[Congressional Record Volume 154, Number 97 (Thursday, June 12, 2008)]
[Senate]
[Pages S5594-S5633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. COLLINS:
  S. 3119. A bill to stimulate the economy by encouraging energy 
efficiency, infrastructure and workforce investment, and homeownership 
retention, and by amending the Internal Revenue Code of 1986 to provide 
certain business tax relief and incentives, and for other purposes; to 
the Committee on Finance.
  Ms. COLLINS. Mr. President, I rise today to introduce the Economic 
Recovery Act of 2008. I think it is evident our economy is struggling 
to overcome the twin effects of record-high energy prices and a steep 
downturn in the housing market.
  Earlier this year, this Congress acted to provide rebates to 
taxpayers to help them cope with the effects of the downturn in the 
economy. The hope was also that the impact of these rebate checks would 
be to stimulate the economy.
  It is evident much more needs to be done, so the legislation I am 
introducing today is aimed at reinvigorating our economy. It is my 
proposal for a second economic stimulus package.
  Over the course of the past several years, we have seen the price of 
oil climb by more than 400 percent, from about $30 per barrel in 2003, 
to more than $133 per barrel this morning. This escalation in energy 
costs threatens to plunge our economy into a recession, and it is 
imposing a tremendous hardship on middle-income and low-income 
families, on our truckdrivers, our farmers, our fishermen, our schools, 
virtually everyone.
  Big factories and mills, as well as small businesses, have also been 
harmed by high energy prices. In fact, a week ago we learned a mill in 
Millinocket, ME, is going to be forced to shut down because it can no 
longer afford the oil that is essential to the operations of that paper 
mill.
  We are working with Governor Baldacci to try to find alternatives. 
But it is a prime example of the tremendously harmful impact high 
energy prices are having on the economy of our State and indeed States 
throughout the Nation.
  Gasoline is already topping $4 a gallon 2 weeks into the summer 
driving season. Maine families fear the cost of staying warm next 
winter because home heating oil prices have reached record highs.
  At the same time, the cost of diesel fuel is pushing some of 
America's independent truckers to the brink of bankruptcy. Consider 
this astonishing fact. In 1999, a Maine truck driver could go from 
Augusta, ME, all the way to Albuquerque, NM, on $500 worth of diesel. 
Today, $500 worth of diesel will not get that truck driver to Altoona, 
PA. What a difference a few years makes.
  Of course, with diesel prices continuing to increase, the problem is 
only getting worse. Meanwhile, weaknesses in the housing market are 
making it impossible for millions of Americans to get the financing 
they need to stay in their homes when their adjustable rate mortgages 
reset. Many of these families are being forced into foreclosure, 
leaving behind vacant properties and creating a ripple effect that is 
pulling down home values even further. This problem hurts communities 
across the Nation, and it requires an effective Federal response.
  The legislation I am introducing today would provide much-needed help 
to Americans who are struggling with high energy costs and the weak 
housing market. Let me outline the provisions of the economic stimulus 
package I am proposing.
  First, the Economic Recovery Act proposes a series of initiatives to 
promote increased energy efficiency that would help consumers save 
money on their energy bills, and help advance the goal of energy 
independence for our Nation.
  Second, the bill provides relief from truck weight regulations that 
are injuring truckers in the State of Maine.
  Third, it proposes a new program to finance transportation 
infrastructure that is based on the model of the Build American Bonds 
Bill.
  Fourth, it would increase funding under the Workforce Investment Act 
so we can help displaced and unemployed or underemployed workers.
  Fifth, it proposes tax incentives designed to help America's small 
businesses.
  And, sixth, it would help to restore stability in the housing market 
by expanding the FHA Secure Program, which would help homeowners 
refinance mortgages that are in danger of foreclosure.
  We have focused a lot on the housing problems and the turmoil in the 
housing and financial markets. Indeed, that is an important factor in 
the decline of our economy. As I have indicated, I think more needs to 
be done. But I am convinced high energy prices are an even greater 
cause of the economic downturn.
  We must act to protect ourselves from rapid increases in oil prices 
and in the long term achieve energy independence. One way to help 
achieve both those goals is to encourage greater efficiency. My bill 
would double the funding for the Department of Energy's Weatherization 
Program, reaching $1.4 billion by the year 2010.
  The bill would also provide $112 million each year for the valuable 
Energy Star Program, which helps consumers choose energy-efficient 
appliances, and would extend the renewable electricity tax credit 
through 2011 and the residential investment tax credit for solar and 
energy-efficient buildings through 2012.
  My bill also includes a $500 credit to consumers who replace their 
old wood-burning stove with a new, cleaner-burning model using wood or 
wood pellets. This complements a proposal I introduced in February.
  We must take action to address the impact rising diesel prices are 
having on the trucking industry, which is struggling. The rapid 
increase in the price of diesel is making it more difficult for our 
Nation's truckers to stay on the road.

[[Page S5595]]

  It is also increasing the cost of delivering goods that communities 
throughout our country rely on. We can help trucks to operate more 
efficiently if we ease Federal trucking regulations that prohibit 
trucks that carry more than 80,000 pounds from traveling on the Federal 
interstate system.
  My bill includes a provision that would create a 2-year pilot project 
that would permit trucks carrying up to 100,000 pounds, which is the 
weight level that is permitted on Maine's highways, to travel on the 
Interstate Highway system when diesel prices are at or above $3.50 a 
gallon. The savings on fuel consumption will benefit the trucking 
industry, the consumer, and our Nation at a time when we are looking 
for ways to decrease our dependency on foreign oil.
  Let me tell you, the current system simply makes no sense at all. In 
Maine, the trucks that have 100,000 pounds of cargo are forced to leave 
the Interstate in Augusta, ME, a road that is built to accommodate the 
heaviest trucks, and instead are forced to go on secondary roads 
through towns and villages, stopping at railroad crossings. That wastes 
fuel, and is less safe than keeping them on the Interstate. The trip 
takes much longer because they are on secondary and slower roads that 
often are not the most direct routes to the destination. So that simply 
makes no sense at all.
  Any proposal to stimulate the economy should help to fund 
transportation infrastructure projects. They are a proven means of 
fostering economic growth and are a lasting investment; an investment 
we need.
  This past winter has been so difficult and so hard on the roads in 
Maine. I do not think I have ever seen so many frost heaves and so much 
wear and tear that the very difficult cold and snowy winter has had on 
our roads and highways as I have seen this spring in Maine. The 
legislation I have introduced calls for a $50 billion investment 
through new transportation bonds for roads, bridges, transit, rail, and 
waterways.
  Now, I wish to give credit where credit is due. This proposal which I 
put into the economic stimulus package was first introduced by Senator 
Wyden. I was very pleased to be a cosponsor of his bill. I have 
included our proposal as part of this broader package. Not only will 
this funding serve as the catalyst for thousands of good jobs today, we 
all know construction jobs are good jobs, but it also will improve our 
transportation infrastructure, which is critical to economic 
development over the long term.
  This is an investment that makes sense. Many of these transportation 
projects are ready to go. They only need the funding. We must also act 
to provide assistance to those who have lost their jobs in this 
economic downturn. Now, that means extending unemployment compensation 
benefits. I hope we are going to do that soon. But in addition, we need 
to invest in our workers.
  In the last 4 months, we have seen 340,000 jobs lost across the 
country. Today, we have more than 1.6 million additional unemployed 
workers, compared to 2001; 800,000 more than a year ago. The national 
unemployment rate has jumped to 5.5 percent. In my home State, 33,600 
Mainers are looking for work.
  In view of this increase in unemployment, it makes no sense 
whatsoever that the President's budget actually proposes another cut in 
the Workforce Investment Act. In fact, overall, the President's budget 
would cut $1.5 billion from the Department of Labor's workforce 
programs.
  We must invest in America's workforce. Yet since fiscal year 2001, 
funding for the Workforce Investment Act programs has been reduced by 
nearly $1.7 billion in real terms. My bill would provide $1 billion in 
additional Workforce Investment Act funding that would enable us to 
train nearly 300,000 additional workers.
  The bill would also increase funding for the Dislocated Workers 
program and for Youth and Adult training programs. Support for job 
training, investing in our workers is critical, but it is also 
important that we provide relief to the job creators in our economy, 
and that is our small businesses. The fact is, small businesses create 
80 percent of the net new jobs in America. During economic downturns, 
however, they struggle with cash flow and they must forgo investments 
they need to grow and remain competitive. That is why I am proposing 
some tax incentives to help small businesses.
  First, we should make the Section 179 expensing limit for small 
companies permanent so they can count on it. Second, we should renew a 
provision of tax law that allows restaurant owners to depreciate their 
equipment more quickly, over 15 years.
  Finally, we must take action to steady the housing market. More than 
50 million Americans hold mortgages at present and, fortunately, most 
of them are current with their payments. But 7 million of these 
mortgages are so-called subprime loans, and most of them are adjustable 
rate mortgages that reset to higher, often unaffordable rates after 
only 2 or 3 years of very low introductory rates. What we are finding 
is a lot of first-time homeowners simply did not understand the risk 
they were taking with subprime loans. As a result, approximately 1.3 
million of these 7 million subprime mortgages are delinquent and could 
soon be in foreclosure. This number is expected to rise as more 
mortgages reach the reset date.
  I am not interested in bailing out speculators, people who took a 
gamble that housing prices were going to increase. What I am talking 
about are homeowners who were peddled an unsuitable mortgage product. 
We need to help them. Foreclosures inflict losses all around--on the 
families who lose their homes; on the neighborhoods where values fall 
as empty houses proliferate; on borrowers who face tighter requirements 
and higher costs, as perceptions of lending risk increase; and on those 
who work in the construction or real estate industry, dependent on a 
strong housing market.
  One source of help--and this is what I am proposing in my bill--would 
be to bolster the FHASecure program administered by the Federal Housing 
Administration. This program allows eligible homeowners to avoid 
foreclosure by assisting them with refinancing so they can afford to 
make their mortgage payments. My bill would expand this program to make 
it easier for lenders to accept voluntary write-downs of distressed 
mortgages and allow borrowers whose incomes are not sufficient to meet 
the terms of their existing mortgages to refinance their homes on terms 
they could afford. My bill also grants the FHA expanded authority to 
adjust insurance premiums, depending on the individual borrower's risk 
profile, to ensure the solvency of the FHA insurance fund. These 
provisions could help FHA reach hundreds of thousands of additional 
homeowners by the end of the year, and to do so without taxpayer 
subsidies.
  The legislation I am introducing today includes comprehensive 
proposals that, taken together, would go a long way toward addressing 
the two factors truly harming our economy--high energy prices and a 
weakening housing market. I urge my colleagues to work together in a 
bipartisan way, to look at the ideas that I and others have proposed so 
we can work together on a second stimulus package to address these 
concerns and to help restore and strengthen our Nation's economy.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 3125. A bill to amend the Internal Revenue Code of 1986 to extend 
certain expiring provisions, and for other purposes; to the Committee 
on Finance.
  Mr. BAUCUS. Mr. President, George Bernard Shaw once said: ``If all 
economists were laid end to end, they would not reach a conclusion.''
  Sometimes I feel the same about legislation to extend expiring tax 
provisions. Sometimes it feels as though that process never reaches a 
conclusion. Regrettably, Tuesday, the Senate failed to invoke cloture 
on the motion to proceed to the House-passed renewable energy and tax 
extenders bill.
  Today, we must begin anew the march to a conclusion for the tax 
extenders package.
  Next week, the Senate will face a choice. We'll vote again on getting 
to the tax extenders bill. We'll vote on allowing the Senate to get to 
the substitute amendment, the text of which I introduce today. I think 
that it's a pretty easy choice.
  We need to decide whether we will develop new jobs and new 
medications.
  Or, we can continue to allow hedge fund managers to defer, without 
limitation, their compensation for investing other people's money.

[[Page S5596]]

  The choice is easy. We must pass this package of expiring provisions. 
We must reach a conclusion.
  Last month, the House passed its renewable energy and tax extenders 
package, by a vote of 263 to 160. It came over to the Senate last week. 
My Colleagues on the other side of the aisle objected to moving to the 
House bill, for which I was prepared to offer a substitute amendment.
  Today, I am introducing that substitute amendment as a stand-alone 
bill. This extender package is fully paid-for. These offsets are 
fiscally responsible. And these revenue-raising provisions are also 
sound tax policy.
  The first revenue-raising provision is an extension of the effective 
date of the worldwide allocation of interest. The bill would delay 
application of the new rule.
  This section of the code is scheduled to take effect in 2009.
  Many of the companies that will benefit from this provision told me 
that they would rather have business extenders, including R&D, active 
financing, and CFC look-through. They prefer those important extenders 
to a 2009 application of the world wide allocation of interest.
  These companies want a conclusion. And, they realize that to get a 
conclusion, they, along with Congress, must be fiscally responsible and 
pay for these provisions.
  This provision allows Congress to be fiscally responsible and to pay 
for the priorities of the business community.
  The second revenue-raising provision addresses offshore deferred 
compensation. This provision prevents hedge fund managers from 
deferring income. This is not an increase in tax on hedge fund 
managers. Rather, it is a change in the timing of when they have to pay 
their income tax.
  We need to make decisions about our priorities. Is the ability of 
hedge fund managers to defer taxation of their compensation more 
important than spurring research and development?
  This bill has a solid energy-tax package. It has about $17 billion in 
incentives for alternative energy, efficiency, and clean coal. This 
package is important for our environment and energy security. And it's 
important to facilitate the transition to a carbon-controlled economy.
  I have been working to get the Congress to pass a good energy-tax 
package for the better part of a year. At the beginning of last year, 
the Finance Committee conducted several hearings. Last June, the 
Committee marked up a bill to bolster investment in clean energy, 
efficiency, and clean coal. Our bill--a roughly $30 billion package--
passed the Finance Committee with a 15-to-5 vote.
  The bill included a 5-year extension of the credit for production of 
renewable electricity. That credit enjoys strong bipartisan support.
  It included 8-year extensions of credits for solar power. Solar power 
still needs significant subsidies to compete with fossil-based energy.
  It included $4 billion in new funds for clean coal tax credits. These 
credits are needed to demonstrate that coal--which accounts for half of 
this Nation's electricity--can be burned cleanly.
  The bill included a new consumer credit for plug-in hybrids. Already 
prototypes of plug-in hybrids can go a hundred miles on a gallon of 
gas.
  The bill included a new credit for cellulosic ethanol. Some experts 
predict that cellulosic ethanol will become the fuel of the future.
  Last June's Finance Committee package was largely financed by 
reducing tax benefits for oil and gas companies. We proposed repealing 
the manufacturing deduction for oil and gas firms. That raised about 
$9.4 billion for the package.
  We proposed a tax on production in the Gulf of Mexico, with credit 
for the tax provided to companies paying royalties on that production. 
This raised more than $10 billion.
  We also proposed tightening the rules on tax credits received by oil 
and gas companies that pay taxes to overseas jurisdictions. This 
proposal raised about $3.2 billion.
  Taken together, these tax changes would have financed about two-
thirds of the roughly $30 billion energy-tax package. We argued that 
the oil and gas offsets were justified, in part because of record-high 
oil prices. Recall that in 2005, President Bush said, ``With $55 (a 
barrel) oil we don't need incentives to oil and gas companies to 
explore.''
  When the Finance Committee passed this energy-tax bill, oil traded at 
$69 a barrel.
  After moving the bill through the Finance Committee, Senator Grassley 
and I offered that measure on the Senate floor. We offered it as an 
amendment to the energy policy bill.
  But our amendment got 57 votes on the floor, 3 shy of the 60 votes 
that we needed to break a filibuster.
  The objections, almost entirely from the other side, were that the 
bill would increase energy prices. They argued that our bill 
unreasonably targeted the oil and gas industry. They argued that the 
package was simply too big.
  So we went back to the drawing board. In negotiations with the House, 
we cut the size of the energy package by about a third. We dropped the 
$10 billion tax on Gulf production. We retained repeal of the 
manufacturing deduction for large oil and gas firms, and the provision 
to tighten loopholes on foreign tax credits for oil and gas companies. 
And we also included nearly $7 billion in offsets from President Bush's 
own budget proposal.
  That's right. About one-third of the package that came to the Senate 
floor in December was offset by items taken directly from proposals 
offered by President Bush in his 2008 budget.
  Even though we cut the package by about a third, the bill still 
maintained meaningful support for alternative energy and efficiency. It 
included extension of the renewable energy production credit. It 
included long-term extensions of credits for solar power. It included 
$2 billion for clean-coal projects. And it included a new consumer 
incentive for plug-in hybrid cars.
  It was not as ambitious as the June 2007 Finance Committee bill. But 
the compromise product that came to the Senate floor in December was a 
very good package.
  Nonetheless, the President issued a veto threat on the bill. And 40 
Senators followed his lead. On December 12, 2007, the compromise 
package failed in the Senate by a vote of 59 to 40, just one shy of 60 
needed to break yet another filibuster.
  Faced with the choice of maintaining tax breaks for oil and gas 
companies and investing in a fledgling alternative energy industry, the 
Senate minority chose to protect the oil and gas companies.
  Faced with the choice of investing in green-collar jobs or 
maintaining the status quo on energy, the minority chose the status 
quo.
  Remember the President's assertion that tax breaks were not needed 
when oil traded at $55 a barrel? Well, when the Senate voted on the 
energy package on December 13, 2007, oil cost more than $92 a barrel.
  So where are we now? Vital new energy-tax provisions--such as 
incentives for plug-in hybrid vehicles--have not become law. Existing 
incentives--such as those for energy-efficient appliances--have lapsed. 
And in less than 7 months, many others will lapse, including the 
renewable energy production credit, solar credits, incentives for 
efficient buildings, and credits for biofuels.
  So what do we do about it? To paraphrase Thomas Edison, ``I have not 
failed. I've just found two ways that won't work.''
  I hope that this attempt will work. The bill that I introduce today, 
and on which I hope the Senate can vote next week, includes a robust 
energy package. It is very similar to that negotiated with the House 
last year. It is very similar to the one that got 59 votes in the 
Senate.
  Like last year's bills, this package includes long-term extensions of 
renewable energy credits. It includes major funding for clean coal 
projects. It includes a new incentive for plug-in hybrids. And it 
includes extensions of vital incentives to promote energy efficiency.
  This $17 billion energy package is slightly smaller than last 
December's. But it's still critically important to our Nation's energy 
future.
  There is a key difference between this year's package and last 
year's: the offsets. In response to criticisms of the oil and gas 
offsets and the President's veto threat, we have dropped proposals to 
repeal oil and gas tax breaks.

