable 
years ending after such date.

SEC. 4. INCREASE IN GAS GUZZLER TAX.

    (a) In General.--Subsection (a) of section 4064 (relating to gas 
guzzler tax) is amended to read as follows:
    ``(a) Imposition of Tax.--
            ``(1) In general.--There is hereby imposed on the sale by 
        the manufacturer of each automobile a tax equal to--
                    ``(A) in the case of any automobile manufactured in 
                model year 2011, the applicable tax amount determined 
                in accordance with the table contained in paragraph 
                (2), and
                    ``(B) in the case of any automobile manufactured in 
                a model year after 2011, if the fuel economy of the 
                model type in which such automobile falls is less than 
                80 percent of the industry-wide average fuel economy 
                standard for such model year for all automobiles, an 
                amount equal to the lesser of--
                            ``(i) an amount based on each mile per 
                        gallon reduction below such 80 percent equal 
                        to_
                                    ``(I) $1,000 for the first mile per 
                                gallon reduction, or
                                    ``(II) an aggregate amount equal to 
                                125 percent of the previous dollar 
                                amount for each additional mile per 
                                gallon reduction, or
                            ``(ii) $22,737.
                For purposes of subparagraph (B), any fraction of a 
                mile per gallon shall be rounded to the nearest mile 
                per gallon and any fraction of a dollar shall be 
                rounded to the nearest dollar.
            ``(2) Applicable tax amount.--For purposes of paragraph 
        (1)(A), the applicable tax amount shall be determined as 
        follows:


------------------------------------------------------------------------
  ``If the fuel economy of the model type in which the    The applicable
                  automobile falls is:                    tax amount is:
------------------------------------------------------------------------
At least 24.2..........................................              $0
At least 23.2 but less than 24.2.......................          $1,000
At least 22.2 but less than 23.2.......................          $1,250
At least 21.2 but less than 22.2.......................          $1,563
At least 20.2 but less than 21.2.......................          $1,953
At least 19.2 but less than 20.2.......................          $2,441
At least 18.2 but less than 19.2.......................          $3,052
At least 17.2 but less than 18.2.......................          $3,815
At least 16.2 but less than 17.2.......................          $4,768
At least 15.2 but less than 16.2.......................          $5,960
At least 14.2 but less than 15.2.......................          $7,451
At least 13.2 but less than 14.2.......................          $9,313
At least 12.2 but less than 13.2.......................         $11,642
At least 11.2 but less than 12.2.......................         $14,552
At least 10.2 but less than 11.2.......................         $18,190
Less than 10.2.........................................     $22,737.''.
------------------------------------------------------------------------

    (b) Definition.--Section 4064(b) (relating to definitions) is 
amended by adding at the end the following new paragraph:
            ``(8) Average fuel economy standard.--The term `average 
        fuel economy standard' has the meaning given such term under 
        section 32901 of title 49, United States Code.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after December 31, 2009.

SEC. 5. INCREASE IN MANUFACTURER CAFE PENALTIES.

    (a) In General.--Section 32912 of title 49, United States Code, is 
amended--
            (1) by striking ``$5'' in subsection (b) and inserting 
        ``$50'', and
            (2) by striking ``$10'' in subsection (c)(1)(B) and 
        inserting ``$100''.
    (b) Effective Date.--The amendments made by this section shall 
apply to model years beginning after the date of the enactment of this 
Act.

SEC. 6. DEPLOYMENT OF LOW-GREENHOUSE GAS AND FUEL-SAVING TECHNOLOGIES.

    Section 756 of the Energy Policy Act of 2005 (42 U.S.C. 16104) is 
amended--
            (1) by striking the section heading and all that follows 
        through the end of subsection (b) and inserting the following:

``SEC. 756. DEPLOYMENT OF LOW-GREENHOUSE GAS AND FUEL-SAVING 
              TECHNOLOGIES.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Advanced truck stop electrification system.--The term 
        `advanced truck stop electrification system' means a stationary 
        system that delivers heat, air conditioning, electricity, or 
        communications, and is capable of providing verifiable and 
        auditable evidence of use of those services, to a heavy-duty 
        vehicle and any occupants of the heavy-duty vehicle with, or 
        for delivery, of those services.
            ``(3) Auxiliary power unit.--The term `auxiliary power 
        unit' means an integrated system that--
                    ``(A) provides heat, air conditioning, engine 
                warming, or electricity to components on a heavy-duty 
                vehicle; and
                    ``(B) is certified by the Administrator under part 
                89 of title 40, Code of Federal Regulations (or any 
                successor regulation), as meeting applicable emission 
                standards.
            ``(4) Heavy-duty vehicle.--The term `heavy-duty vehicle' 
        means a vehicle that has a gross vehicle weight rating greater 
        than 8,500 pounds.
            ``(5) Idle reduction technology.--The term `idle reduction 
        technology' means an advanced truck stop electrification 
        system, auxiliary power unit, or other technology that--
                    ``(A) is used to reduce idling; and
                    ``(B) allows for the main drive engine or auxiliary 
                refrigeration engine to be shut down.
            ``(6) Long-duration idling.--
                    ``(A) In general.--The term `long-duration idling' 
                means the operation of a main drive engine or auxiliary 
                refrigeration engine, for a period greater than 15 
                consecutive minutes, at a time at which the main drive 
                engine is not engaged in gear.
                    ``(B) Exclusions.--The term `long-duration idling' 
                does not include the operation of a main drive engine 
                or auxiliary refrigeration engine during a routine 
                stoppage associated with traffic movement or 
                congestion.
            ``(7) Low-greenhouse gas and fuel-saving technology.--The 
        term `low-greenhouse gas and fuel-saving technology' means any 
        device, system of devices, strategies, or equipment that--
                    ``(A) reduces greenhouse gas emissions; or
                    ``(B) improves fuel efficiency.
    ``(b) Low-Greenhouse Gas and Fuel-Saving Technology Deployment 
Program.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of the OILSAVE Act, the 
                Administrator, in consultation with the Secretary of 
                Energy, shall implement, through the SmartWay Transport 
                Partnership of the Environmental Protection Agency, a 
                program to support deployment of low-greenhouse gas and 
                fuel-saving technologies.
                    ``(B) Priority.--The Administrator shall give 
                priority to the deployment of low-greenhouse gas and 
                fuel-saving technologies that meet SmartWay performance 
                thresholds developed under paragraph (2)(B).
            ``(2) Technology designation and deployment.--The 
        Administrator shall--
                    ``(A) develop measurement protocols to evaluate the 
                fuel consumption and greenhouse gas performance of 
                transportation technologies, including technologies for 
                passenger transport and goods movement;
                    ``(B) develop SmartWay performance thresholds that 
                can be used to certify, verify, or designate low-
                greenhouse gas and fuel-saving technologies that 
                provide superior environmental performance for each 
                mode of passenger transportation and goods movement; 
                and
                    ``(C)(i) publish a list of low-greenhouse gas and 
                fuel-saving technologies;
                    ``(ii) identify the greenhouse gas and fuel 
                efficiency performance of each technology; and
                    ``(iii) identify those technologies that meet the 
                SmartWay performance thresholds developed under 
                subparagraph (B).
            ``(3) Promotion and deployment of technologies.--The 
        Administrator shall--
                    ``(A) implement partnership and recognition 
                programs to promote best practices and drive demand for 
                fuel-efficient, low-greenhouse gas transportation 
                performance;
                    ``(B) promote the availability of and encourage the 
                adoption of technologies that meet the SmartWay 
                performance thresholds developed under paragraph 
                (2)(B);
                    ``(C) publicize the availability of financial 
                incentives (such as Federal tax incentives, grants, and 
                low-cost loans) for the deployment of low-greenhouse 
                gas and fuel-saving technologies; and
                    ``(D) deploy low-greenhouse gas and fuel-saving 
                technologies through grant and loan programs.
            ``(4) Stakeholder consultation.--
                    ``(A) In general.--The Administrator shall solicit 
                the comments of interested parties prior to 
                establishing a new or revising an existing SmartWay 
                technology category, measurement protocol, or 
                performance threshold.
                    ``(B) Notice.--On adoption of a new or revised 
                technology category, measurement protocol, or 
                performance threshold, the Administrator shall publish 
                a notice and explanation of any changes and, if 
                appropriate, responses to comments submitted by 
                interested parties.
            ``(5) Freight partnership.--
                    ``(A) In general.--The Administrator shall 
                implement, through the SmartWay Transport Partnership, 
                a program with shippers and carriers of goods to 
                promote fuel-efficient, low-greenhouse gas 
                transportation.
                    ``(B) Administration.--The Administrator shall--
                            ``(i) verify the greenhouse gas performance 
                        and fuel efficiency of participating freight 
                        carriers, including carriers involved in rail, 
                        trucking, marine, and other goods movement 
                        operations;
                            ``(ii) publish a comprehensive greenhouse 
                        gas and fuel efficiency performance index of 
                        freight modes (including rail, trucking, 
                        marine, and other modes of transporting goods) 
                        and individual freight companies so that 
                        shippers can choose to deliver the goods of the 
                        shippers most efficiently with minimum 
                        greenhouse gas emissions;
                            ``(iii) develop tools for--
                                    ``(I) freight carriers to calculate 
                                and improve the fuel efficiency and 
                                greenhouse gas performance of the 
                                carriers; and
                                    ``(II) shippers--
                                            ``(aa) to calculate the 
                                        fuel and greenhouse gas impacts 
                                        of moving the products of the 
                                        shippers; and
                                            ``(bb) to evaluate the 
                                        relative impacts from 
                                        transporting the goods of the 
                                        shippers by different modes and 
                                        carriers; and
                            ``(iv) recognize participating shipper and 
                        carrier companies that demonstrate advanced 
                        practices and achieve superior levels of fuel 
                        efficiency and greenhouse gas performance.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection $19,500,000 for each of fiscal years 2010 through 
        2020.''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Improving Freight Greenhouse Gas Performance Databases.--The 
Secretary of Commerce, in consultation with the Administrator, shall--
            ``(1)(A) define and collect data on the physical and 
        operational characteristics of the truck fleet of the United 
        States, with special emphasis on data relating to fuel 
        efficiency and greenhouse gas performance to provide data for 
        the performance index published under subsection (b)(5)(B)(ii); 
        and
            ``(B) publish the data described in subparagraph (A) 
        through the Vehicle Inventory and Use Survey as soon as 
        practicable after the date of enactment of the OILSAVE Act, and 
        at least every 5 years thereafter, as part of the economic 
        census required under title 13, United States Code; and
            ``(2) define, collect, and publish data for other modes of 
        goods transport (including rail and marine), as necessary.
    ``(e) Report.--Not later than 18 months after the date on which 
funds are initially awarded under this section and on a biennial basis 
thereafter, the Administrator shall submit to Congress a report 
containing a description of--
            ``(1) actions taken to implement the low-greenhouse gas and 
        fuel-saving technology deployment program established under 
        subsection (b), including--
                    ``(A) the measurement protocols;
                    ``(B) the SmartWay performance thresholds; and
                    ``(C) a list of low-greenhouse gas and fuel-saving 
                technologies; and
            ``(2) estimated greenhouse gas emissions and fuel savings 
        from the program.''.
                                 <all>