[[Page S5597]]

  Instead, we have included two offsets that have nothing to do with 
oil and gas. In fact, they have nothing to do with energy. They are 
simply good policy. And they have broad support.
  The bill also extends provisions that offer tax benefits to 
individuals and businesses. One such provision is the teacher expense 
deduction.
  Our schools are in desperate need of repair. Our students don't have 
the books or supplies they need. Some teachers have taken it upon 
themselves to use money from their own pockets to provide classroom 
supplies for their students.
  In 2005 alone, more than 3.4 million families took the teacher 
expense deduction. The average salary for a teacher is about $38,000.
  This says a lot about this profession's dedication to educating 
America's youth. These teachers work diligently to make sure that 
America stays competitive in this global economy by educating our 
children. And yet they pay out of their own pockets for supplies. The 
least we can do is to help share the cost.
  Another provision that is important to American families is the 
qualified tuition deduction. Tuition costs have long been increasing 
faster than inflation. Parents and students worry about how to cover 
these escalating costs.
  4.4 million families took the qualified tuition deduction in 2005. 
But the provision expired at the end of 2007.
  The bill that I introduce today has other important benefits. 
Millions of families get tax relief from these expiring provisions and 
will suffer without this legislation.
  Businesses will also suffer if Congress does not act. Many of the 
business provisions contained in the extenders package are crucial in 
allowing U.S.-based multinational corporations to compete effectively 
in a global economy.
  America accounts for a third of the world's spending on scientific 
research and development, ranking first among all countries. This is 
impressive. But relative to the size of our economy, America is in 
sixth place. And the trends show that maintaining American leadership 
in the future depends on increased commitment to research and science.
  Asia has recognized this. Spending on research and development has 
increased by 140 percent in China, Korea, and Taiwan. In America, it 
has increased by only 34 percent.
  Asia's commitment is already paying off. More than a hundred Fortune 
500 companies have opened research centers in India and China. I have 
visited some of them. I was impressed with the level of skill of the 
workers I met there.
  There are workers in other countries who seek coveted research 
positions. Ireland, Poland, and other European countries would like 
American corporations to shift their R&D operations to their countries. 
Some of these countries offer incredible tax and non-tax benefits.
  Yet our R&D tax credit expired on December 31. American corporations 
are at a competitive disadvantage. They are unsure if they will be able 
to obtain the benefit of the credit this year. And they need to plan 
for the future.
  We need to pass an extenders package that allows American companies 
to take the credit as soon as possible.
  American businesses need the R&D tax credit to compete in a global 
economy. The R&D tax credit gives companies an incentive to begin or 
continue research here in America. These jobs pay well and result in 
the creation of intellectual property.
  We want these jobs. And we want the intellectual property to be 
created in our country.
  American financial services companies successfully compete in world 
financial markets. We need to make sure, however, that the U.S. tax 
rules do not change that.
  This legislation will extend the active financing exception to 
Subpart F. This provision preserves the international competitiveness 
of American-based financial services companies. This provision also 
contains appropriate safeguards to ensure that only truly active 
businesses benefit.
  The active financing exception applies to active financial service 
income earned abroad by American financial services companies or 
American manufacturing firms with a financial services operation. The 
exception makes sure that this income is not subject to U.S. tax until 
that income is brought home to the U.S.
  This provision will put the American financial services industry on 
an equal footing with foreign-based competitors who are not taxed on 
active financial services income.
  There are several other provisions in this bill that encourage 
businesses to invest in this country. There are provisions that will 
help American businesses compete in a global economy. We must extend 
these provisions as soon as possible.
  Finally, my bill will provide an AMT patch for 2008. The provision is 
not offset, because we recognize the reality of the budget constraints 
we face. We need to get this done. This is an important provision to 
the American families.
  The patch will hold the number of people subject to the AMT at 4.2 
million. As a result, over 20 million taxpayers will avoid the AMT next 
year.
  The choice is easy. We should continue to support teachers, families 
and schools. We should continue to support the creation of jobs and 
intellectual property. That is why I urge my Colleagues to support this 
fully offset package.
  Which is more important, Mr. President? 11 million families who take 
the state and local tax deduction, or a few hundred hedge fund 
managers?
  Which is more important? 3.5 million teachers who pay out of their 
pocket for school supplies, or a few hundred hedge fund managers?
  4.5 million families who struggle to pay for college tuition, or a 
few hundred hedge fund managers?
  It is time to reach a conclusion. You can lay all the extenders bills 
end to end. But I submit that the best conclusion is the extenders 
package that I introduce today and that the Senate will try to get to 
next week. I urge my Colleagues to support the motion to invoke cloture 
on the motion to proceed.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3125

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

     SECTION 1. SHORT TITLE, ETC.

       (a) Short Title.--This Act may be cited as the ``Energy 
     Independence and Tax Relief Act of 2008''.
       (b) Reference.--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.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title, etc.

                     TITLE I--ENERGY TAX INCENTIVES

                Subtitle A--Energy Production Incentives

                  PART I--Renewable Energy Incentives

Sec. 101. Renewable energy credit.
Sec. 102. Production credit for electricity produced from marine 
              renewables.
Sec. 103. Energy credit.
Sec. 104. Credit for residential energy efficient property.
Sec. 105. Special rule to implement FERC and State electric 
              restructuring policy.
Sec. 106. New clean renewable energy bonds.

                 PART II--Carbon Mitigation Provisions

Sec. 111. Expansion and modification of advanced coal project 
              investment credit.
Sec. 112. Expansion and modification of coal gasification investment 
              credit.
Sec. 113. Temporary increase in coal excise tax.
Sec. 114. Special rules for refund of the coal excise tax to certain 
              coal producers and exporters.
Sec. 115. Carbon audit of the tax code.

    Subtitle B--Transportation and Domestic Fuel Security Provisions

Sec. 121. Inclusion of cellulosic biofuel in bonus depreciation for 
              biomass ethanol plant property.
Sec. 122. Credits for biodiesel and renewable diesel.
Sec. 123. Clarification that credits for fuel are designed to provide 
              an incentive for United States production.
Sec. 124. Credit for new qualified plug-in electric drive motor 
              vehicles.
Sec. 125. Exclusion from heavy truck tax for idling reduction units and 
              advanced insulation.
Sec. 126. Restructuring of New York Liberty Zone tax credits.

[[Page S5598]]

Sec. 127. Transportation fringe benefit to bicycle commuters.
Sec. 128. Alternative fuel vehicle refueling property credit.

       Subtitle C--Energy Conservation and Efficiency Provisions

Sec. 141. Qualified energy conservation bonds.
Sec. 142. Credit for nonbusiness energy property.
Sec. 143. Energy efficient commercial buildings deduction.
Sec. 144. Modifications of energy efficient appliance credit for 
              appliances produced after 2007.
Sec. 145. Accelerated recovery period for depreciation of smart meters 
              and smart grid systems.
Sec. 146. Qualified green building and sustainable design projects.

          TITLE II--ONE-YEAR EXTENSION OF TEMPORARY PROVISIONS

                  Subtitle A--Alternative Minimum Tax

Sec. 201. Extension of alternative minimum tax relief for nonrefundable 
              personal credits.
Sec. 202. Extension of increased alternative minimum tax exemption 
              amount.
Sec. 203. Increase of AMT refundable credit amount for individuals with 
              long-term unused credits for prior year minimum tax 
              liability, etc.

         Subtitle B--Extensions Primarily Affecting Individuals

Sec. 211. Deduction for State and local sales taxes.
Sec. 212. Deduction of qualified tuition and related expenses.
Sec. 213. Treatment of certain dividends of regulated investment 
              companies.
Sec. 214. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 215. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 216. Stock in RIC for purposes of determining estates of 
              nonresidents not citizens.
Sec. 217. Qualified investment entities.
Sec. 218. Exclusion of amounts received under qualified group legal 
              services plans.

         Subtitle C--Extensions Primarily Affecting Businesses

Sec. 221. Extension and modification of research credit.
Sec. 222. Indian employment credit.
Sec. 223. New markets tax credit.
Sec. 224. Railroad track maintenance.
Sec. 225. Extension of mine rescue team training credit.
Sec. 226. Extension of 15-year straight-line cost recovery for 
              qualified leasehold improvements and qualified restaurant 
              improvements; 15-year straight-line cost recovery for 
              certain improvements to retail space.
Sec. 227. Seven-year cost recovery period for motorsports racing track 
              facility.
Sec. 228. Accelerated depreciation for business property on Indian 
              reservation.
Sec. 229. Extension of election to expense advanced mine safety 
              equipment.
Sec. 230. Expensing of environmental remediation costs.
Sec. 231. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 232. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 233. Qualified zone academy bonds.
Sec. 234. Tax incentives for investment in the District of Columbia.
Sec. 235. Economic development credit for American Samoa.
Sec. 236. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 237. Enhanced charitable deduction for contributions of book 
              inventory to public schools.
Sec. 238. Enhanced deduction for qualified computer contributions.
Sec. 239. Basis adjustment to stock of S corporations making charitable 
              contributions of property.
Sec. 240. Work opportunity tax credit for Hurricane Katrina employees.
Sec. 241. Subpart F exception for active financing income.
Sec. 242. Look-thru rule for related controlled foreign corporations.
Sec. 243. Expensing for certain qualified film and television 
              productions.
Sec. 244. Extension and modification of duty suspension on wool 
              products; wool research fund; wool duty refunds.

                      Subtitle D--Other Extensions

Sec. 251. Authority to disclose information related to terrorist 
              activities made permanent.
Sec. 252. Authority for undercover operations made permanent.
Sec. 253. Increase in limit on cover over of rum excise tax to Puerto 
              Rico and the Virgin Islands.

                      TITLE III--ADDITIONAL RELIEF

                   Subtitle A--Individual Tax Relief

Sec. 301. Additional standard deduction for real property taxes for 
              nonitemizers.
Sec. 302. $10,000 income threshold used to calculate refundable portion 
              of child tax credit.
Sec. 303. Income averaging for amounts received in connection with the 
              Exxon Valdez litigation.

                Subtitle B--Business Related Provisions

Sec. 311. Uniform treatment of attorney-advanced expenses and court 
              costs in contingency fee cases.
Sec. 312. Provisions related to film and television productions.
Sec. 313. Modification of rate of excise tax on certain wooden arrows 
              designed for use by children.

  Subtitle C--Modification of Penalty on Understatement of Taxpayer's 
                    Liability by Tax Return Preparer

Sec. 321. Modification of penalty on understatement of taxpayer's 
              liability by tax return preparer.

   Subtitle D--Extension and Expansion of Certain GO Zone Incentives

Sec. 331. Certain GO Zone incentives.

                      Subtitle E--Other Provisions

Sec. 341. Secure rural schools and community self-determination 
              program.
Sec. 342. Clarification of uniform definition of child.

                      TITLE IV--REVENUE PROVISIONS

Sec. 401. Nonqualified deferred compensation from certain tax 
              indifferent parties.
Sec. 402. Delay in application of worldwide allocation of interest.
Sec. 403. Time for payment of corporate estimated taxes.

                     TITLE I--ENERGY TAX INCENTIVES

                Subtitle A--Energy Production Incentives

                  PART I--RENEWABLE ENERGY INCENTIVES

     SEC. 101. RENEWABLE ENERGY CREDIT.

       (a) Extension of Credit.--
       (1) 1-year extension for wind facilities.--Paragraph (1) of 
     section 45(d) is amended by striking ``January 1, 2009'' and 
     inserting ``January 1, 2010''.
       (2) 3-year extension for certain other facilities.--Each of 
     the following provisions of section 45(d) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2012'':
       (A) Clauses (i) and (ii) of paragraph (2)(A).
       (B) Clauses (i)(I) and (ii) of paragraph (3)(A).
       (C) Paragraph (4).
       (D) Paragraph (5).
       (E) Paragraph (6).
       (F) Paragraph (7).
       (G) Subparagraphs (A) and (B) of paragraph (9).
       (b) Modification of Credit Phaseout.--
       (1) Repeal of phaseout.--Subsection (b) of section 45 is 
     amended--
       (A) by striking paragraph (1), and
       (B) by striking ``the 8 cent amount in paragraph (1),'' in 
     paragraph (2) thereof.
       (2) Limitation based on investment in facility.--Subsection 
     (b) of section 45 is amended by inserting before paragraph 
     (2) the following new paragraph:
       ``(1) Limitation based on investment in facility.--
       ``(A) In general.--In the case of any qualified facility 
     originally placed in service after December 31, 2009, the 
     amount of the credit determined under subsection (a) for any 
     taxable year with respect to electricity produced at such 
     facility shall not exceed the product of--
       ``(i) the applicable percentage with respect to such 
     facility, multiplied by
       ``(ii) the eligible basis of such facility.
       ``(B) Carryforward of unused limitation and excess 
     credit.--
       ``(i) Unused limitation.--If the limitation imposed under 
     subparagraph (A) with respect to any facility for any taxable 
     year exceeds the prelimitation credit for such facility for 
     such taxable year, the limitation imposed under subparagraph 
     (A) with respect to such facility for the succeeding taxable 
     year shall be increased by the amount of such excess.
       ``(ii) Excess credit.--If the prelimitation credit with 
     respect to any facility for any taxable year exceeds the 
     limitation imposed under subparagraph (A) with respect to 
     such facility for such taxable year, the credit determined 
     under subsection (a) with respect to such facility for the 
     succeeding taxable year (determined before the application of 
     subparagraph (A) for such succeeding taxable year) shall be 
     increased by the amount of such excess. With respect to any 
     facility, no amount may be carried forward under this clause 
     to any taxable year beginning after the 10-year period 
     described in subsection (a)(2)(A)(ii) with respect to such 
     facility.
       ``(iii) Prelimitation credit.--The term `prelimitation 
     credit' with respect to any facility for a taxable year means 
     the credit determined under subsection (a) with respect to 
     such facility for such taxable year, determined without 
     regard to subparagraph (A) and after taking into account any 
     increase for such taxable year under clause (ii).
       ``(C) Applicable percentage.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `applicable percentage' means, 
     with respect to any facility, the appropriate percentage 
     prescribed by the Secretary for the month in which such 
     facility is originally placed in service.
       ``(ii) Method of prescribing applicable percentages.--The 
     applicable percentages

[[Page S5599]]

     prescribed by the Secretary for any month under clause (i) 
     shall be percentages which yield over a 10-year period 
     amounts of limitation under subparagraph (A) which have a 
     present value equal to 35 percent of the eligible basis of 
     the facility.
       ``(iii) Method of discounting.--The present value under 
     clause (ii) shall be determined--

       ``(I) as of the last day of the 1st year of the 10-year 
     period referred to in clause (ii),
       ``(II) by using a discount rate equal to the greater of 110 
     percent of the Federal long-term rate as in effect under 
     section 1274(d) for the month preceding the month for which 
     the applicable percentage is being prescribed, or 4.5 
     percent, and
       ``(III) by taking into account the limitation under 
     subparagraph (A) for any year on the last day of such year.

       ``(D) Eligible basis.--For purposes of this paragraph--
       ``(i) In general.--The term `eligible basis' means, with 
     respect to any facility, the sum of--

       ``(I) the basis of such facility determined as of the time 
     that such facility is originally placed in service, and
       ``(II) the portion of the basis of any shared qualified 
     property which is properly allocable to such facility under 
     clause (ii).

       ``(ii) Rules for allocation.--For purposes of subclause 
     (II) of clause (i), the basis of shared qualified property 
     shall be allocated among all qualified facilities which are 
     projected to be placed in service and which require 
     utilization of such property in proportion to projected 
     generation from such facilities.
       ``(iii) Shared qualified property.--For purposes of this 
     paragraph, the term `shared qualified property' means, with 
     respect to any facility, any property described in section 
     168(e)(3)(B)(vi)--

       ``(I) which a qualified facility will require for 
     utilization of such facility, and
       ``(II) which is not a qualified facility.

       ``(iv) Special rule relating to geothermal facilities.--In 
     the case of any qualified facility using geothermal energy to 
     produce electricity, the basis of such facility for purposes 
     of this paragraph shall be determined as though intangible 
     drilling and development costs described in section 263(c) 
     were capitalized rather than expensed.
       ``(E) Special rule for first and last year of credit 
     period.--In the case of any taxable year any portion of which 
     is not within the 10-year period described in subsection 
     (a)(2)(A)(ii) with respect to any facility, the amount of the 
     limitation under subparagraph (A) with respect to such 
     facility shall be reduced by an amount which bears the same 
     ratio to the amount of such limitation (determined without 
     regard to this subparagraph) as such portion of the taxable 
     year which is not within such period bears to the entire 
     taxable year.
       ``(F) Election to treat all facilities placed in service in 
     a year as 1 facility.--At the election of the taxpayer, all 
     qualified facilities which are part of the same project and 
     which are placed in service during the same calendar year 
     shall be treated for purposes of this section as 1 facility 
     which is placed in service at the mid-point of such year or 
     the first day of the following calendar year.''.
       (c) Trash Facility Clarification.--Paragraph (7) of section 
     45(d) is amended--
       (1) by striking ``facility which burns'' and inserting 
     ``facility (other than a facility described in paragraph (6)) 
     which uses'', and
       (2) by striking ``combustion''.
       (d) Expansion of Biomass Facilities.--
       (1) Open-loop biomass facilities.--Paragraph (3) of section 
     45(d) is amended by redesignating subparagraph (B) as 
     subparagraph (C) and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Expansion of facility.--Such term shall include a new 
     unit placed in service after the date of the enactment of 
     this subparagraph in connection with a facility described in 
     subparagraph (A), but only to the extent of the increased 
     amount of electricity produced at the facility by reason of 
     such new unit.''.
       (2) Closed-loop biomass facilities.--Paragraph (2) of 
     section 45(d) is amended by redesignating subparagraph (B) as 
     subparagraph (C) and inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Expansion of facility.--Such term shall include a new 
     unit placed in service after the date of the enactment of 
     this subparagraph in connection with a facility described in 
     subparagraph (A)(i), but only to the extent of the increased 
     amount of electricity produced at the facility by reason of 
     such new unit.''.
       (e) Sales of Net Electricity to Regulated Public Utilities 
     Treated as Sales to Unrelated Persons.--Paragraph (4) of 
     section 45(e) is amended by adding at the end the following 
     new sentence: ``The net amount of electricity sold by any 
     taxpayer to a regulated public utility (as defined in section 
     7701(a)(33)) shall be treated as sold to an unrelated 
     person.''.
       (f) Modification of Rules for Hydropower Production.--
     Subparagraph (C) of section 45(c)(8) is amended to read as 
     follows:
       ``(C) Nonhydroelectric dam.--For purposes of subparagraph 
     (A), a facility is described in this subparagraph if--
       ``(i) the hydroelectric project installed on the 
     nonhydroelectric dam is licensed by the Federal Energy 
     Regulatory Commission and meets all other applicable 
     environmental, licensing, and regulatory requirements,
       ``(ii) the nonhydroelectric dam was placed in service 
     before the date of the enactment of this paragraph and 
     operated for flood control, navigation, or water supply 
     purposes and did not produce hydroelectric power on the date 
     of the enactment of this paragraph, and
       ``(iii) the hydroelectric project is operated so that the 
     water surface elevation at any given location and time that 
     would have occurred in the absence of the hydroelectric 
     project is maintained, subject to any license requirements 
     imposed under applicable law that change the water surface 
     elevation for the purpose of improving environmental quality 
     of the affected waterway.

     The Secretary, in consultation with the Federal Energy 
     Regulatory Commission, shall certify if a hydroelectric 
     project licensed at a nonhydroelectric dam meets the criteria 
     in clause (iii). Nothing in this section shall affect the 
     standards under which the Federal Energy Regulatory 
     Commission issues licenses for and regulates hydropower 
     projects under part I of the Federal Power Act.''.
       (g) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to property originally placed in service after December 31, 
     2008.
       (2) Repeal of credit phaseout.--The amendments made by 
     subsection (b)(1) shall apply to taxable years ending after 
     December 31, 2008.
       (3) Limitation based on investment in facility.--The 
     amendment made by subsection (b)(2) shall apply to property 
     originally placed in service after December 31, 2009.
       (4) Trash facility clarification; sales to related 
     regulated public utilities.--The amendments made by 
     subsections (c) and (e) shall apply to electricity produced 
     and sold after the date of the enactment of this Act.
       (5) Expansion of biomass facilities.--The amendments made 
     by subsection (d) shall apply to property placed in service 
     after the date of the enactment of this Act.

     SEC. 102. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM 
                   MARINE RENEWABLES.

       (a) In General.--Paragraph (1) of section 45(c) is amended 
     by striking ``and'' at the end of subparagraph (G), by 
     striking the period at the end of subparagraph (H) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(I) marine and hydrokinetic renewable energy.''.
       (b) Marine Renewables.--Subsection (c) of section 45 is 
     amended by adding at the end the following new paragraph:
       ``(10) Marine and hydrokinetic renewable energy.--
       ``(A) In general.--The term `marine and hydrokinetic 
     renewable energy' means energy derived from--
       ``(i) waves, tides, and currents in oceans, estuaries, and 
     tidal areas,
       ``(ii) free flowing water in rivers, lakes, and streams,
       ``(iii) free flowing water in an irrigation system, canal, 
     or other man-made channel, including projects that utilize 
     nonmechanical structures to accelerate the flow of water for 
     electric power production purposes, or
       ``(iv) differentials in ocean temperature (ocean thermal 
     energy conversion).
       ``(B) Exceptions.--Such term shall not include any energy 
     which is derived from any source which utilizes a dam, 
     diversionary structure (except as provided in subparagraph 
     (A)(iii)), or impoundment for electric power production 
     purposes.''.
       (c) Definition of Facility.--Subsection (d) of section 45 
     is amended by adding at the end the following new paragraph:
       ``(11) Marine and hydrokinetic renewable energy 
     facilities.--In the case of a facility producing electricity 
     from marine and hydrokinetic renewable energy, the term 
     `qualified facility' means any facility owned by the 
     taxpayer--
       ``(A) which has a nameplate capacity rating of at least 150 
     kilowatts, and
       ``(B) which is originally placed in service on or after the 
     date of the enactment of this paragraph and before January 1, 
     2012.''.
       (d) Credit Rate.--Subparagraph (A) of section 45(b)(4) is 
     amended by striking ``or (9)'' and inserting ``(9), or 
     (11)''.
       (e) Coordination With Small Irrigation Power.--Paragraph 
     (5) of section 45(d), as amended by section 101, is amended 
     by striking ``January 1, 2012'' and inserting ``the date of 
     the enactment of paragraph (11)''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act, in taxable years ending after 
     such date.

     SEC. 103. ENERGY CREDIT.

       (a) Extension of Credit.--
       (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and 
     (3)(A)(ii) of section 48(a) are each amended by striking 
     ``January 1, 2009'' and inserting ``January 1, 2015''.
       (2) Fuel cell property.--Subparagraph (E) of section 
     48(c)(1) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2014''.
       (3) Microturbine property.--Subparagraph (E) of section 
     48(c)(2) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2014''.
       (b) Allowance of Energy Credit Against Alternative Minimum 
     Tax.--Subparagraph (B) of section 38(c)(4) is amended by 
     striking ``and'' at the end of clause (iii), by redesignating 
     clause (iv) as clause (v), and by inserting after clause 
     (iii) the following new clause:

[[Page S5600]]

       ``(iv) the credit determined under section 46 to the extent 
     that such credit is attributable to the energy credit 
     determined under section 48, and''.
       (c) Energy Credit for Combined Heat and Power System 
     Property.--
       (1) In general.--Section 48(a)(3)(A) (defining energy 
     property) is amended by striking ``or'' at the end of clause 
     (iii), by inserting ``or'' at the end of clause (iv), and by 
     adding at the end the following new clause:
       ``(v) combined heat and power system property,''.
       (2) Combined heat and power system property.--Section 48 is 
     amended by adding at the end the following new subsection:
       ``(d) Combined Heat and Power System Property.--For 
     purposes of subsection (a)(3)(A)(v)--
       ``(1) Combined heat and power system property.--The term 
     `combined heat and power system property' means property 
     comprising a system--
       ``(A) which uses the same energy source for the 
     simultaneous or sequential generation of electrical power, 
     mechanical shaft power, or both, in combination with the 
     generation of steam or other forms of useful thermal energy 
     (including heating and cooling applications),
       ``(B) which produces--
       ``(i) at least 20 percent of its total useful energy in the 
     form of thermal energy which is not used to produce 
     electrical or mechanical power (or combination thereof), and
       ``(ii) at least 20 percent of its total useful energy in 
     the form of electrical or mechanical power (or combination 
     thereof),
       ``(C) the energy efficiency percentage of which exceeds 60 
     percent, and
       ``(D) which is placed in service before January 1, 2015.
       ``(2) Limitation.--
       ``(A) In general.--In the case of combined heat and power 
     system property with an electrical capacity in excess of the 
     applicable capacity placed in service during the taxable 
     year, the credit under subsection (a)(1) (determined without 
     regard to this paragraph) for such year shall be equal to the 
     amount which bears the same ratio to such credit as the 
     applicable capacity bears to the capacity of such property.
       ``(B) Applicable capacity.--For purposes of subparagraph 
     (A), the term `applicable capacity' means 15 megawatts or a 
     mechanical energy capacity of more than 20,000 horsepower or 
     an equivalent combination of electrical and mechanical energy 
     capacities.
       ``(C) Maximum capacity.--The term `combined heat and power 
     system property' shall not include any property comprising a 
     system if such system has a capacity in excess of 50 
     megawatts or a mechanical energy capacity in excess of 67,000 
     horsepower or an equivalent combination of electrical and 
     mechanical energy capacities.
       ``(3) Special rules.--
       ``(A) Energy efficiency percentage.--For purposes of this 
     subsection, the energy efficiency percentage of a system is 
     the fraction--
       ``(i) the numerator of which is the total useful 
     electrical, thermal, and mechanical power produced by the 
     system at normal operating rates, and expected to be consumed 
     in its normal application, and
       ``(ii) the denominator of which is the lower heating value 
     of the fuel sources for the system.
       ``(B) Determinations made on btu basis.--The energy 
     efficiency percentage and the percentages under paragraph 
     (1)(B) shall be determined on a Btu basis.
       ``(C) Input and output property not included.--The term 
     `combined heat and power system property' does not include 
     property used to transport the energy source to the facility 
     or to distribute energy produced by the facility.
       ``(4) Systems using biomass.--If a system is designed to 
     use biomass (within the meaning of paragraphs (2) and (3) of 
     section 45(c) without regard to the last sentence of 
     paragraph (3)(A)) for at least 90 percent of the energy 
     source--
       ``(A) paragraph (1)(C) shall not apply, but
       ``(B) the amount of credit determined under subsection (a) 
     with respect to such system shall not exceed the amount which 
     bears the same ratio to such amount of credit (determined 
     without regard to this paragraph) as the energy efficiency 
     percentage of such system bears to 60 percent.''.
       (d) Increase of Credit Limitation for Fuel Cell Property.--
     Subparagraph (B) of section 48(c)(1) is amended by striking 
     ``$500'' and inserting ``$1,500''.
       (e) Public Utility Property Taken Into Account.--
       (1) In general.--Paragraph (3) of section 48(a) is amended 
     by striking the second sentence thereof.
       (2) Conforming amendments.--
       (A) Paragraph (1) of section 48(c) is amended by striking 
     subparagraph (D) and redesignating subparagraph (E) as 
     subparagraph (D).
       (B) Paragraph (2) of section 48(c) is amended by striking 
     subparagraph (D) and redesignating subparagraph (E) as 
     subparagraph (D).
       (f) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on the date of the enactment of this Act.
       (2) Allowance against alternative minimum tax.--The 
     amendments made by subsection (b) shall apply to credits 
     determined under section 46 of the Internal Revenue Code of 
     1986 in taxable years beginning after the date of the 
     enactment of this Act and to carrybacks of such credits.
       (3) Combined heat and power and fuel cell property.--The 
     amendments made by subsections (c) and (d) shall apply to 
     periods after the date of the enactment of this Act, in 
     taxable years ending after such date, under rules similar to 
     the rules of section 48(m) of the Internal Revenue Code of 
     1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).
       (4)  Public utility property.--The amendments made by 
     subsection (e) shall apply to periods after February 13, 
     2008, in taxable years ending after such date, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 104. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

       (a) Extension.--Section 25D(g) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2014''.
       (b) Maximum Credit for Solar Electric Property.--
       (1) In general.--Section 25D(b)(1)(A) is amended by 
     striking ``$2,000'' and inserting ``$4,000''.
       (2) Conforming amendment.--Section 25D(e)(4)(A)(i) is 
     amended by striking ``$6,667'' and inserting ``$13,333''.
       (c) Credit for Residential Wind Property.--
       (1) In general.--Section 25D(a) is amended by striking 
     ``and'' at the end of paragraph (2), by striking the period 
     at the end of paragraph (3) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(4) 30 percent of the qualified small wind energy 
     property expenditures made by the taxpayer during such 
     year.''.
       (2) Limitation.--Section 25D(b)(1) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) $500 with respect to each half kilowatt of capacity 
     (not to exceed $4,000) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       (3) Qualified small wind energy property expenditures.--
       (A) In general.--Section 25D(d) is amended by adding at the 
     end the following new paragraph:
       ``(4) Qualified small wind energy property expenditure.--
     The term `qualified small wind energy property expenditure' 
     means an expenditure for property which uses a wind turbine 
     to generate electricity for use in connection with a dwelling 
     unit located in the United States and used as a residence by 
     the taxpayer.''.
       (B) No double benefit.--Section 45(d)(1) is amended by 
     adding at the end the following new sentence: ``Such term 
     shall not include any facility with respect to which any 
     qualified small wind energy property expenditure (as defined 
     in subsection (d)(4) of section 25D) is taken into account in 
     determining the credit under such section.''.
       (4) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A) is amended by striking ``and'' at the 
     end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) $1,667 in the case of each half kilowatt of capacity 
     (not to exceed $13,333) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       (d) Credit for Geothermal Heat pump Systems.--
       (1) In general.--Section 25D(a), as amended by subsection 
     (c), is amended by striking ``and'' at the end of paragraph 
     (3), by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(5) 30 percent of the qualified geothermal heat pump 
     property expenditures made by the taxpayer during such 
     year.''.
       (2) Limitation.--Section 25D(b)(1), as amended by 
     subsection (c), 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:
       ``(E) $2,000 with respect to any qualified geothermal heat 
     pump property expenditures.''.
       (3) Qualified geothermal heat pump property expenditure.--
     Section 25D(d), as amended by subsection (c), is amended by 
     adding at the end the following new paragraph:
       ``(5) Qualified geothermal heat pump property 
     expenditure.--
       ``(A) In general.--The term `qualified geothermal heat pump 
     property expenditure' means an expenditure for qualified 
     geothermal heat pump property installed on or in connection 
     with a dwelling unit located in the United States and used as 
     a residence by the taxpayer.
       ``(B) Qualified geothermal heat pump property.--The term 
     `qualified geothermal heat pump property' means any equipment 
     which--
       ``(i) uses the ground or ground water as a thermal energy 
     source to heat the dwelling unit referred to in subparagraph 
     (A) or as a thermal energy sink to cool such dwelling unit, 
     and
       ``(ii) meets the requirements of the Energy Star program 
     which are in effect at the time

[[Page S5601]]

     that the expenditure for such equipment is made.''.
       (4) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A), as amended by subsection (c), is 
     amended by striking ``and'' at the end of clause (iii), by 
     striking the period at the end of clause (iv) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(v) $6,667 in the case of any qualified geothermal heat 
     pump property expenditures.''.
       (e) Credit Allowed Against Alternative Minimum Tax.--
       (1) In general.--Subsection (c) of section 25D is amended 
     to read as follows:
       ``(c) Limitation Based on Amount of Tax; Carryforward of 
     Unused Credit.--
       ``(1) 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 the taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) and section 27 for the taxable 
     year.
       ``(2) Carryforward of unused credit.--
       ``(A) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) exceeds the limitation 
     imposed by section 26(a)(2) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section), such excess shall be carried to the 
     succeeding taxable year and added to the credit allowable 
     under subsection (a) for such succeeding taxable year.
       ``(B) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such succeeding 
     taxable year.''.
       (2) Conforming amendments.--
       (A) Section 23(b)(4)(B) is amended by inserting ``and 
     section 25D'' after ``this section''.
       (B) Section 24(b)(3)(B) is amended by striking ``and 25B'' 
     and inserting ``, 25B, and 25D''.
       (C) Section 25B(g)(2) is amended by striking ``section 23'' 
     and inserting ``sections 23 and 25D''.
       (D) Section 26(a)(1) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25D''.
       (f) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2007.
       (2) Application of egtrra sunset.--The amendments made by 
     subparagraphs (A) and (B) of subsection (e)(2) shall be 
     subject to title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 in the same manner as the 
     provisions of such Act to which such amendments relate.

     SEC. 105. SPECIAL RULE TO IMPLEMENT FERC AND STATE ELECTRIC 
                   RESTRUCTURING POLICY.

       (a) Extension for Qualified Electric Utilities.--
       (1) In general.--Paragraph (3) of section 451(i) is amended 
     by inserting ``(before January 1, 2010, in the case of a 
     qualified electric utility)'' after ``January 1, 2008''.
       (2) Qualified electric utility.--Subsection (i) of section 
     451 is amended by redesignating paragraphs (6) through (10) 
     as paragraphs (7) through (11), respectively, and by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) Qualified electric utility.--For purposes of this 
     subsection, the term `qualified electric utility' means a 
     person that, as of the date of the qualifying electric 
     transmission transaction, is vertically integrated, in that 
     it is both--
       ``(A) a transmitting utility (as defined in section 3(23) 
     of the Federal Power Act (16 U.S.C. 796(23))) with respect to 
     the transmission facilities to which the election under this 
     subsection applies, and
       ``(B) an electric utility (as defined in section 3(22) of 
     the Federal Power Act (16 U.S.C. 796(22))).''.
       (b) Extension of Period for Transfer of Operational Control 
     Authorized by FERC.--Clause (ii) of section 451(i)(4)(B) is 
     amended by striking ``December 31, 2007'' and inserting ``the 
     date which is 4 years after the close of the taxable year in 
     which the transaction occurs''.
       (c) Property Located Outside the United States Not Treated 
     as Exempt Utility Property.--Paragraph (5) of section 451(i) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) Exception for property located outside the united 
     states.--The term `exempt utility property' shall not include 
     any property which is located outside the United States.''.
       (d) Effective Dates.--
       (1) Extension.--The amendments made by subsection (a) shall 
     apply to transactions after December 31, 2007.
       (2) Transfers of operational control.--The amendment made 
     by subsection (b) shall take effect as if included in section 
     909 of the American Jobs Creation Act of 2004.
       (3) Exception for property located outside the united 
     states.--The amendment made by subsection (c) shall apply to 
     transactions after the date of the enactment of this Act.

     SEC. 106. NEW CLEAN RENEWABLE ENERGY BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 54C. NEW CLEAN RENEWABLE ENERGY BONDS.

       ``(a) New Clean Renewable Energy Bond.--For purposes of 
     this subpart, the term `new clean renewable energy bond' 
     means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for capital expenditures incurred by 
     governmental bodies, public power providers, or cooperative 
     electric companies for one or more qualified renewable energy 
     facilities,
       ``(2) the bond is issued by a qualified issuer, and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Reduced Credit Amount.--The annual credit determined 
     under section 54A(b) with respect to any new clean renewable 
     energy bond shall be 70 percent of the amount so determined 
     without regard to this subsection.
       ``(c) Limitation on Amount of Bonds Designated.--
       ``(1) In general.--The maximum aggregate face amount of 
     bonds which may be designated under subsection (a) by any 
     issuer shall not exceed the limitation amount allocated under 
     this subsection to such issuer.
       ``(2) National limitation on amount of bonds designated.--
     There is a national new clean renewable energy bond 
     limitation of $2,000,000,000 which shall be allocated by the 
     Secretary as provided in paragraph (3), except that--
       ``(A) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of public power providers,
       ``(B) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of governmental bodies, and
       ``(C) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of cooperative electric 
     companies.
       ``(3) Method of allocation.--
       ``(A) Allocation among public power providers.--After the 
     Secretary determines the qualified projects of public power 
     providers which are appropriate for receiving an allocation 
     of the national new clean renewable energy bond limitation, 
     the Secretary shall, to the maximum extent practicable, make 
     allocations among such projects in such manner that the 
     amount allocated to each such project bears the same ratio to 
     the cost of such project as the limitation under paragraph 
     (2)(A) bears to the cost of all such projects.
       ``(B) Allocation among governmental bodies and cooperative 
     electric companies.--The Secretary shall make allocations of 
     the amount of the national new clean renewable energy bond 
     limitation described in paragraphs (2)(B) and (2)(C) among 
     qualified projects of governmental bodies and cooperative 
     electric companies, respectively, in such manner as the 
     Secretary determines appropriate.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified renewable energy facility.--The term 
     `qualified renewable energy facility' means a qualified 
     facility (as determined under section 45(d) without regard to 
     paragraphs (8) and (10) thereof and to any placed in service 
     date) owned by a public power provider, a governmental body, 
     or a cooperative electric company.
       ``(2) Public power provider.--The term `public power 
     provider' means a State utility with a service obligation, as 
     such terms are defined in section 217 of the Federal Power 
     Act (as in effect on the date of the enactment of this 
     paragraph).
       ``(3) Governmental body.--The term `governmental body' 
     means any State or Indian tribal government, or any political 
     subdivision thereof.
       ``(4) Cooperative electric company.--The term `cooperative 
     electric company' means a mutual or cooperative electric 
     company described in section 501(c)(12) or section 
     1381(a)(2)(C).
       ``(5) Clean renewable energy bond lender.--The term `clean 
     renewable energy bond lender' means a lender which is a 
     cooperative which is owned by, or has outstanding loans to, 
     100 or more cooperative electric companies and is in 
     existence on February 1, 2002, and shall include any 
     affiliated entity which is controlled by such lender.
       ``(6) Qualified issuer.--The term `qualified issuer' means 
     a public power provider, a cooperative electric company, a 
     governmental body, a clean renewable energy bond lender, or a 
     not-for-profit electric utility which has received a loan or 
     loan guarantee under the Rural Electrification Act.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) is amended to read as 
     follows:
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond, or
       ``(B) a new clean renewable energy bond,
     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2) is amended to 
     read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e), and

[[Page S5602]]

       ``(ii) in the case of a new clean renewable energy bond, a 
     purpose specified in section 54C(a)(1).''.
       (3) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54C. Qualified clean renewable energy bonds.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

                 PART II--CARBON MITIGATION PROVISIONS

     SEC. 111. EXPANSION AND MODIFICATION OF ADVANCED COAL PROJECT 
                   INVESTMENT CREDIT.

       (a) Modification of Credit Amount.--Section 48A(a) is 
     amended by striking ``and'' at the end of paragraph (1), by 
     striking the period at the end of paragraph (2) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(3) 30 percent of the qualified investment for such 
     taxable year in the case of projects described in clause 
     (iii) of subsection (d)(3)(B).''.
       (b) Expansion of Aggregate Credits.--Section 48A(d)(3)(A) 
     is amended by striking ``$1,300,000,000'' and inserting 
     ``$2,550,000,000''.
       (c) Authorization of Additional Projects.--
       (1) In general.--Subparagraph (B) of section 48A(d)(3) is 
     amended to read as follows:
       ``(B) Particular projects.--Of the dollar amount in 
     subparagraph (A), the Secretary is authorized to certify--
       ``(i) $800,000,000 for integrated gasification combined 
     cycle projects the application for which is submitted during 
     the period described in paragraph (2)(A)(i),
       ``(ii) $500,000,000 for projects which use other advanced 
     coal-based generation technologies the application for which 
     is submitted during the period described in paragraph 
     (2)(A)(i), and
       ``(iii) $1,250,000,000 for advanced coal-based generation 
     technology projects the application for which is submitted 
     during the period described in paragraph (2)(A)(ii).''.
       (2) Application period for additional projects.--
     Subparagraph (A) of section 48A(d)(2) is amended to read as 
     follows:
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application meeting the 
     requirements of subparagraph (B). An applicant may only 
     submit an application--
       ``(i) for an allocation from the dollar amount specified in 
     clause (i) or (ii) of paragraph (3)(B) during the 3-year 
     period beginning on the date the Secretary establishes the 
     program under paragraph (1), and
       ``(ii) for an allocation from the dollar amount specified 
     in paragraph (3)(B)(iii) during the 3-year period beginning 
     at the earlier of the termination of the period described in 
     clause (i) or the date prescribed by the Secretary.''.
       (3) Capture and sequestration of carbon dioxide emissions 
     requirement.--
       (A) In general.--Section 48A(e)(1) is amended by striking 
     ``and'' at the end of subparagraph (E), by striking the 
     period at the end of subparagraph (F) and inserting ``; 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(G) in the case of any project the application for which 
     is submitted during the period described in subsection 
     (d)(2)(A)(ii), the project includes equipment which separates 
     and sequesters at least 65 percent (70 percent in the case of 
     an application for reallocated credits under subsection 
     (d)(4)) of such project's total carbon dioxide emissions.''.
       (B) Highest priority for projects which sequester carbon 
     dioxide emissions.--Section 48A(e)(3) is amended by striking 
     ``and'' at the end of subparagraph (A)(iii), by striking the 
     period at the end of subparagraph (B)(iii) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) give highest priority to projects with the greatest 
     separation and sequestration percentage of total carbon 
     dioxide emissions.''.
       (C) Recapture of credit for failure to sequester.--Section 
     48A is amended by adding at the end the following new 
     subsection:
       ``(i) Recapture of Credit for Failure To Sequester.--The 
     Secretary shall provide for recapturing the benefit of any 
     credit allowable under subsection (a) with respect to any 
     project which fails to attain or maintain the separation and 
     sequestration requirements of subsection (e)(1)(G).''.
       (4) Additional priority for research partnerships.--Section 
     48A(e)(3)(B), as amended by paragraph (3)(B), is amended--
       (A) by striking ``and'' at the end of clause (ii),
       (B) by redesignating clause (iii) as clause (iv), and
       (C) by inserting after clause (ii) the following new 
     clause:
       ``(iii) applicant participants who have a research 
     partnership with an eligible educational institution (as 
     defined in section 529(e)(5)), and''.
       (5) Clerical amendment.--Section 48A(e)(3) is amended by 
     striking ``integrated gasification combined cycle'' in the 
     heading and inserting ``certain''.
       (d) Disclosure of Allocations.--Section 48A(d) is amended 
     by adding at the end the following new paragraph:
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection or section 
     48B(d), publicly disclose the identity of the applicant and 
     the amount of the credit certified with respect to such 
     applicant.''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to credits the application for which is submitted during the 
     period described in section 48A(d)(2)(A)(ii) of the Internal 
     Revenue Code of 1986 and which are allocated or reallocated 
     after the date of the enactment of this Act.
       (2) Disclosure of allocations.--The amendment made by 
     subsection (d) shall apply to certifications made after the 
     date of the enactment of this Act.
       (3) Clerical amendment.--The amendment made by subsection 
     (c)(5) shall take effect as if included in the amendment made 
     by section 1307(b) of the Energy Tax Incentives Act of 2005.

     SEC. 112. EXPANSION AND MODIFICATION OF COAL GASIFICATION 
                   INVESTMENT CREDIT.

       (a) Modification of Credit Amount.--Section 48B(a) is 
     amended by inserting ``(30 percent in the case of credits 
     allocated under subsection (d)(1)(B))'' after ``20 percent''.
       (b) Expansion of Aggregate Credits.--Section 48B(d)(1) is 
     amended by striking ``shall not exceed $350,000,000'' and all 
     that follows and inserting ``shall not exceed--
       ``(A) $350,000,000, plus
       ``(B) $250,000,000 for qualifying gasification projects 
     that include equipment which separates and sequesters at 
     least 75 percent of such project's total carbon dioxide 
     emissions.''.
       (c) Recapture of Credit for Failure To Sequester.--Section 
     48B is amended by adding at the end the following new 
     subsection:
       ``(f) Recapture of Credit for Failure To Sequester.--The 
     Secretary shall provide for recapturing the benefit of any 
     credit allowable under subsection (a) with respect to any 
     project which fails to attain or maintain the separation and 
     sequestration requirements for such project under subsection 
     (d)(1).''.
       (d) Selection Priorities.--Section 48B(d) is amended by 
     adding at the end the following new paragraph:
       ``(4) Selection priorities.--In determining which 
     qualifying gasification projects to certify under this 
     section, the Secretary shall--
       ``(A) give highest priority to projects with the greatest 
     separation and sequestration percentage of total carbon 
     dioxide emissions, and
       ``(B) give high priority to applicant participants who have 
     a research partnership with an eligible educational 
     institution (as defined in section 529(e)(5)).''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to credits described in section 48B(d)(1)(B) of 
     the Internal Revenue Code of 1986 which are allocated or 
     reallocated after the date of the enactment of this Act.

     SEC. 113. TEMPORARY INCREASE IN COAL EXCISE TAX.

       Paragraph (2) of section 4121(e) is amended--
       (1) by striking ``January 1, 2014'' in subparagraph (A) and 
     inserting ``December 31, 2018'', and
       (2) by striking ``January 1 after 1981'' in subparagraph 
     (B) and inserting ``December 31 after 2007''.

     SEC. 114. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO 
                   CERTAIN COAL PRODUCERS AND EXPORTERS.

       (a) Refund.--
       (1) Coal producers.--
       (A) In general.--Notwithstanding subsections (a)(1) and (c) 
     of section 6416 and section 6511 of the Internal Revenue Code 
     of 1986, if--
       (i) a coal producer establishes that such coal producer, or 
     a party related to such coal producer, exported coal produced 
     by such coal producer to a foreign country or shipped coal 
     produced by such coal producer to a possession of the United 
     States, or caused such coal to be exported or shipped, the 
     export or shipment of which was other than through an 
     exporter who meets the requirements of paragraph (2),
       (ii) such coal producer filed an excise tax return on or 
     after October 1, 1990, and on or before the date of the 
     enactment of this Act, and
       (iii) such coal producer files a claim for refund with the 
     Secretary not later than the close of the 30-day period 
     beginning on the date of the enactment of this Act,

     then the Secretary shall pay to such coal producer an amount 
     equal to the tax paid under section 4121 of such Code on such 
     coal exported or shipped by the coal producer or a party 
     related to such coal producer, or caused by the coal producer 
     or a party related to such coal producer to be exported or 
     shipped.
       (B) Special rules for certain taxpayers.--For purposes of 
     this section--
       (i) In general.--If a coal producer or a party related to a 
     coal producer has received a judgment described in clause 
     (iii), such coal producer shall be deemed to have established 
     the export of coal to a foreign country or shipment of coal 
     to a possession of the United States under subparagraph 
     (A)(i).
       (ii) Amount of payment.--If a taxpayer described in clause 
     (i) is entitled to a payment under subparagraph (A), the 
     amount of such payment shall be reduced by any amount paid 
     pursuant to the judgment described in clause (iii).
       (iii) Judgment described.--A judgment is described in this 
     subparagraph if such judgment--

       (I) is made by a court of competent jurisdiction within the 
     United States,

[[Page S5603]]

       (II) relates to the constitutionality of any tax paid on 
     exported coal under section 4121 of the Internal Revenue Code 
     of 1986, and
       (III) is in favor of the coal producer or the party related 
     to the coal producer.

       (2) Exporters.--Notwithstanding subsections (a)(1) and (c) 
     of section 6416 and section 6511 of the Internal Revenue Code 
     of 1986, and a judgment described in paragraph (1)(B)(iii) of 
     this subsection, if--
       (A) an exporter establishes that such exporter exported 
     coal to a foreign country or shipped coal to a possession of 
     the United States, or caused such coal to be so exported or 
     shipped,
       (B) such exporter filed a tax return on or after October 1, 
     1990, and on or before the date of the enactment of this Act, 
     and
       (C) such exporter files a claim for refund with the 
     Secretary not later than the close of the 30-day period 
     beginning on the date of the enactment of this Act,

     then the Secretary shall pay to such exporter an amount equal 
     to $0.825 per ton of such coal exported by the exporter or 
     caused to be exported or shipped, or caused to be exported or 
     shipped, by the exporter.
       (b) Limitations.--Subsection (a) shall not apply with 
     respect to exported coal if a settlement with the Federal 
     Government has been made with and accepted by, the coal 
     producer, a party related to such coal producer, or the 
     exporter, of such coal, as of the date that the claim is 
     filed under this section with respect to such exported coal. 
     For purposes of this subsection, the term ``settlement with 
     the Federal Government'' shall not include any settlement or 
     stipulation entered into as of the date of the enactment of 
     this Act, the terms of which contemplate a judgment 
     concerning which any party has reserved the right to file an 
     appeal, or has filed an appeal.
       (c) Subsequent Refund Prohibited.--No refund shall be made 
     under this section to the extent that a credit or refund of 
     such tax on such exported or shipped coal has been paid to 
     any person.
       (d) Definitions.--For purposes of this section--
       (1) Coal producer.--The term ``coal producer'' means the 
     person in whom is vested ownership of the coal immediately 
     after the coal is severed from the ground, without regard to 
     the existence of any contractual arrangement for the sale or 
     other disposition of the coal or the payment of any royalties 
     between the producer and third parties. The term includes any 
     person who extracts coal from coal waste refuse piles or from 
     the silt waste product which results from the wet washing (or 
     similar processing) of coal.
       (2) Exporter.--The term ``exporter'' means a person, other 
     than a coal producer, who does not have a contract, fee 
     arrangement, or any other agreement with a producer or seller 
     of such coal to export or ship such coal to a third party on 
     behalf of the producer or seller of such coal and--
       (A) is indicated in the shipper's export declaration or 
     other documentation as the exporter of record, or
       (B) actually exported such coal to a foreign country or 
     shipped such coal to a possession of the United States, or 
     caused such coal to be so exported or shipped.
       (3) Related party.--The term ``a party related to such coal 
     producer'' means a person who--
       (A) is related to such coal producer through any degree of 
     common management, stock ownership, or voting control,
       (B) is related (within the meaning of section 144(a)(3) of 
     the Internal Revenue Code of 1986) to such coal producer, or
       (C) has a contract, fee arrangement, or any other agreement 
     with such coal producer to sell such coal to a third party on 
     behalf of such coal producer.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Treasury or the Secretary's designee.
       (e) Timing of Refund.--With respect to any claim for refund 
     filed pursuant to this section, the Secretary shall determine 
     whether the requirements of this section are met not later 
     than 180 days after such claim is filed. If the Secretary 
     determines that the requirements of this section are met, the 
     claim for refund shall be paid not later than 180 days after 
     the Secretary makes such determination.
       (f) Interest.--Any refund paid pursuant to this section 
     shall be paid by the Secretary with interest from the date of 
     overpayment determined by using the overpayment rate and 
     method under section 6621 of the Internal Revenue Code of 
     1986.
       (g) Denial of Double Benefit.--The payment under subsection 
     (a) with respect to any coal shall not exceed--
       (1) in the case of a payment to a coal producer, the amount 
     of tax paid under section 4121 of the Internal Revenue Code 
     of 1986 with respect to such coal by such coal producer or a 
     party related to such coal producer, and
       (2) in the case of a payment to an exporter, an amount 
     equal to $0.825 per ton with respect to such coal exported by 
     the exporter or caused to be exported by the exporter.
       (h) Application of Section.--This section applies only to 
     claims on coal exported or shipped on or after October 1, 
     1990, through the date of the enactment of this Act.
       (i) Standing Not Conferred.--
       (1) Exporters.--With respect to exporters, this section 
     shall not confer standing upon an exporter to commence, or 
     intervene in, any judicial or administrative proceeding 
     concerning a claim for refund by a coal producer of any 
     Federal or State tax, fee, or royalty paid by the coal 
     producer.
       (2) Coal producers.--With respect to coal producers, this 
     section shall not confer standing upon a coal producer to 
     commence, or intervene in, any judicial or administrative 
     proceeding concerning a claim for refund by an exporter of 
     any Federal or State tax, fee, or royalty paid by the 
     producer and alleged to have been passed on to an exporter.

     SEC. 115. CARBON AUDIT OF THE TAX CODE.

       (a) Study.--The Secretary of the Treasury shall enter into 
     an agreement with the National Academy of Sciences to 
     undertake a comprehensive review of the Internal Revenue Code 
     of 1986 to identify the types of and specific tax provisions 
     that have the largest effects on carbon and other greenhouse 
     gas emissions and to estimate the magnitude of those effects.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to Congress a report containing the results of study 
     authorized under this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     the period of fiscal years 2008 and 2009.

    Subtitle B--Transportation and Domestic Fuel Security Provisions

     SEC. 121. INCLUSION OF CELLULOSIC BIOFUEL IN BONUS 
                   DEPRECIATION FOR BIOMASS ETHANOL PLANT 
                   PROPERTY.

       (a) In General.--Paragraph (3) of section 168(l) is amended 
     to read as follows:
       ``(3) Cellulosic biofuel.--The term `cellulosic biofuel' 
     means any liquid fuel which is produced from any 
     lignocellulosic or hemicellulosic matter that is available on 
     a renewable or recurring basis.''.
       (b) Conforming Amendments.--Subsection (l) of section 168 
     is amended--
       (1) by striking ``cellulosic biomass ethanol'' each place 
     it appears and inserting ``cellulosic biofuel'',
       (2) by striking ``Cellulosic Biomass Ethanol'' in the 
     heading of such subsection and inserting ``Cellulosic 
     Biofuel'', and
       (3) by striking ``cellulosic biomass ethanol'' in the 
     heading of paragraph (2) thereof and inserting ``cellulosic 
     biofuel''.
       (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, in taxable years ending after such 
     date.

     SEC. 122. CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) In General.--Sections 40A(g), 6426(c)(6), and 
     6427(e)(5)(B) are each amended by striking ``December 31, 
     2008'' and inserting ``December 31, 2009''.
       (b) Increase in Rate of Credit.--
       (1) Income tax credit.--Paragraphs (1)(A) and (2)(A) of 
     section 40A(b) are each amended by striking ``50 cents'' and 
     inserting ``$1.00''.
       (2) Excise tax credit.--Paragraph (2) of section 6426(c) is 
     amended to read as follows:
       ``(2) Applicable amount.--For purposes of this subsection, 
     the applicable amount is $1.00.''.
       (3) Conforming amendments.--
       (A) Subsection (b) of section 40A is amended by striking 
     paragraph (3) and by redesignating paragraphs (4) and (5) as 
     paragraphs (3) and (4), respectively.
       (B) Paragraph (2) of section 40A(f) is amended to read as 
     follows:
       ``(2) Exception.--Subsection (b)(4) shall not apply with 
     respect to renewable diesel.''.
       (C) Paragraphs (2) and (3) of section 40A(e) are each 
     amended by striking ``subsection (b)(5)(C)'' and inserting 
     ``subsection (b)(4)(C)''.
       (D) Clause (ii) of section 40A(d)(3)(C) is amended by 
     striking ``subsection (b)(5)(B)'' and inserting ``subsection 
     (b)(4)(B)''.
       (c) Uniform Treatment of Diesel Produced From Biomass.--
     Paragraph (3) of section 40A(f) is amended--
       (1) by striking ``diesel fuel'' and inserting ``liquid 
     fuel'',
       (2) by striking ``using a thermal depolymerization 
     process'', and
       (3) by striking ``or D396'' in subparagraph (B) and 
     inserting ``, D396, or other equivalent standard approved by 
     the Secretary''.
       (d) Coproduction of Renewable Diesel With Petroleum 
     Feedstock.--
       (1) In general.--Paragraph (3) of section 40A(f) (defining 
     renewable diesel) is amended by adding at the end the 
     following new sentence: ``Such term does not include any fuel 
     derived from coprocessing biomass with a feedstock which is 
     not biomass. For purposes of this paragraph, the term 
     `biomass' has the meaning given such term by section 
     45K(c)(3).''.
       (2) Conforming amendment.--Paragraph (3) of section 40A(f) 
     is amended by striking ``(as defined in section 45K(c)(3))''.
       (e) Eligibility of Certain Aviation Fuel.--Paragraph (3) of 
     section 40A(f) (defining renewable diesel) is amended by 
     adding at the end the following: ``The term `renewable 
     diesel' also means fuel derived from biomass 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.''.
       (f) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to fuel produced, and sold or used, after December 31, 2008.
       (2) Coproduction of renewable diesel with petroleum 
     feedstock.--The amendments made by subsection (d) shall apply 
     to

[[Page S5604]]

     fuel produced, and sold or used, after the date of the 
     enactment of this Act.

     SEC. 123. CLARIFICATION THAT CREDITS FOR FUEL ARE DESIGNED TO 
                   PROVIDE AN INCENTIVE FOR UNITED STATES 
                   PRODUCTION.

       (a) Alcohol Fuels Credit.--Paragraph (6) of section 40(d) 
     is amended to read as follows:
       ``(6) Limitation to alcohol with connection to the united 
     states.--No credit shall be determined under this section 
     with respect to any alcohol which is produced outside the 
     United States for use as a fuel outside the United States. 
     For purposes of this paragraph, the term `United States' 
     includes any possession of the United States.''.
       (b) Biodiesel Fuels Credit.--Subsection (d) of section 40A 
     is amended by adding at the end the following new paragraph:
       ``(5) Limitation to biodiesel with connection to the united 
     states.--No credit shall be determined under this section 
     with respect to any biodiesel which is produced outside the 
     United States for use as a fuel outside the United States. 
     For purposes of this paragraph, the term `United States' 
     includes any possession of the United States.''.
       (c) Excise Tax Credit.--
       (1) In general.--Section 6426 is amended by adding at the 
     end the following new subsection:
       ``(i) Limitation to Fuels With Connection to the United 
     States.--
       ``(1) Alcohol.--No credit shall be determined under this 
     section with respect to any alcohol which is produced outside 
     the United States for use as a fuel outside the United 
     States.
       ``(2) Biodiesel and alternative fuels.--No credit shall be 
     determined under this section with respect to any biodiesel 
     or alternative fuel which is produced outside the United 
     States for use as a fuel outside the United States.
     For purposes of this subsection, the term `United States' 
     includes any possession of the United States.''.
       (2) Conforming amendment.--Subsection (e) of section 6427 
     is amended by redesignating paragraph (5) as paragraph (6) 
     and by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Limitation to fuels with connection to the united 
     states.--No amount shall be payable under paragraph (1) or 
     (2) with respect to any mixture or alternative fuel if credit 
     is not allowed with respect to such mixture or alternative 
     fuel by reason of section 6426(i).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to claims for credit or payment made on or after 
     May 15, 2008.

     SEC. 124. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE 
                   MOTOR VEHICLES.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
                   VEHICLES.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credit amounts 
     determined under subsection (b) with respect to each new 
     qualified plug-in electric drive motor vehicle placed in 
     service by the taxpayer during the taxable year.
       ``(b) Per Vehicle Dollar Limitation.--
       ``(1) In general.--The amount determined under this 
     subsection with respect to any new qualified plug-in electric 
     drive motor vehicle is the sum of the amounts determined 
     under paragraphs (2) and (3) with respect to such vehicle.
       ``(2) Base amount.--The amount determined under this 
     paragraph is $3,000.
       ``(3) Battery capacity.--In the case of a vehicle which 
     draws propulsion energy from a battery with not less than 5 
     kilowatt hours of capacity, the amount determined under this 
     paragraph is $200, plus $200 for each kilowatt hour of 
     capacity in excess of 5 kilowatt hours. The amount determined 
     under this paragraph shall not exceed $2,000.
       ``(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 and 25D) and section 
     27 for the taxable year.
       ``(d) New Qualified Plug-In Electric Drive Motor Vehicle.--
     For purposes of this section--
       ``(1) In general.--The term `new qualified plug-in electric 
     drive motor vehicle' means a motor vehicle (as defined in 
     section 30(c)(2))--
       ``(A) the original use of which commences with the 
     taxpayer,
       ``(B) which is acquired for use or lease by the taxpayer 
     and not for resale,
       ``(C) which is made by a manufacturer,
       ``(D) which has a gross vehicle weight rating of less than 
     14,000 pounds,
       ``(E) which has received a certificate of conformity under 
     the Clean Air Act and meets or exceeds the Bin 5 Tier II 
     emission standard established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle, and
       ``(F) which is propelled to a significant extent by an 
     electric motor which draws electricity from a battery which--
       ``(i) has a capacity of not less than 4 kilowatt hours, and
       ``(ii) is capable of being recharged from an external 
     source of electricity.
       ``(2) Exception.--The term `new qualified plug-in electric 
     drive motor vehicle' shall not include any vehicle which is 
     not a passenger automobile or light truck if such vehicle has 
     a gross vehicle weight rating of less than 8,500 pounds.
       ``(3) Other terms.--The terms `passenger automobile', 
     `light truck', and `manufacturer' have the meanings given 
     such terms in regulations prescribed by the Administrator of 
     the Environmental Protection Agency for purposes of the 
     administration of title II of the Clean Air Act (42 U.S.C. 
     7521 et seq.).
       ``(4) Battery capacity.--The term `capacity' means, with 
     respect to any battery, the quantity of electricity which the 
     battery is capable of storing, expressed in kilowatt hours, 
     as measured from a 100 percent state of charge to a 0 percent 
     state of charge.
       ``(e) Limitation on Number of New Qualified Plug-In 
     Electric Drive Motor Vehicles Eligible for Credit.--
       ``(1) In general.--In the case of a new qualified plug-in 
     electric drive motor vehicle sold during the phaseout period, 
     only the applicable percentage of the credit otherwise 
     allowable under subsection (a) shall be allowed.
       ``(2) Phaseout period.--For purposes of this subsection, 
     the phaseout period is the period beginning with the second 
     calendar quarter following the calendar quarter which 
     includes the first date on which the number of new qualified 
     plug-in electric drive motor vehicles manufactured by the 
     manufacturer of the vehicle referred to in paragraph (1) sold 
     for use in the United States after the date of the enactment 
     of this section, is at least 60,000.
       ``(3) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage is--
       ``(A) 50 percent for the first 2 calendar quarters of the 
     phaseout period,
       ``(B) 25 percent for the 3d and 4th calendar quarters of 
     the phaseout period, and
       ``(C) 0 percent for each calendar quarter thereafter.
       ``(4) Controlled groups.--Rules similar to the rules of 
     section 30B(f)(4) shall apply for purposes of this 
     subsection.
       ``(f) Special Rules.--
       ``(1) Basis reduction.--The basis of any property for which 
     a credit is allowable under subsection (a) shall be reduced 
     by the amount of such credit (determined without regard to 
     subsection (c)).
       ``(2) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(3) Property used outside united states, etc., not 
     qualified.--No credit shall be allowed under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the cost of any property 
     taken into account under section 179.
       ``(4) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects to not have this section apply to such vehicle.
       ``(5) Property used by tax-exempt entity; interaction with 
     air quality and motor vehicle safety standards.--Rules 
     similar to the rules of paragraphs (6) and (10) of section 
     30B(h) shall apply for purposes of this section.''.
       (b) Coordination With Alternative Motor Vehicle Credit.--
     Section 30B(d)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(D) Exclusion of plug-in vehicles.--Any vehicle with 
     respect to which a credit is allowable under section 30D 
     (determined without regard to subsection (c) thereof) shall 
     not be taken into account under this section.''.
       (c) Credit Made Part of General Business Credit.--Section 
     38(b) is amended--
       (1) by striking ``and'' each place it appears at the end of 
     any paragraph,
       (2) by striking ``plus'' each place it appears at the end 
     of any paragraph,
       (3) by striking the period at the end of paragraph (32) and 
     inserting ``, plus'', and
       (4) by adding at the end the following new paragraph:
       ``(33) the portion of the new qualified plug-in electric 
     drive motor vehicle credit to which section 30D(c)(1) 
     applies.''.
       (d) Conforming Amendments.--
       (1)(A) Section 24(b)(3)(B), as amended by section 104, is 
     amended by striking ``and 25D'' and inserting ``25D, and 
     30D''.
       (B) Section 25(e)(1)(C)(ii) is amended by inserting 
     ``30D,'' after ``25D,''.

[[Page S5605]]

       (C) Section 25B(g)(2), as amended by section 104, is 
     amended by striking ``and 25D'' and inserting ``, 25D, and 
     30D''.
       (D) Section 26(a)(1), as amended by section 104, is amended 
     by striking ``and 25D'' and inserting ``25D, and 30D''.
       (E) Section 1400C(d)(2) is amended by striking ``and 25D'' 
     and inserting ``25D, and 30D''.
       (2) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (35), by striking the period at the end of 
     paragraph (36) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(37) to the extent provided in section 30D(f)(1).''.
       (3) Section 6501(m) is amended by inserting ``30D(f)(4),'' 
     after ``30C(e)(5),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
       (e) Treatment of Alternative Motor Vehicle Credit as a 
     Personal Credit.--
       (1) In general.--Paragraph (2) of section 30B(g) is amended 
     to read as follows:
       ``(2) Personal credit.--The credit allowed under subsection 
     (a) for any taxable year (after application of paragraph (1)) 
     shall be treated as a credit allowable under subpart A for 
     such taxable year.''.
       (2) Conforming amendments.--
       (A) Subparagraph (A) of section 30C(d)(2) is amended by 
     striking ``sections 27, 30, and 30B'' and inserting 
     ``sections 27 and 30''.
       (B) Paragraph (3) of section 55(c) is amended by striking 
     ``30B(g)(2),''.
       (f) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years beginning after December 31, 2008.
       (2) Treatment of alternative motor vehicle credit as 
     personal credit.--The amendments made by subsection (e) shall 
     apply to taxable years beginning after December 31, 2007.
       (g) Application of EGTRRA Sunset.--The amendment made by 
     subsection (d)(1)(A) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.

     SEC. 125. EXCLUSION FROM HEAVY TRUCK TAX FOR IDLING REDUCTION 
                   UNITS AND ADVANCED INSULATION.

       (a) In General.--Section 4053 is amended by adding at the 
     end the following new paragraphs:
       ``(9) Idling reduction device.--Any device or system of 
     devices which--
       ``(A) is designed to provide to a vehicle those services 
     (such as heat, air conditioning, or electricity) that would 
     otherwise require the operation of the main drive engine 
     while the vehicle is temporarily parked or remains stationary 
     using one or more devices affixed to a tractor, and
       ``(B) is determined by the Administrator of the 
     Environmental Protection Agency, in consultation with the 
     Secretary of Energy and the Secretary of Transportation, to 
     reduce idling of such vehicle at a motor vehicle rest stop or 
     other location where such vehicles are temporarily parked or 
     remain stationary.
       ``(10) Advanced insulation.--Any insulation that has an R 
     value of not less than R35 per inch.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales or installations after the date of the 
     enactment of this Act.

     SEC. 126. RESTRUCTURING OF NEW YORK LIBERTY ZONE TAX CREDITS.

       (a) In General.--Part I of subchapter Y of chapter 1 is 
     amended by redesignating section 1400L as section 1400K and 
     by adding at the end the following new section:

     ``SEC. 1400L. NEW YORK LIBERTY ZONE TAX CREDITS.

       ``(a) In General.--In the case of a New York Liberty Zone 
     governmental unit, there shall be allowed as a credit against 
     any taxes imposed for any payroll period by section 3402 for 
     which such governmental unit is liable under section 3403 an 
     amount equal to so much of the portion of the qualifying 
     project expenditure amount allocated under subsection (b)(3) 
     to such governmental unit for the calendar year as is 
     allocated by such governmental unit to such period under 
     subsection (b)(4).
       ``(b) Qualifying Project Expenditure Amount.--For purposes 
     of this section--
       ``(1) In general.--The term `qualifying project expenditure 
     amount' means, with respect to any calendar year, the sum 
     of--
       ``(A) the total expenditures paid or incurred during such 
     calendar year by all New York Liberty Zone governmental units 
     and the Port Authority of New York and New Jersey for any 
     portion of qualifying projects located wholly within the City 
     of New York, New York, and
       ``(B) any such expenditures--
       ``(i) paid or incurred in any preceding calendar year which 
     begins after the date of enactment of this section, and
       ``(ii) not previously allocated under paragraph (3).
       ``(2) Qualifying project.--The term `qualifying project' 
     means any transportation infrastructure project, including 
     highways, mass transit systems, railroads, airports, ports, 
     and waterways, in or connecting with the New York Liberty 
     Zone (as defined in section 1400K(h)), which is designated as 
     a qualifying project under this section jointly by the 
     Governor of the State of New York and the Mayor of the City 
     of New York, New York.
       ``(3) General allocation.--
       ``(A) In general.--The Governor of the State of New York 
     and the Mayor of the City of New York, New York, shall 
     jointly allocate to each New York Liberty Zone governmental 
     unit the portion of the qualifying project expenditure amount 
     which may be taken into account by such governmental unit 
     under subsection (a) for any calendar year in the credit 
     period.
       ``(B) Aggregate limit.--The aggregate amount which may be 
     allocated under subparagraph (A) for all calendar years in 
     the credit period shall not exceed $2,000,000,000.
       ``(C) Annual limit.--The aggregate amount which may be 
     allocated under subparagraph (A) for any calendar year in the 
     credit period shall not exceed the sum of--
       ``(i) $115,000,000 ($425,000,000 in the case of the last 2 
     years in the credit period), plus
       ``(ii) the aggregate amount authorized to be allocated 
     under this paragraph for all preceding calendar years in the 
     credit period which was not so allocated.
       ``(D) Unallocated amounts at end of credit period.--If, as 
     of the close of the credit period, the amount under 
     subparagraph (B) exceeds the aggregate amount allocated under 
     subparagraph (A) for all calendar years in the credit period, 
     the Governor of the State of New York and the Mayor of the 
     City of New York, New York, may jointly allocate to New York 
     Liberty Zone governmental units for any calendar year in the 
     5-year period following the credit period an amount equal 
     to--
       ``(i) the lesser of--

       ``(I) such excess, or
       ``(II) the qualifying project expenditure amount for such 
     calendar year, reduced by

       ``(ii) the aggregate amount allocated under this 
     subparagraph for all preceding calendar years.
       ``(4) Allocation to payroll periods.--Each New York Liberty 
     Zone governmental unit which has been allocated a portion of 
     the qualifying project expenditure amount under paragraph (3) 
     for a calendar year may allocate such portion to payroll 
     periods beginning in such calendar year as such governmental 
     unit determines appropriate.
       ``(c) Carryover of Unused Allocations.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     the amount allocated under subsection (b)(3) to a New York 
     Liberty Zone governmental unit for any calendar year exceeds 
     the aggregate taxes imposed by section 3402 for which such 
     governmental unit is liable under section 3403 for periods 
     beginning in such year, such excess shall be carried to the 
     succeeding calendar year and added to the allocation of such 
     governmental unit for such succeeding calendar year.
       ``(2) Reallocation.--If a New York Liberty Zone 
     governmental unit does not use an amount allocated to it 
     under subsection (b)(3) within the time prescribed by the 
     Governor of the State of New York and the Mayor of the City 
     of New York, New York, then such amount shall after such time 
     be treated for purposes of subsection (b)(3) in the same 
     manner as if it had never been allocated.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Credit period.--The term `credit period' means the 
     12-year period beginning on January 1, 2009.
       ``(2) New york liberty zone governmental unit.--The term 
     `New York Liberty Zone governmental unit' means--
       ``(A) the State of New York,
       ``(B) the City of New York, New York, and
       ``(C) any agency or instrumentality of such State or City.
       ``(3) Treatment of funds.--Any expenditure for a qualifying 
     project taken into account for purposes of the credit under 
     this section shall be considered State and local funds for 
     the purpose of any Federal program.
       ``(4) Treatment of credit amounts for purposes of 
     withholding taxes.--For purposes of this title, a New York 
     Liberty Zone governmental unit shall be treated as having 
     paid to the Secretary, on the day on which wages are paid to 
     employees, an amount equal to the amount of the credit 
     allowed to such entity under subsection (a) with respect to 
     such wages, but only if such governmental unit deducts and 
     withholds wages for such payroll period under section 3401 
     (relating to wage withholding).
       ``(e) Reporting.--The Governor of the State of New York and 
     the Mayor of the City of New York, New York, shall jointly 
     submit to the Secretary an annual report--
       ``(1) which certifies--
       ``(A) the qualifying project expenditure amount for the 
     calendar year, and
       ``(B) the amount allocated to each New York Liberty Zone 
     governmental unit under subsection (b)(3) for the calendar 
     year, and
       ``(2) includes such other information as the Secretary may 
     require to carry out this section.
       ``(f) Guidance.--The Secretary may prescribe such guidance 
     as may be necessary or appropriate to ensure compliance with 
     the purposes of this section.''.
       (b) Termination of Special Allowance and Expensing.--
     Subparagraph (A) of section 1400K(b)(2), as redesignated by 
     subsection (a), is amended by striking the parenthetical 
     therein and inserting ``(in the case of nonresidential real 
     property and residential rental property, the date of the 
     enactment of the Energy Independence and Tax Relief Act of 
     2008 or, if acquired pursuant to a binding contract in effect 
     on such enactment date, December 31, 2009)''.

[[Page S5606]]

       (c) Conforming Amendments.--
       (1) Section 38(c)(3)(B) is amended by striking ``section 
     1400L(a)'' and inserting ``section 1400K(a)''.
       (2) Section 168(k)(2)(D)(ii) is amended by striking 
     ``section 1400L(c)(2)'' and inserting ``section 
     1400K(c)(2)''.
       (3) The table of sections for part I of subchapter Y of 
     chapter 1 is amended by redesignating the item relating to 
     section 1400L as an item relating to section 1400K and by 
     inserting after such item the following new item:

``Sec. 1400L. New York Liberty Zone tax credits.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 127. TRANSPORTATION FRINGE BENEFIT TO BICYCLE COMMUTERS.

       (a) In General.--Paragraph (1) of section 132(f) is amended 
     by adding at the end the following:
       ``(D) Any qualified bicycle commuting reimbursement.''.
       (b) 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) the applicable annual limitation in the case of any 
     qualified bicycle commuting reimbursement.''.
       (c) Definitions.--Paragraph (5) of section 132(f) is 
     amended by adding at the end the following:
       ``(F) Definitions related to bicycle commuting 
     reimbursement.--
       ``(i) Qualified bicycle commuting reimbursement.--The term 
     `qualified bicycle commuting reimbursement' means, with 
     respect to any calendar year, any employer reimbursement 
     during the 15-month period beginning with the first day of 
     such calendar year for reasonable expenses incurred by the 
     employee during such calendar year for the purchase of a 
     bicycle and bicycle improvements, repair, and storage, if 
     such bicycle is regularly used for travel between the 
     employee's residence and place of employment.
       ``(ii) Applicable annual limitation.--The term `applicable 
     annual limitation' means, with respect to any employee for 
     any calendar year, the product of $20 multiplied by the 
     number of qualified bicycle commuting months during such 
     year.
       ``(iii) Qualified bicycle commuting month.--The term 
     `qualified bicycle commuting month' means, with respect to 
     any employee, any month during which such employee--

       ``(I) regularly uses the bicycle for a substantial portion 
     of the travel between the employee's residence and place of 
     employment, and
       ``(II) does not receive any benefit described in 
     subparagraph (A), (B), or (C) of paragraph (1).''.

       (d) Constructive Receipt of Benefit.--Paragraph (4) of 
     section 132(f) is amended by inserting ``(other than a 
     qualified bicycle commuting reimbursement)'' after 
     ``qualified transportation fringe''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 128. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

       (a) Increase in Credit Amount.--Section 30C is amended--
       (1) by striking ``30 percent'' in subsection (a) and 
     inserting ``50 percent'', and
       (2) by striking ``$30,000'' in subsection (b)(1) and 
     inserting ``$50,000''.
       (b) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2010''.
       (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, in taxable years ending after such 
     date.

       Subtitle C--Energy Conservation and Efficiency Provisions

     SEC. 141. QUALIFIED ENERGY CONSERVATION BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1, as amended by section 106, is amended by adding at 
     the end the following new section:

     ``SEC. 54D. QUALIFIED ENERGY CONSERVATION BONDS.

       ``(a) Qualified Energy Conservation Bond.--For purposes of 
     this subchapter, the term `qualified energy conservation 
     bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for one or more qualified conservation 
     purposes,
       ``(2) the bond is issued by a State or local government, 
     and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Reduced Credit Amount.--The annual credit determined 
     under section 54A(b) with respect to any qualified energy 
     conservation bond shall be 70 percent of the amount so 
     determined without regard to this subsection.
       ``(c) Limitation on Amount of Bonds Designated.--The 
     maximum aggregate face amount of bonds which may be 
     designated under subsection (a) by any issuer shall not 
     exceed the limitation amount allocated to such issuer under 
     subsection (e).
       ``(d) National Limitation on Amount of Bonds Designated.--
     There is a national qualified energy conservation bond 
     limitation of $3,000,000,000.
       ``(e) Allocations.--
       ``(1) In general.--The limitation applicable under 
     subsection (d) shall be allocated by the Secretary among the 
     States in proportion to the population of the States.
       ``(2) Allocations to largest local governments.--
       ``(A) In general.--In the case of any State in which there 
     is a large local government, each such local government shall 
     be allocated a portion of such State's allocation which bears 
     the same ratio to the State's allocation (determined without 
     regard to this subparagraph) as the population of such large 
     local government bears to the population of such State.
       ``(B) Allocation of unused limitation to state.--The amount 
     allocated under this subsection to a large local government 
     may be reallocated by such local government to the State in 
     which such local government is located.
       ``(C) Large local government.--For purposes of this 
     section, the term `large local government' means any 
     municipality or county if such municipality or county has a 
     population of 100,000 or more.
       ``(3) Allocation to issuers; restriction on private 
     activity bonds.--Any allocation under this subsection to a 
     State or large local government shall be allocated by such 
     State or large local government to issuers within the State 
     in a manner that results in not less than 70 percent of the 
     allocation to such State or large local government being used 
     to designate bonds which are not private activity bonds.
       ``(f) Qualified Conservation Purpose.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified conservation 
     purpose' means any of the following:
       ``(A) Capital expenditures incurred for purposes of--
       ``(i) reducing energy consumption in publicly-owned 
     buildings by at least 20 percent,
       ``(ii) implementing green community programs,
       ``(iii) rural development involving the production of 
     electricity from renewable energy resources, or
       ``(iv) any qualified facility (as determined under section 
     45(d) without regard to paragraphs (8) and (10) thereof and 
     without regard to any placed in service date).
       ``(B) Expenditures with respect to research facilities, and 
     research grants, to support research in--
       ``(i) development of cellulosic ethanol or other nonfossil 
     fuels,
       ``(ii) technologies for the capture and sequestration of 
     carbon dioxide produced through the use of fossil fuels,
       ``(iii) increasing the efficiency of existing technologies 
     for producing nonfossil fuels,
       ``(iv) automobile battery technologies and other 
     technologies to reduce fossil fuel consumption in 
     transportation, or
       ``(v) technologies to reduce energy use in buildings.
       ``(C) Mass commuting facilities and related facilities that 
     reduce the consumption of energy, including expenditures to 
     reduce pollution from vehicles used for mass commuting.
       ``(D) Demonstration projects designed to promote the 
     commercialization of--
       ``(i) green building technology,
       ``(ii) conversion of agricultural waste for use in the 
     production of fuel or otherwise,
       ``(iii) advanced battery manufacturing technologies,
       ``(iv) technologies to reduce peak use of electricity, or
       ``(v) technologies for the capture and sequestration of 
     carbon dioxide emitted from combusting fossil fuels in order 
     to produce electricity.
       ``(E) Public education campaigns to promote energy 
     efficiency.
       ``(2) Special rules for private activity bonds.--For 
     purposes of this section, in the case of any private activity 
     bond, the term `qualified conservation purposes' shall not 
     include any expenditure which is not a capital expenditure.
       ``(g) Population.--
       ``(1) In general.--The population of any State or local 
     government shall be determined for purposes of this section 
     as provided in section 146(j) for the calendar year which 
     includes the date of the enactment of this section.
       ``(2) Special rule for counties.--In determining the 
     population of any county for purposes of this section, any 
     population of such county which is taken into account in 
     determining the population of any municipality which is a 
     large local government shall not be taken into account in 
     determining the population of such county.
       ``(h) Application to Indian Tribal Governments.--An Indian 
     tribal government shall be treated for purposes of this 
     section in the same manner as a large local government, 
     except that--
       ``(1) an Indian tribal government shall be treated for 
     purposes of subsection (e) as located within a State to the 
     extent of so much of the population of such government as 
     resides within such State, and
       ``(2) any bond issued by an Indian tribal government shall 
     be treated as a qualified energy conservation bond only if 
     issued as part of an issue the available project proceeds of 
     which are used for purposes for which such Indian tribal 
     government could issue bonds to which section 103(a) 
     applies.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d), as amended by section 
     106, is amended to read as follows:

[[Page S5607]]

       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond,
       ``(B) a new clean renewable energy bond, or
       ``(C) a qualified energy conservation bond,
     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2), as amended by 
     section 106, is amended to read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e),
       ``(ii) in the case of a new clean renewable energy bond, a 
     purpose specified in section 54C(a)(1), and
       ``(iii) in the case of a qualified energy conservation 
     bond, a purpose specified in section 54D(a)(1).''.
       (3) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54D. Qualified energy conservation bonds.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 142. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension of Credit.--Section 25C(g) is amended by 
     striking ``December 31, 2007'' and inserting ``December 31, 
     2008''.
       (b) Qualified Biomass Fuel Property.--
       (1) In general.--Section 25C(d)(3) is amended--
       (A) by striking ``and'' at the end of subparagraph (D),
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``, and'', and
       (C) by adding at the end the following new subparagraph:
       ``(F) a stove which uses the burning of biomass fuel to 
     heat a dwelling unit located in the United States and used as 
     a residence by the taxpayer, or to heat water for use in such 
     a dwelling unit, and which has a thermal efficiency rating of 
     at least 75 percent.''.
       (2) Biomass fuel.--Section 25C(d) is amended by adding at 
     the end the following new paragraph:
       ``(6) Biomass fuel.--The term `biomass fuel' means any 
     plant-derived fuel available on a renewable or recurring 
     basis, including agricultural crops and trees, wood and wood 
     waste and residues (including wood pellets), plants 
     (including aquatic plants), grasses, residues, and fibers.''.
       (c) Coordination With Credit for Qualified Geothermal Heat 
     Pump Property Expenditures.--
       (1) In general.--Paragraph (3) of section 25C(d), as 
     amended by subsection (b), is amended by striking 
     subparagraph (C) and by redesignating subparagraphs (D), (E), 
     and (F) as subparagraphs (C), (D), and (E), respectively.
       (2) Conforming amendment.--Subparagraph (C) of section 
     25C(d)(2) is amended to read as follows:
       ``(C) Requirements and standards for air conditioners and 
     heat pumps.--The standards and requirements prescribed by the 
     Secretary under subparagraph (B) with respect to the energy 
     efficiency ratio (EER) for central air conditioners and 
     electric heat pumps--
       ``(i) shall require measurements to be based on published 
     data which is tested by manufacturers at 95 degrees 
     Fahrenheit, and
       ``(ii) may be based on the certified data of the Air 
     Conditioning and Refrigeration Institute that are prepared in 
     partnership with the Consortium for Energy Efficiency.''.
       (d) Modification of Qualified Energy Efficiency 
     Improvements.--
       (1) In general.--Paragraph (1) of section 25C(c) is amended 
     by inserting ``, or an asphalt roof with appropriate cooling 
     granules,'' before ``which meet the Energy Star program 
     requirements''.
       (2) Building envelope component.--Subparagraph (D) of 
     section 25C(c)(2) is amended--
       (A) by inserting ``or asphalt roof'' after ``metal roof'', 
     and
       (B) by inserting ``or cooling granules'' after ``pigmented 
     coatings''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made this section shall apply to expenditures made 
     after December 31, 2007.
       (2) Modification of qualified energy efficiency 
     improvements.--The amendments made by subsection (d) shall 
     apply to property placed in service after the date of the 
     enactment of this Act.

     SEC. 143. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       Subsection (h) of section 179D is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2013''.

     SEC. 144. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT 
                   FOR APPLIANCES PRODUCED AFTER 2007.

       (a) In General.--Subsection (b) of section 45M is amended 
     to read as follows:
       ``(b) Applicable Amount.--For purposes of subsection (a)--
       ``(1) Dishwashers.--The applicable amount is--
       ``(A) $45 in the case of a dishwasher which is manufactured 
     in calendar year 2008 or 2009 and which uses no more than 324 
     kilowatt hours per year and 5.8 gallons per cycle, and
       ``(B) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2008, 2009, or 2010 and which uses no more 
     than 307 kilowatt hours per year and 5.0 gallons per cycle 
     (5.5 gallons per cycle for dishwashers designed for greater 
     than 12 place settings).
       ``(2) Clothes washers.--The applicable amount is--
       ``(A) $75 in the case of a residential top-loading clothes 
     washer manufactured in calendar year 2008 which meets or 
     exceeds a 1.72 modified energy factor and does not exceed a 
     8.0 water consumption factor,
       ``(B) $125 in the case of a residential top-loading clothes 
     washer manufactured in calendar year 2008 or 2009 which meets 
     or exceeds a 1.8 modified energy factor and does not exceed a 
     7.5 water consumption factor,
       ``(C) $150 in the case of a residential or commercial 
     clothes washer manufactured in calendar year 2008, 2009, or 
     2010 which meets or exceeds 2.0 modified energy factor and 
     does not exceed a 6.0 water consumption factor, and
       ``(D) $250 in the case of a residential or commercial 
     clothes washer manufactured in calendar year 2008, 2009, or 
     2010 which meets or exceeds 2.2 modified energy factor and 
     does not exceed a 4.5 water consumption factor.
       ``(3) Refrigerators.--The applicable amount is--
       ``(A) $50 in the case of a refrigerator which is 
     manufactured in calendar year 2008, and consumes at least 20 
     percent but not more than 22.9 percent less kilowatt hours 
     per year than the 2001 energy conservation standards,
       ``(B) $75 in the case of a refrigerator which is 
     manufactured in calendar year 2008 or 2009, and consumes at 
     least 23 percent but no more than 24.9 percent less kilowatt 
     hours per year than the 2001 energy conservation standards,
       ``(C) $100 in the case of a refrigerator which is 
     manufactured in calendar year 2008, 2009, or 2010, and 
     consumes at least 25 percent but not more than 29.9 percent 
     less kilowatt hours per year than the 2001 energy 
     conservation standards, and
       ``(D) $200 in the case of a refrigerator manufactured in 
     calendar year 2008, 2009, or 2010 and which consumes at least 
     30 percent less energy than the 2001 energy conservation 
     standards.''.
       (b) Eligible Production.--
       (1) Similar treatment for all appliances.--Subsection (c) 
     of section 45M is amended--
       (A) by striking paragraph (2),
       (B) by striking ``(1) In general'' and all that follows 
     through ``the eligible'' and inserting ``The eligible'',
       (C) by moving the text of such subsection in line with the 
     subsection heading, and
       (D) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and by moving such 
     paragraphs 2 ems to the left.
       (2) Modification of base period.--Paragraph (2) of section 
     45M(c), as amended by paragraph (1), is amended by striking 
     ``3-calendar year'' and inserting ``2-calendar year''.
       (c) Types of Energy Efficient Appliances.--Subsection (d) 
     of section 45M (defining types of energy efficient 
     appliances) is amended to read as follows:
       ``(d) Types of Energy Efficient Appliance.--For purposes of 
     this section, the types of energy efficient appliances are--
       ``(1) dishwashers described in subsection (b)(1),
       ``(2) clothes washers described in subsection (b)(2), and
       ``(3) refrigerators described in subsection (b)(3).''.
       (d) Aggregate Credit Amount Allowed.--
       (1) Increase in limit.--Paragraph (1) of section 45M(e) is 
     amended to read as follows:
       ``(1) Aggregate credit amount allowed.--The aggregate 
     amount of credit allowed under subsection (a) with respect to 
     a taxpayer for any taxable year shall not exceed $75,000,000 
     reduced by the amount of the credit allowed under subsection 
     (a) to the taxpayer (or any predecessor) for all prior 
     taxable years beginning after December 31, 2007.''.
       (2) Exception for certain refrigerator and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended to read 
     as follows:
       ``(2) Amount allowed for certain refrigerators and clothes 
     washers.--Refrigerators described in subsection (b)(3)(D) and 
     clothes washers described in subsection (b)(2)(D) shall not 
     be taken into account under paragraph (1).''.
       (e) Qualified Energy Efficient Appliances.--
       (1) In general.--Paragraph (1) of section 45M(f) (defining 
     qualified energy efficient appliance) is amended to read as 
     follows:
       ``(1) Qualified energy efficient appliance.--The term 
     `qualified energy efficient appliance' means--
       ``(A) any dishwasher described in subsection (b)(1),
       ``(B) any clothes washer described in subsection (b)(2), 
     and
       ``(C) any refrigerator described in subsection (b)(3).''.
       (2) Clothes washer.--Section 45M(f)(3) is amended by 
     inserting ``commercial'' before ``residential'' the second 
     place it appears.
       (3) Top-loading clothes washer.--Subsection (f) of section 
     45M is amended by redesignating paragraphs (4), (5), (6), and 
     (7) as paragraphs (5), (6), (7), and (8), respectively, and 
     by inserting after paragraph (3) the following new paragraph:
       ``(4) Top-loading clothes washer.--The term `top-loading 
     clothes washer' means a

[[Page S5608]]

     clothes washer which has the clothes container compartment 
     access located on the top of the machine and which operates 
     on a vertical axis.''.
       (4) Replacement of energy factor.--Section 45M(f)(6), as 
     redesignated by paragraph (3), is amended to read as follows:
       ``(6) Modified energy factor.--The term `modified energy 
     factor' means the modified energy factor established by the 
     Department of Energy for compliance with the Federal energy 
     conservation standard.''.
       (5) Gallons per cycle; water consumption factor.--Section 
     45M(f), as amended by paragraph (3), is amended by adding at 
     the end the following:
       ``(9) Gallons per cycle.--The term `gallons per cycle' 
     means, with respect to a dishwasher, the amount of water, 
     expressed in gallons, required to complete a normal cycle of 
     a dishwasher.
       ``(10) Water consumption factor.--The term `water 
     consumption factor' means, with respect to a clothes washer, 
     the quotient of the total weighted per-cycle water 
     consumption divided by the cubic foot (or liter) capacity of 
     the clothes washer.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to appliances produced after December 31, 2007.

     SEC. 145. ACCELERATED RECOVERY PERIOD FOR DEPRECIATION OF 
                   SMART METERS AND SMART GRID SYSTEMS.

       (a) In General.--Section 168(e)(3)(D) is amended by 
     striking ``and'' at the end of clause (i), by striking the 
     period at the end of clause (ii) and inserting a comma, and 
     by inserting after clause (ii) the following new clauses:
       ``(iii) any qualified smart electric meter, and
       ``(iv) any qualified smart electric grid system.''.
       (b) Definitions.--Section 168(i) is amended by inserting at 
     the end the following new paragraph:
       ``(18) Qualified smart electric meters.--
       ``(A) In general.--The term `qualified smart electric 
     meter' means any smart electric meter which is placed in 
     service by a taxpayer who is a supplier of electric energy or 
     a provider of electric energy services.
       ``(B) Smart electric meter.--For purposes of subparagraph 
     (A), the term `smart electric meter' means any time-based 
     meter and related communication equipment which is capable of 
     being used by the taxpayer as part of a system that--
       ``(i) measures and records electricity usage data on a 
     time-differentiated basis in at least 24 separate time 
     segments per day,
       ``(ii) provides for the exchange of information between 
     supplier or provider and the customer's electric meter in 
     support of time-based rates or other forms of demand 
     response,
       ``(iii) provides data to such supplier or provider so that 
     the supplier or provider can provide energy usage information 
     to customers electronically, and
       ``(iv) provides net metering.
       ``(19) Qualified smart electric grid systems.--
       ``(A) In general.--The term `qualified smart electric grid 
     system' means any smart grid property used as part of a 
     system for electric distribution grid communications, 
     monitoring, and management placed in service by a taxpayer 
     who is a supplier of electric energy or a provider of 
     electric energy services.
       ``(B) Smart grid property.--For the purposes of 
     subparagraph (A), the term `smart grid property' means 
     electronics and related equipment that is capable of--
       ``(i) sensing, collecting, and monitoring data of or from 
     all portions of a utility's electric distribution grid,
       ``(ii) providing real-time, two-way communications to 
     monitor or manage such grid, and
       ``(iii) providing real time analysis of and event 
     prediction based upon collected data that can be used to 
     improve electric distribution system reliability, quality, 
     and performance.''.
       (c) Continued Application of 150 Percent Declining Balance 
     Method.--Paragraph (2) of section 168(b) is amended by 
     striking ``or'' at the end of subparagraph (B), by 
     redesignating subparagraph (C) as subparagraph (D), and by 
     inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) any property (other than property described in 
     paragraph (3)) which is a qualified smart electric meter or 
     qualified smart electric grid system, or''.
       (d) 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. 146. QUALIFIED GREEN BUILDING AND SUSTAINABLE DESIGN 
                   PROJECTS.

       (a) In General.--Paragraph (8) of section 142(l) is amended 
     by striking ``September 30, 2009'' and inserting ``September 
     30, 2012''.
       (b) Treatment of Current Refunding Bonds.--Paragraph (9) of 
     section 142(l) is amended by striking ``October 1, 2009'' and 
     inserting ``October 1, 2012''.
       (c) Accountability.--The second sentence of section 701(d) 
     of the American Jobs Creation Act of 2004 is amended by 
     striking ``issuance,'' and inserting ``issuance of the last 
     issue with respect to such project,''.

          TITLE II--ONE-YEAR EXTENSION OF TEMPORARY PROVISIONS

                  Subtitle A--Alternative Minimum Tax

     SEC. 201. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR 
                   NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) (relating 
     to special rule for taxable years 2000 through 2007) is 
     amended--
       (1) by striking ``or 2007'' and inserting ``2007, or 
     2008'', and
       (2) by striking ``2007'' in the heading thereof and 
     inserting ``2008''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 202. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX 
                   EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) (relating 
     to exemption amount) is amended--
       (1) by striking ``($66,250 in the case of taxable years 
     beginning in 2007)'' in subparagraph (A) and inserting 
     ``($69,950 in the case of taxable years beginning in 2008)'', 
     and
       (2) by striking ``($44,350 in the case of taxable years 
     beginning in 2007)'' in subparagraph (B) and inserting 
     ``($46,200 in the case of taxable years beginning in 2008)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 203. INCREASE OF AMT REFUNDABLE CREDIT AMOUNT FOR 
                   INDIVIDUALS WITH LONG-TERM UNUSED CREDITS FOR 
                   PRIOR YEAR MINIMUM TAX LIABILITY, ETC.

       (a) In General.--Paragraph (2) of section 53(e) is amended 
     to read as follows:
       ``(2) AMT refundable credit amount.--For purposes of 
     paragraph (1), the term `AMT refundable credit amount' means, 
     with respect to any taxable year, the amount (not in excess 
     of the long-term unused minimum tax credit for such taxable 
     year) equal to the greater of--
       ``(A) 50 percent of the long-term unused minimum tax credit 
     for such taxable year, or
       ``(B) the amount (if any) of the AMT refundable credit 
     amount for the taxpayer's preceding taxable year (determined 
     without regard to subsection (f)(2)).''.
       (b) Treatment of Certain Underpayments, Interest, and 
     Penalties Attributable to the Treatment of Incentive Stock 
     Options.--Section 53 is amended by adding at the end the 
     following new subsection:
       ``(f) Treatment of Certain Underpayments, Interest, and 
     Penalties Attributable to the Treatment of Incentive Stock 
     Options.--
       ``(1) Abatement.--Any underpayment of tax outstanding on 
     the date of the enactment of this subsection which is 
     attributable to the application of section 56(b)(3) for any 
     taxable year ending before January 1, 2008 (and any interest 
     or penalty with respect to such underpayment which is 
     outstanding on such date of enactment), is hereby abated. The 
     amount determined under subsection (b)(1) shall not include 
     any tax abated under the preceding sentence.
       ``(2) Increase in credit for certain interest and penalties 
     already paid.--The AMT refundable credit amount, and the 
     minimum tax credit determined under subsection (b), for the 
     taxpayer's first 2 taxable years beginning after December 31, 
     2007, shall each be increased by 50 percent of the aggregate 
     amount of the interest and penalties which were paid by the 
     taxpayer before the date of the enactment of this subsection 
     and which would (but for such payment) have been abated under 
     paragraph (1).''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply to taxable years 
     beginning after December 31, 2007.
       (2) Abatement.--Section 53(f)(1) of the Internal Revenue 
     Code of 1986, as added by subsection (b), shall take effect 
     on the date of the enactment of this Act.

         Subtitle B--Extensions Primarily Affecting Individuals

     SEC. 211. DEDUCTION FOR STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2008'' and inserting 
     ``January 1, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 212. DEDUCTION OF QUALIFIED TUITION AND RELATED 
                   EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2007'' and inserting ``December 
     31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 213. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) Interest-Related Dividends.--Subparagraph (C) of 
     section 871(k)(1) (defining interest-related dividend) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Short-Term Capital Gain Dividends.--Subparagraph (C) of 
     section 871(k)(2) (defining short-term capital gain dividend) 
     is amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to dividends with respect to taxable years of 
     regulated investment companies beginning after December 31, 
     2007.

     SEC. 214. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.

[[Page S5609]]

       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2007.

     SEC. 215. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2007'' and inserting ``2007, or 
     2008''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 216. STOCK IN RIC FOR PURPOSES OF DETERMINING ESTATES OF 
                   NONRESIDENTS NOT CITIZENS.

       (a) In General.--Paragraph (3) of section 2105(d) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to decedents dying after December 31, 2007.

     SEC. 217. QUALIFIED INVESTMENT ENTITIES.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1, 2008, except that such 
     amendment shall not apply to the application of withholding 
     requirements with respect to any payment made on or before 
     the date of the enactment of this Act.

     SEC. 218. EXCLUSION OF AMOUNTS RECEIVED UNDER QUALIFIED GROUP 
                   LEGAL SERVICES PLANS.

       (a) In General.--Subsection (e) of section 120 is amended 
     by striking ``shall not apply to taxable years beginning 
     after June 30, 1992'' and inserting ``shall apply to taxable 
     years beginning after December 31, 2007, and before January 
     1, 2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

         Subtitle C--Extensions Primarily Affecting Businesses

     SEC. 221. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

       (a) Extension.--Section 41(h) (relating to termination) is 
     amended--
       (1) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008'' in paragraph (1)(B),
       (2) by redesignating paragraph (2) as paragraph (3), and
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Termination of alternative incremental credit.--No 
     election under subsection (c)(4) shall apply to amounts paid 
     or incurred after December 31, 2007.''.
       (b) Modification of Alternative Simplified Credit.--
     Paragraph (5)(A) of section 41(c) (relating to election of 
     alternative simplified credit) is amended to read as follows:
       ``(A) In general.--At the election of the taxpayer, the 
     credit determined under subsection (a)(1) shall be equal to 
     14 percent of so much of the qualified research expenses for 
     the taxable year as exceeds 50 percent of the average 
     qualified research expenses for the 3 taxable years preceding 
     the taxable year for which the credit is being determined.''.
       (c) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) (relating to special rule) is amended by striking 
     ``December 31, 2007'' and inserting ``December 31, 2008''.
       (d) Technical Correction.--Paragraph (3) of section 41(h) 
     is amended to read as follows:
       ``(2) Computation for taxable year in which credit 
     terminates.--In the case of any taxable year with respect to 
     which this section applies to a number of days which is less 
     than the total number of days in such taxable year--
       ``(A) the amount determined under subsection (c)(1)(B) with 
     respect to such taxable year shall be the amount which bears 
     the same ratio to such amount (determined without regard to 
     this paragraph) as the number of days in such taxable year to 
     which this section applies bears to the total number of days 
     in such taxable year, and
       ``(B) for purposes of subsection (c)(5), the average 
     qualified research expenses for the preceding 3 taxable years 
     shall be the amount which bears the same ratio to such 
     average qualified research expenses (determined without 
     regard to this paragraph) as the number of days in such 
     taxable year to which this section applies bears to the total 
     number of days in such taxable year.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2007.

     SEC. 222. INDIAN EMPLOYMENT CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2007'' and inserting ``December 
     31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 223. NEW MARKETS TAX CREDIT.

       Subparagraph (D) of section 45D(f)(1) is amended by 
     striking ``and 2008'' and inserting ``2008, and 2009''.

     SEC. 224. RAILROAD TRACK MAINTENANCE.

       (a) In General.--Subsection (f) of section 45G (relating to 
     application of section) is amended by striking ``January 1, 
     2008'' and inserting ``January 1, 2009''.
       (b) Credit Allowed Against Alternative Minimum Tax.--
     Subparagraph (B) of section 38(c)(4) (relating to specified 
     credits), as amended by section 103, is amended--
       (1) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively, and
       (2) by inserting after clause (iii) the following new 
     clause:
       ``(iv) the credit determined under section 45G,''.
       (c) Effective Dates.--
       (1) The amendment made by subsection (a) shall apply to 
     expenditures paid or incurred during taxable years beginning 
     after December 31, 2007.
       (2) The amendments made by subsection (b) shall apply to 
     credits determined under section 45G in taxable years 
     beginning after December 31, 2007, and to carrybacks of such 
     credits.

     SEC. 225. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

       Section 45N(e) (relating to termination) is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.

     SEC. 226. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY 
                   FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND 
                   QUALIFIED RESTAURANT IMPROVEMENTS; 15-YEAR 
                   STRAIGHT-LINE COST RECOVERY FOR CERTAIN 
                   IMPROVEMENTS TO RETAIL SPACE.

       (a) Extension of Leasehold and Restaurant Improvements.--
       (1) In general.--Clauses (iv) and (v) of section 
     168(e)(3)(E) (relating to 15-year property) are each amended 
     by striking ``January 1, 2008'' and inserting ``January 1, 
     2009''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2007.
       (b) Treatment To Include New Construction.--
       (1) In general.--Paragraph (7) of section 168(e) (relating 
     to classification of property) is amended to read as follows:
       ``(7) Qualified restaurant property.--The term `qualified 
     restaurant property' means any section 1250 property which is 
     a building or an improvement to a building if more than 50 
     percent of the building's square footage is devoted to 
     preparation of, and seating for on-premises consumption of, 
     prepared meals.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
       (c) Recovery Period for Depreciation of Certain 
     Improvements to Retail Space.--
       (1) 15-year recovery period.--Section 168(e)(3)(E) 
     (relating to 15-year property) is amended by striking ``and'' 
     at the end of clause (vii), by striking the period at the end 
     of clause (viii) and inserting ``, and'', and by adding at 
     the end the following new clause:
       ``(ix) any qualified retail improvement property placed in 
     service before January 1, 2009.''.
       (2) Qualified retail improvement property.--Section 168(e) 
     is amended by adding at the end the following new paragraph:
       ``(8) Qualified retail improvement property.--
       ``(A) In general.--The term `qualified retail improvement 
     property' means any improvement to an interior portion of a 
     building which is nonresidential real property if--
       ``(i) such portion is open to the general public and is 
     used in the retail trade or business of selling tangible 
     personal property to the general public, and
       ``(ii) such improvement is placed in service more than 3 
     years after the date the building was first placed in 
     service.
       ``(B) Improvements made by owner.--In the case of an 
     improvement made by the owner of such improvement, such 
     improvement shall be qualified retail improvement property 
     (if at all) only so long as such improvement is held by such 
     owner. Rules similar to the rules under paragraph (6)(B) 
     shall apply for purposes of the preceding sentence.
       ``(C) Certain improvements not included.--Such term shall 
     not include any improvement for which the expenditure is 
     attributable to--
       ``(i) the enlargement of the building,
       ``(ii) any elevator or escalator,
       ``(iii) any structural component benefitting a common area, 
     or
       ``(iv) the internal structural framework of the 
     building.''.
       (3) Requirement to use straight line method.--Section 
     168(b)(3) is amended by adding at the end the following new 
     subparagraph:
       ``(I) Qualified retail improvement property described in 
     subsection (e)(8).''.
       (4) Alternative system.--The table contained in section 
     168(g)(3)(B) is amended by inserting after the item relating 
     to subparagraph (E)(viii) the following new item:

``(E)(ix)..................................................        39''.
 


[[Page S5610]]

       (5) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 227. SEVEN-YEAR COST RECOVERY PERIOD FOR MOTORSPORTS 
                   RACING TRACK FACILITY.

       (a) In General.--Subparagraph (D) of section 168(i)(15) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 228. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2007'' and inserting ``December 
     31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 229. EXTENSION OF ELECTION TO EXPENSE ADVANCED MINE 
                   SAFETY EQUIPMENT.

       Section 179E(g) (relating to termination) is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.

     SEC. 230. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2007'' and inserting ``December 
     31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2007.

     SEC. 231. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) is 
     amended--
       (1) by striking ``first 2 taxable years'' and inserting 
     ``first 3 taxable years'', and
       (2) by striking ``January 1, 2008'' and inserting ``January 
     1, 2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 232. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2007.

     SEC. 233. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1, as amended by sections 106 and 141, is amended by 
     adding at the end the following new section:

     ``SEC. 54E. QUALIFIED ZONE ACADEMY BONDS.

       ``(a) Qualified Zone Academy Bonds.--For purposes of this 
     subchapter, the term `qualified zone academy bond' means any 
     bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for a qualified purpose with respect to 
     a qualified zone academy established by an eligible local 
     education agency,
       ``(2) the bond is issued by a State or local government 
     within the jurisdiction of which such academy is located, and
       ``(3) the issuer--
       ``(A) designates such bond for purposes of this section,
       ``(B) certifies that it has written assurances that the 
     private business contribution requirement of subsection (b) 
     will be met with respect to such academy, and
       ``(C) certifies that it has the written approval of the 
     eligible local education agency for such bond issuance.
       ``(b)  Private Business Contribution Requirement.--For 
     purposes of subsection (a), the private business contribution 
     requirement of this subsection is met with respect to any 
     issue if the eligible local education agency that established 
     the qualified zone academy has written commitments from 
     private entities to make qualified contributions having a 
     present value (as of the date of issuance of the issue) of 
     not less than 10 percent of the proceeds of the issue.
       ``(c) Limitation on Amount of Bonds Designated.--
       ``(1) National limitation.--There is a national zone 
     academy bond limitation for each calendar year. Such 
     limitation is $400,000,000 for 2008, and, except as provided 
     in paragraph (4), zero thereafter.
       ``(2) Allocation of limitation.--The national zone academy 
     bond limitation for a calendar year shall be allocated by the 
     Secretary among the States on the basis of their respective 
     populations of individuals below the poverty line (as defined 
     by the Office of Management and Budget). The limitation 
     amount allocated to a State under the preceding sentence 
     shall be allocated by the State education agency to qualified 
     zone academies within such State.
       ``(3) Designation subject to limitation amount.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection (a) 
     with respect to any qualified zone academy shall not exceed 
     the limitation amount allocated to such academy under 
     paragraph (2) for such calendar year.
       ``(4) Carryover of unused limitation.--
       ``(A) In general.--If for any calendar year--
       ``(i) the limitation amount for any State, exceeds
       ``(ii) the amount of bonds issued during such year which 
     are designated under subsection (a) with respect to qualified 
     zone academies within such State,
     the limitation amount for such State for the following 
     calendar year shall be increased by the amount of such 
     excess.
       ``(B) Limitation on carryover.--Any carryforward of a 
     limitation amount may be carried only to the first 2 years 
     following the unused limitation year. For purposes of the 
     preceding sentence, a limitation amount shall be treated as 
     used on a first-in first-out basis.
       ``(C) Coordination with section 1397e.--Any carryover 
     determined under section 1397E(e)(4) (relating to carryover 
     of unused limitation) with respect to any State to calendar 
     year 2008 shall be treated for purposes of this section as a 
     carryover with respect to such State for such calendar year 
     under subparagraph (A), and the limitation of subparagraph 
     (B) shall apply to such carryover taking into account the 
     calendar years to which such carryover relates.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified zone academy.--The term `qualified zone 
     academy' means any public school (or academic program within 
     a public school) which is established by and operated under 
     the supervision of an eligible local education agency to 
     provide education or training below the postsecondary level 
     if--
       ``(A) such public school or program (as the case may be) is 
     designed in cooperation with business to enhance the academic 
     curriculum, increase graduation and employment rates, and 
     better prepare students for the rigors of college and the 
     increasingly complex workforce,
       ``(B) students in such public school or program (as the 
     case may be) will be subject to the same academic standards 
     and assessments as other students educated by the eligible 
     local education agency,
       ``(C) the comprehensive education plan of such public 
     school or program is approved by the eligible local education 
     agency, and
       ``(D)(i) such public school is located in an empowerment 
     zone or enterprise community (including any such zone or 
     community designated after the date of the enactment of this 
     section), or
       ``(ii) there is a reasonable expectation (as of the date of 
     issuance of the bonds) that at least 35 percent of the 
     students attending such school or participating in such 
     program (as the case may be) will be eligible for free or 
     reduced-cost lunches under the school lunch program 
     established under the National School Lunch Act.
       ``(2) Eligible local education agency.--For purposes of 
     this section, the term `eligible local education agency' 
     means any local educational agency as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(3) Qualified purpose.--The term `qualified purpose' 
     means, with respect to any qualified zone academy--
       ``(A) rehabilitating or repairing the public school 
     facility in which the academy is established,
       ``(B) providing equipment for use at such academy,
       ``(C) developing course materials for education to be 
     provided at such academy, and
       ``(D) training teachers and other school personnel in such 
     academy.
       ``(4) Qualified contributions.--The term `qualified 
     contribution' means any contribution (of a type and quality 
     acceptable to the eligible local education agency) of--
       ``(A) equipment for use in the qualified zone academy 
     (including state-of-the-art technology and vocational 
     equipment),
       ``(B) technical assistance in developing curriculum or in 
     training teachers in order to promote appropriate market 
     driven technology in the classroom,
       ``(C) services of employees as volunteer mentors,
       ``(D) internships, field trips, or other educational 
     opportunities outside the academy for students, or
       ``(E) any other property or service specified by the 
     eligible local education agency.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d), as amended by sections 
     106 and 141, is amended by striking ``or'' at the end of 
     subparagraph (B), by inserting ``or'' at the end of 
     subparagraph (C), and by inserting after subparagraph (C) the 
     following new subparagraph:
       ``(D) a qualified zone academy bond,''.
       (2) Subparagraph (C) of section 54A(d)(2), as amended by 
     sections 106 and 141, is amended by striking ``and'' at the 
     end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) in the case of a qualified zone academy bond, a 
     purpose specified in section 54E(a)(1).''.
       (3) Section 1397E is amended by adding at the end the 
     following new subsection:
       ``(m) Termination.--This section shall not apply to any 
     obligation issued after the date of the enactment of this 
     Act.''.
       (4) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54E. Qualified zone academy bonds.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 234. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) Designation of Zone.--

[[Page S5611]]

       (1) In general.--Subsection (f) of section 1400 is amended 
     by striking ``2007'' both places it appears and inserting 
     ``2008''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods beginning after December 31, 2007.
       (b) Tax-Exempt Economic Development Bonds.--
       (1) In general.--Subsection (b) of section 1400A is amended 
     by striking ``2007'' and inserting ``2008''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to bonds issued after December 31, 2007.
       (c) Zero Percent Capital Gains Rate.--
       (1) In general.--Subsection (b) of section 1400B is amended 
     by striking ``2008'' each place it appears and inserting 
     ``2009''.
       (2) Conforming amendments.--
       (A) Section 1400B(e)(2) is amended--
       (i) by striking ``2012'' and inserting ``2013'', and
       (ii) by striking ``2012'' in the heading thereof and 
     inserting ``2013''.
       (B) Section 1400B(g)(2) is amended by striking ``2012'' and 
     inserting ``2013''.
       (C) Section 1400F(d) is amended by striking ``2012'' and 
     inserting ``2013''.
       (3) Effective dates.--
       (A) Extension.--The amendments made by paragraph (1) shall 
     apply to acquisitions after December 31, 2007.
       (B) Conforming amendments.--The amendments made by 
     paragraph (2) shall take effect on the date of the enactment 
     of this Act.
       (d) First-Time Homebuyer Credit.--
       (1) In general.--Subsection (i) of section 1400C is amended 
     by striking ``2008'' and inserting ``2009''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property purchased after December 31, 2007.

     SEC. 235. ECONOMIC DEVELOPMENT CREDIT FOR AMERICAN SAMOA.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first two taxable years'' and inserting 
     ``first 3 taxable years'', and
       (2) by striking ``January 1, 2008'' and inserting ``January 
     1, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 236. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 237. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORY TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 238. ENHANCED DEDUCTION FOR QUALIFIED COMPUTER 
                   CONTRIBUTIONS.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made during taxable years 
     beginning after December 31, 2007.

     SEC. 239. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--The last sentence of section 1367(a)(2) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2007.

     SEC. 240. WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA 
                   EMPLOYEES.

       (a) In General.--Paragraph (1) of section 201(b) of the 
     Katrina Emergency Tax Relief Act of 2005 is amended by 
     striking ``2-year'' and inserting ``3-year''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to individuals hired after August 27, 2007.

     SEC. 241. SUBPART F EXCEPTION FOR ACTIVE FINANCING INCOME.

       (a) Exempt Insurance Income.--Paragraph (10) of section 
     953(e) (relating to application) is amended--
       (1) by striking ``January 1, 2009'' and inserting ``January 
     1, 2010'', and
       (2) by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (b) Exception to Treatment as Foreign Personal Holding 
     Company Income.--Paragraph (9) of section 954(h) (relating to 
     application) is amended by striking ``January 1, 2009'' and 
     inserting ``January 1, 2010''.

     SEC. 242. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN 
                   CORPORATIONS.

       (a) In General.--Subparagraph (C) of section 954(c)(6) 
     (relating to application) is amended by striking ``January 1, 
     2009'' and inserting ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2008, and to taxable years of 
     United States shareholders with or within which such taxable 
     years of foreign corporations end.

     SEC. 243. EXPENSING FOR CERTAIN QUALIFIED FILM AND TELEVISION 
                   PRODUCTIONS.

       (a) In General.--Subsection (f) of section 181 is amended 
     by striking ``December 31, 2008'' and inserting ``December 
     31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2008.

     SEC. 244. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON 
                   WOOL PRODUCTS; WOOL RESEARCH FUND; WOOL DUTY 
                   REFUNDS.

       (a) Extension of Temporary Duty Reductions.--Each of the 
     following headings of the Harmonized Tariff Schedule of the 
     United States is amended by striking the date in the 
     effective period column and inserting ``12/31/2014'':
       (1) Heading 9902.51.11 (relating to fabrics of worsted 
     wool).
       (2) Heading 9902.51.13 (relating to yarn of combed wool).
       (3) Heading 9902.51.14 (relating to wool fiber, waste, 
     garnetted stock, combed wool, or wool top).
       (4) Heading 9902.51.15 (relating to fabrics of combed 
     wool).
       (5) Heading 9902.51.16 (relating to fabrics of combed 
     wool).
       (b) Extension of Duty Refunds and Wool Research Trust 
     Fund.--
       (1) In general.--Section 4002(c) of the Wool Suit and 
     Textile Trade Extension Act of 2004 (Public Law 108-429; 118 
     Stat. 2603) is amended--
       (A) in paragraph (3)(C), by striking ``2010'' and inserting 
     ``2015''; and
       (B) in paragraph (6)(A), by striking ``through 2009'' and 
     inserting ``through 2014''.
       (2) Sunset.--Section 506(f) of the Trade and Development 
     Act of 2000 (Public 106-200; 114 Stat. 303 (7 U.S.C. 7101 
     note)) is amended by striking ``2010'' and inserting 
     ``2015''.

                      Subtitle D--Other Extensions

     SEC. 251. AUTHORITY TO DISCLOSE INFORMATION RELATED TO 
                   TERRORIST ACTIVITIES MADE PERMANENT.

       (a) In General.--Subparagraph (C) of section 6103(i)(3) is 
     amended by striking clause (iv).
       (b) Disclosure on Request.--Paragraph (7) of section 
     6103(i) is amended by striking subparagraph (E).
       (c) Effective Date.--The amendments made by this section 
     shall apply to disclosures after the date of the enactment of 
     this Act.

     SEC. 252. AUTHORITY FOR UNDERCOVER OPERATIONS MADE PERMANENT.

       (a) In General.--Subsection (c) of section 7608 is amended 
     by striking paragraph (6).
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2008.

     SEC. 253. INCREASE IN LIMIT ON COVER OVER OF RUM EXCISE TAX 
                   TO PUERTO RICO AND THE VIRGIN ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2008'' and inserting 
     ``January 1, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2007.

                      TITLE III--ADDITIONAL RELIEF

                   Subtitle A--Individual Tax Relief

     SEC. 301. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY 
                   TAXES FOR NONITEMIZERS.

       (a) In General.--Section 63(c)(1) (defining standard 
     deduction) 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) in the case of any taxable year beginning in 2008, 
     the real property tax deduction.''.
       (b) Definition.--Section 63(c) is amended by adding at the 
     end the following new paragraph:
       ``(7) Real property tax deduction.--For purposes of 
     paragraph (1), the real property tax deduction is the lesser 
     of--
       ``(A) the amount allowable as a deduction under this 
     chapter for State and local taxes described in section 
     164(a)(1), or
       ``(B) $350 ($700 in the case of a joint return).
     Any taxes taken into account under section 62(a) shall not be 
     taken into account under this paragraph.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 302. $10,000 INCOME THRESHOLD USED TO CALCULATE 
                   REFUNDABLE PORTION OF CHILD TAX CREDIT.

       (a) In General.--Section 24(d) (relating to portion of 
     credit refundable) is amended by adding at the end the 
     following new paragraph:
       ``(4) Special rule for 2008.--Notwithstanding paragraph 
     (3), in the case of any taxable year beginning in 2008, the 
     dollar amount in effect for such taxable year under paragraph 
     (1)(B)(i) shall be $10,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 303. INCOME AVERAGING FOR AMOUNTS RECEIVED IN CONNECTION 
                   WITH THE EXXON VALDEZ LITIGATION.

       (a) Income Averaging of Amounts Received From the Exxon 
     Valdez Litigation.--For purposes of section 1301 of the 
     Internal Revenue Code of 1986--
       (1) any qualified taxpayer who receives any qualified 
     settlement income in any taxable year shall be treated as 
     engaged in a fishing

[[Page S5612]]

     business (determined without regard to the commercial nature 
     of the business), and
       (2) such qualified settlement income shall be treated as 
     income attributable to such a fishing business for such 
     taxable year.
       (b) Contributions of Amounts Received to Retirement 
     Accounts.--
       (1) In general.--Any qualified taxpayer who receives 
     qualified settlement income during the taxable year may, at 
     any time before the end of the taxable year in which such 
     income was received, make one or more contributions to an 
     eligible retirement plan of which such qualified taxpayer is 
     a beneficiary in an aggregate amount not to exceed the lesser 
     of--
       (A) $100,000 (reduced by the amount of qualified settlement 
     income contributed to an eligible retirement plan in prior 
     taxable years pursuant to this subsection), or
       (B) the amount of qualified settlement income received by 
     the individual during the taxable year.
       (2) Time when contributions deemed made.--For purposes of 
     paragraph (1), a qualified taxpayer shall be deemed to have 
     made a contribution to an eligible retirement plan on the 
     last day of the taxable year in which such income is received 
     if the contribution is made on account of such taxable year 
     and is made not later than the time prescribed by law for 
     filing the return for such taxable year (not including 
     extensions thereof).
       (3) Treatment of contributions to eligible retirement 
     plans.--For purposes of the Internal Revenue Code of 1986, if 
     a contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income, then--
       (A) except as provided in paragraph (4)--
       (i) to the extent of such contribution, the qualified 
     settlement income shall not be included in taxable income, 
     and
       (ii) for purposes of section 72 of such Code, such 
     contribution shall not be considered to be investment in the 
     contract,
       (B) the qualified taxpayer shall, to the extent of the 
     amount of the contribution, be treated--
       (i) as having received the qualified settlement income--

       (I) in the case of a contribution to an individual 
     retirement plan (as defined under section 7701(a)(37) of such 
     Code), in a distribution described in section 408(d)(3) of 
     such Code, and
       (II) in the case of any other eligible retirement plan, in 
     an eligible rollover distribution (as defined under section 
     402(f)(2) of such Code), and

       (ii) as having transferred the amount to the eligible 
     retirement plan in a direct trustee to trustee transfer 
     within 60 days of the distribution,
       (C) section 408(d)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts treated as a 
     rollover under this paragraph, and
       (D) section 408A(c)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts contributed to a 
     Roth IRA (as defined under section 408A(b) of such Code) or a 
     designated Roth contribution to an applicable retirement plan 
     (within the meaning of section 402A of such Code) under this 
     paragraph.
       (4) Special rule for roth iras and roth 401(k)s.--For 
     purposes of the Internal Revenue Code of 1986, if a 
     contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income to a Roth IRA (as defined 
     under section 408A(b) of such Code) or as a designated Roth 
     contribution to an applicable retirement plan (within the 
     meaning of section 402A of such Code), then--
       (A) the qualified settlement income shall be includible in 
     taxable income, and
       (B) for purposes of section 72 of such Code, such 
     contribution shall be considered to be investment in the 
     contract.
       (5) Eligible retirement plan.--For purpose of this 
     subsection, the term ``eligible retirement plan'' has the 
     meaning given such term under section 402(c)(8)(B) of the 
     Internal Revenue Code of 1986.
       (c) Treatment of Qualified Settlement Income Under 
     Employment Taxes.--
       (1) SECA.--For purposes of chapter 2 of the Internal 
     Revenue Code of 1986 and section 211 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as self-employment 
     income.
       (2) FICA.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as wages.
       (d) Qualified Taxpayer.--For purposes of this section, the 
     term ``qualified taxpayer'' means--
       (1) any individual who is a plaintiff in the civil action 
     In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. 
     Alaska); or
       (2) any individual who is a beneficiary of the estate of 
     such a plaintiff who--
       (A) acquired the right to receive qualified settlement 
     income from that plaintiff; and
       (B) was the spouse or an immediate relative of that 
     plaintiff.
       (e) Qualified Settlement Income.--For purposes of this 
     section, the term ``qualified settlement income'' means any 
     interest and punitive damage awards which are--
       (1) otherwise includible in taxable income, and
       (2) received (whether as lump sums or periodic payments) in 
     connection with the civil action In re Exxon Valdez, No. 89-
     095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or 
     post-judgment and whether related to a settlement or 
     judgment).

                Subtitle B--Business Related Provisions

     SEC. 311. UNIFORM TREATMENT OF ATTORNEY-ADVANCED EXPENSES AND 
                   COURT COSTS IN CONTINGENCY FEE CASES.

       (a) In General.--Section 162 is amended by redesignating 
     subsection (q) as subsection (r) and by inserting after 
     subsection (p) the following new subsection:
       ``(q) Attorney-Advanced Expenses and Court Costs in 
     Contingency Fee Cases.--In the case of any expense or court 
     cost which is paid or incurred in the course of the trade or 
     business of practicing law and the repayment of which is 
     contingent on a recovery by judgment or settlement in the 
     action to which such expense or cost relates, the deduction 
     under subsection (a) shall be determined as if such expense 
     or cost was not subject to repayment.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenses and costs paid or incurred in taxable 
     years beginning after December 31, 2008.

     SEC. 312. PROVISIONS RELATED TO FILM AND TELEVISION 
                   PRODUCTIONS.

       (a) Modification of Limitation on Expensing.--Subparagraph 
     (A) of section 181(a)(2) is amended to read as follows:
       ``(A) In general.--Paragraph (1) shall not apply to so much 
     of the aggregate cost of any qualified film or television 
     production as exceeds $15,000,000.''.
       (b) Modifications to Deduction for Domestic Activities.--
       (1) Determination of w-2 wages.--Paragraph (2) of section 
     199(b) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Special rule for qualified film.--In the case of a 
     qualified film, such term shall include compensation for 
     services performed in the United States by actors, production 
     personnel, directors, and producers.''.
       (2) Definition of qualified film.--Paragraph (6) of section 
     199(c) is amended by adding at the end the following: ``A 
     qualified film shall include any copyrights, trademarks, or 
     other intangibles with respect to such film. The methods and 
     means of distributing a qualified film shall not affect the 
     availability of the deduction under this section.''.
       (3) Partnerships.--Subparagraph (A) of section 199(d)(1) is 
     amended by striking ``and'' at the end of clause (ii), by 
     striking the period at the end of clause (iii) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(iv) in the case of each partner of a partnership, or 
     shareholder of an S corporation, who owns (directly or 
     indirectly) at least 20 percent of the capital interests in 
     such partnership or of the stock of such S corporation--

       ``(I) such partner or shareholder shall be treated as 
     having engaged directly in any film produced by such 
     partnership or S corporation, and
       ``(II) such partnership or S corporation shall be treated 
     as having engaged directly in any film produced by such 
     partner or shareholder.''.

       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years beginning after December 31, 2007.
       (2) Expensing.--The amendments made by subsection (a) shall 
     apply to qualified film and television productions commencing 
     after December 31, 2007.

     SEC. 313. MODIFICATION OF RATE OF EXCISE TAX ON CERTAIN 
                   WOODEN ARROWS DESIGNED FOR USE BY CHILDREN.

       (a) In General.--Paragraph (2) of section 4161(b) (relating 
     to arrows) is amended by redesignating subparagraph (B) as 
     subparagraph (C) and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Exemption for certain wooden arrow shafts.--
     Subparagraph (A) shall not apply to any shaft consisting of 
     all natural wood with no laminations or artificial means of 
     enhancing the spine of such shaft (whether sold separately or 
     incorporated as part of a finished or unfinished product) of 
     a type used in the manufacture of any arrow which after its 
     assembly--
       ``(i) measures \5/16\ of an inch or less in diameter, and
       ``(ii) is not suitable for use with a bow described in 
     paragraph (1)(A).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to shafts first sold after the date of enactment 
     of this Act.

  Subtitle C--Modification of Penalty on Understatement of Taxpayer's 
                    Liability by Tax Return Preparer

     SEC. 321. MODIFICATION OF PENALTY ON UNDERSTATEMENT OF 
                   TAXPAYER'S LIABILITY BY TAX RETURN PREPARER.

       (a) In General.--Subsection (a) of section 6694 (relating 
     to understatement due to unreasonable positions) is amended 
     to read as follows:
       ``(a) Understatement Due to Unreasonable Positions.--
       ``(1) In general.--If a tax return preparer--
       ``(A) prepares any return or claim of refund with respect 
     to which any part of an understatement of liability is due to 
     a position described in paragraph (2), and
       ``(B) knew (or reasonably should have known) of the 
     position,
     such tax return preparer shall pay a penalty with respect to 
     each such return or claim in

[[Page S5613]]

     an amount equal to the greater of $1,000 or 50 percent of the 
     income derived (or to be derived) by the tax return preparer 
     with respect to the return or claim.
       ``(2) Unreasonable position.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, a position is described in this paragraph unless 
     there is or was substantial authority for the position.
       ``(B) Disclosed positions.--If the position was disclosed 
     as provided in section 6662(d)(2)(B)(ii)(I) and is not a 
     position to which subparagraph (C) applies, the position is 
     described in this paragraph unless there is a reasonable 
     basis for the position.
       ``(C) Tax shelters and reportable transactions.--If the 
     position is with respect to a tax shelter (as defined in 
     section 6662(d)(2)(C)(ii)) or a reportable transaction to 
     which section 6662A applies, the position is described in 
     this paragraph unless it is reasonable to believe that the 
     position would more likely than not be sustained on its 
     merits.
       ``(3) Reasonable cause exception.--No penalty shall be 
     imposed under this subsection if it is shown that there is 
     reasonable cause for the understatement and the tax return 
     preparer acted in good faith.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply--
       (1) in the case of a position other than a position 
     described in subparagraph (C) of section 6694(a)(2) of the 
     Internal Revenue Code of 1986 (as amended by this section), 
     to returns prepared after May 25, 2007, and
       (2) in the case of a position described in such 
     subparagraph (C), to returns prepared for taxable years 
     ending after the date of the enactment of this Act.

   Subtitle D--Extension and Expansion of Certain GO Zone Incentives

     SEC. 331. CERTAIN GO ZONE INCENTIVES.

       (a) Use of Amended Income Tax Returns To Take Into Account 
     Receipt of Certain Hurricane-Related Casualty Loss Grants by 
     Disallowing Previously Taken Casualty Loss Deductions.--
       (1) In general.--Notwithstanding any other provision of the 
     Internal Revenue Code of 1986, if a taxpayer claims a 
     deduction for any taxable year with respect to a casualty 
     loss to a principal residence (within the meaning of section 
     121 of such Code) resulting from Hurricane Katrina, Hurricane 
     Rita, or Hurricane Wilma and in a subsequent taxable year 
     receives a grant under Public Law 109-148, 109-234, or 110-
     116 as reimbursement for such loss, such taxpayer may elect 
     to file an amended income tax return for the taxable year in 
     which such deduction was allowed (and for any taxable year to 
     which such deduction is carried) and reduce (but not below 
     zero) the amount of such deduction by the amount of such 
     reimbursement.
       (2) Time of filing amended return.--Paragraph (1) shall 
     apply with respect to any grant only if any amended income 
     tax returns with respect to such grant are filed not later 
     than the later of--
       (A) the due date for filing the tax return for the taxable 
     year in which the taxpayer receives such grant, or
       (B) the date which is 1 year after the date of the 
     enactment of this Act.
       (3) Waiver of penalties and interest.--Any underpayment of 
     tax resulting from the reduction under paragraph (1) of the 
     amount otherwise allowable as a deduction shall not be 
     subject to any penalty or interest under such Code if such 
     tax is paid not later than 1 year after the filing of the 
     amended return to which such reduction relates.
       (b) Waiver of Deadline on Construction of GO Zone Property 
     Eligible for Bonus Depreciation.--
       (1) In general.--Subparagraph (B) of section 1400N(d)(3) is 
     amended to read as follows:
       ``(B) without regard to `and before January 1, 2009' in 
     clause (i) thereof, and''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after December 31, 
     2007.
       (c) Inclusion of Certain Counties in Gulf Opportunity Zone 
     for Purposes of Tax-Exempt Bond Financing.--
       (1) In general.--Subsection (a) of section 1400N is amended 
     by adding at the end the following new paragraph:
       ``(8) Inclusion of certain counties.--For purposes of this 
     subsection, the Gulf Opportunity Zone includes Colbert 
     County, Alabama and Dallas County, Alabama.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the provisions of the 
     Gulf Opportunity Zone Act of 2005 to which it relates.

                      Subtitle E--Other Provisions

     SEC. 341. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION PROGRAM.

       (a) Reauthorization of the Secure Rural Schools and 
     Community Self-Determination Act of 2000.--The Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 500 note; Public Law 106-393) is amended by striking 
     sections 1 through 403 and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Secure Rural Schools and 
     Community Self-Determination Act of 2000'.

     ``SEC. 2. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to stabilize and transition payments to counties to 
     provide funding for schools and roads that supplements other 
     available funds;
       ``(2) to make additional investments in, and create 
     additional employment opportunities through, projects that--
       ``(A)(i) improve the maintenance of existing 
     infrastructure;
       ``(ii) implement stewardship objectives that enhance forest 
     ecosystems; and
       ``(iii) restore and improve land health and water quality;
       ``(B) enjoy broad-based support; and
       ``(C) have objectives that may include--
       ``(i) road, trail, and infrastructure maintenance or 
     obliteration;
       ``(ii) soil productivity improvement;
       ``(iii) improvements in forest ecosystem health;
       ``(iv) watershed restoration and maintenance;
       ``(v) the restoration, maintenance, and improvement of 
     wildlife and fish habitat;
       ``(vi) the control of noxious and exotic weeds; and
       ``(vii) the reestablishment of native species; and
       ``(3) to improve cooperative relationships among--
       ``(A) the people that use and care for Federal land; and
       ``(B) the agencies that manage the Federal land.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adjusted share.--The term `adjusted share' means the 
     number equal to the quotient obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (8)(A) for all eligible 
     counties.
       ``(2) Base share.--The term `base share' means the number 
     equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(A) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 25-
     percent payments and safety net payments made to each 
     eligible State for each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (9)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(3) County payment.--The term `county payment' means the 
     payment for an eligible county calculated under section 
     101(b).
       ``(4) Eligible county.--The term `eligible county' means 
     any county that--
       ``(A) contains Federal land (as defined in paragraph (7)); 
     and
       ``(B) elects to receive a share of the State payment or the 
     county payment under section 102(b).
       ``(5) Eligibility period.--The term `eligibility period' 
     means fiscal year 1986 through fiscal year 1999.
       ``(6) Eligible state.--The term `eligible State' means a 
     State or territory of the United States that received a 25-
     percent payment for 1 or more fiscal years of the eligibility 
     period.
       ``(7) Federal land.--The term `Federal land' means--
       ``(A) land within the National Forest System, as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the 
     National Grasslands and land utilization projects designated 
     as National Grasslands administered pursuant to the Act of 
     July 22, 1937 (7 U.S.C. 1010-1012); and
       ``(B) such portions of the revested Oregon and California 
     Railroad and reconveyed Coos Bay Wagon Road grant land as are 
     or may hereafter come under the jurisdiction of the 
     Department of the Interior, which have heretofore or may 
     hereafter be classified as timberlands, and power-site land 
     valuable for timber, that shall be managed, except as 
     provided in the former section 3 of the Act of August 28, 
     1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest 
     production.
       ``(8) 50-Percent adjusted share.--The term `50-percent 
     adjusted share' means the number equal to the quotient 
     obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the 50-percent base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (1)(A) for all eligible 
     counties.
       ``(9) 50-Percent base share.--The term `50-percent base 
     share' means the number equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(B) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 50-
     percent payments made to each

[[Page S5614]]

     eligible county during the eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (2)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(10) 50-percent payment.--The term `50-percent payment' 
     means the payment that is the sum of the 50-percent share 
     otherwise paid to a county pursuant to title II of the Act of 
     August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
     and the payment made to a county pursuant to the Act of May 
     24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et 
     seq.).
       ``(11) Full funding amount.--The term `full funding amount' 
     means--
       ``(A) $500,000,000 for fiscal year 2008; and
       ``(B) for fiscal year 2009 and each fiscal year thereafter, 
     the amount that is equal to 90 percent of the full funding 
     amount for the preceding fiscal year.
       ``(12) Income adjustment.--The term `income adjustment' 
     means the square of the quotient obtained by dividing--
       ``(A) the per capita personal income for each eligible 
     county; by
       ``(B) the median per capita personal income of all eligible 
     counties.
       ``(13) Per capita personal income.--The term `per capita 
     personal income' means the most recent per capita personal 
     income data, as determined by the Bureau of Economic 
     Analysis.
       ``(14) Safety net payments.--The term `safety net payments' 
     means the special payment amounts paid to States and counties 
     required by section 13982 or 13983 of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
     note; 43 U.S.C. 1181f note).
       ``(15) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture or the designee of the 
     Secretary of Agriculture with respect to the Federal land 
     described in paragraph (7)(A); and
       ``(B) the Secretary of the Interior or the designee of the 
     Secretary of the Interior with respect to the Federal land 
     described in paragraph (7)(B).
       ``(16) State payment.--The term `State payment' means the 
     payment for an eligible State calculated under section 
     101(a).
       ``(17) 25-Percent payment.--The term `25-percent payment' 
     means the payment to States required by the sixth paragraph 
     under the heading of `FOREST SERVICE' in the Act of May 23, 
     1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
     of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

 ``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
                                  LAND

     ``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL 
                   LAND.

       ``(a) State Payment.--For each of fiscal years 2008 through 
     2011, the Secretary of Agriculture shall calculate for each 
     eligible State an amount equal to the sum of the products 
     obtained by multiplying--
       ``(1) the adjusted share for each eligible county within 
     the eligible State; by
       ``(2) the full funding amount for the fiscal year.
       ``(b) County Payment.--For each of fiscal years 2008 
     through 2011, the Secretary of the Interior shall calculate 
     for each eligible county that received a 50-percent payment 
     during the eligibility period an amount equal to the product 
     obtained by multiplying--
       ``(1) the 50-percent adjusted share for the eligible 
     county; by
       ``(2) the full funding amount for the fiscal year.

     ``SEC. 102. PAYMENTS TO STATES AND COUNTIES.

       ``(a) Payment Amounts.--Except as provided in section 103, 
     the Secretary of the Treasury shall pay to--
       ``(1) a State or territory of the United States an amount 
     equal to the sum of the amounts elected under subsection (b) 
     by each county within the State or territory for--
       ``(A) if the county is eligible for the 25-percent payment, 
     the share of the 25-percent payment; or
       ``(B) the share of the State payment of the eligible 
     county; and
       ``(2) a county an amount equal to the amount elected under 
     subsection (b) by each county for--
       ``(A) if the county is eligible for the 50-percent payment, 
     the 50-percent payment; or
       ``(B) the county payment for the eligible county.
       ``(b) Election To Receive Payment Amount.--
       ``(1) Election; submission of results.--
       ``(A) In general.--The election to receive a share of the 
     State payment, the county payment, a share of the State 
     payment and the county payment, a share of the 25-percent 
     payment, the 50-percent payment, or a share of the 25-percent 
     payment and the 50-percent payment, as applicable, shall be 
     made at the discretion of each affected county by August 1, 
     2008, and August 1 of each second fiscal year thereafter, in 
     accordance with paragraph (2), and transmitted to the 
     Secretary concerned by the Governor of each eligible State.
       ``(B) Failure to transmit.--If an election for an affected 
     county is not transmitted to the Secretary concerned by the 
     date specified under subparagraph (A), the affected county 
     shall be considered to have elected to receive a share of the 
     State payment, the county payment, or a share of the State 
     payment and the county payment, as applicable.
       ``(2) Duration of election.--
       ``(A) In general.--A county election to receive a share of 
     the 25-percent payment or 50-percent payment, as applicable, 
     shall be effective for 2 fiscal years.
       ``(B) Full funding amount.--If a county elects to receive a 
     share of the State payment or the county payment, the 
     election shall be effective for all subsequent fiscal years 
     through fiscal year 2011.
       ``(3) Source of payment amounts.--The payment to an 
     eligible State or eligible county under this section for a 
     fiscal year shall be derived from--
       ``(A) any amounts that are appropriated to carry out this 
     Act;
       ``(B) any revenues, fees, penalties, or miscellaneous 
     receipts, exclusive of deposits to any relevant trust fund, 
     special account, or permanent operating funds, received by 
     the Federal Government from activities by the Bureau of Land 
     Management or the Forest Service on the applicable Federal 
     land; and
       ``(C) to the extent of any shortfall, out of any amounts in 
     the Treasury of the United States not otherwise appropriated.
       ``(c) Distribution and Expenditure of Payments.--
       ``(1) Distribution method.--A State that receives a payment 
     under subsection (a) for Federal land described in section 
     3(7)(A) shall distribute the appropriate payment amount among 
     the appropriate counties in the State in accordance with--
       ``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
       ``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 
     16 U.S.C. 500).
       ``(2) Expenditure purposes.--Subject to subsection (d), 
     payments received by a State under subsection (a) and 
     distributed to counties in accordance with paragraph (1) 
     shall be expended as required by the laws referred to in 
     paragraph (1).
       ``(d) Expenditure Rules for Eligible Counties.--
       ``(1) Allocations.--
       ``(A) Use of portion in same manner as 25-percent payment 
     or 50-percent payment, as applicable.--Except as provided in 
     paragraph (3)(B), if an eligible county elects to receive its 
     share of the State payment or the county payment, not less 
     than 80 percent, but not more than 85 percent, of the funds 
     shall be expended in the same manner in which the 25-percent 
     payments or 50-percent payment, as applicable, are required 
     to be expended.
       ``(B) Election as to use of balance.--Except as provided in 
     subparagraph (C), an eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.
       ``(C) Counties with modest distributions.--In the case of 
     each eligible county to which more than $100,000, but less 
     than $350,000, is distributed for any fiscal year pursuant to 
     either or both of paragraphs (1)(B) and (2)(B) of subsection 
     (a), the eligible county, with respect to the balance of any 
     funds not expended pursuant to subparagraph (A) for that 
     fiscal year, shall--
       ``(i) reserve any portion of the balance for--

       ``(I) carrying out projects under title II;
       ``(II) carrying out projects under title III; or
       ``(III) a combination of the purposes described in 
     subclauses (I) and (II); or

       ``(ii) return the portion of the balance not reserved under 
     clause (i) to the Treasury of the United States.
       ``(2) Distribution of funds.--
       ``(A) In general.--Funds reserved by an eligible county 
     under subparagraph (B)(i) or (C)(i) of paragraph (1) for 
     carrying out projects under title II shall be deposited in a 
     special account in the Treasury of the United States.
       ``(B) Availability.--Amounts deposited under subparagraph 
     (A) shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation; and
       ``(ii) remain available until expended in accordance with 
     title II.
       ``(3) Election.--
       ``(A) Notification.--
       ``(i) In general.--An eligible county shall notify the 
     Secretary concerned of an election by the eligible county 
     under this subsection not later than September 30 of each 
     fiscal year.
       ``(ii) Failure to elect.--Except as provided in 
     subparagraph (B), if the eligible county fails to make an 
     election by the date specified in clause (i), the eligible 
     county shall--

       ``(I) be considered to have elected to expend 85 percent of 
     the funds in accordance with paragraph (1)(A); and
       ``(II) return the balance to the Treasury of the United 
     States.

       ``(B) Counties with minor distributions.--In the case of 
     each eligible county to which less than $100,000 is 
     distributed for any fiscal year pursuant to either or both of 
     paragraphs (1)(B) and (2)(B) of subsection (a), the eligible 
     county may elect to expend all the funds in the same manner 
     in which the 25-percent payments or 50-percent payments, as 
     applicable, are required to be expended.

[[Page S5615]]

       ``(e) Time for Payment.--The payments required under this 
     section for a fiscal year shall be made as soon as 
     practicable after the end of that fiscal year.

     ``SEC. 103. TRANSITION PAYMENTS TO STATES.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted amount.--The term `adjusted amount' means, 
     with respect to a covered State--
       ``(A) for fiscal year 2008, 90 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2008; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2008;
       ``(B) for fiscal year 2009, 76 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2009; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2009; and
       ``(C) for fiscal year 2010, 65 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2010; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2010.
       ``(2) Covered state.--The term `covered State' means each 
     of the States of California, Louisiana, Oregon, Pennsylvania, 
     South Carolina, South Dakota, Texas, and Washington.
       ``(b) Transition Payments.--For each of fiscal years 2008 
     through 2010, in lieu of the payment amounts that otherwise 
     would have been made under paragraphs (1)(B) and (2)(B) of 
     section 102(a), the Secretary of the Treasury shall pay the 
     adjusted amount to each covered State and the eligible 
     counties within the covered State, as applicable.
       ``(c) Distribution of Adjusted Amount.--Except as provided 
     in subsection (d), it is the intent of Congress that the 
     method of distributing the payments under subsection (b) 
     among the counties in the covered States for each of fiscal 
     years 2008 through 2010 be in the same proportion that the 
     payments were distributed to the eligible counties in fiscal 
     year 2006.
       ``(d) Distribution of Payments in California.--The 
     following payments shall be distributed among the eligible 
     counties in the State of California in the same proportion 
     that payments under section 102(a)(2) (as in effect on 
     September 29, 2006) were distributed to the eligible counties 
     for fiscal year 2006:
       ``(1) Payments to the State of California under subsection 
     (b).
       ``(2) The shares of the eligible counties of the State 
     payment for California under section 102 for fiscal year 
     2011.
       ``(e) Treatment of Payments.--For purposes of this Act, any 
     payment made under subsection (b) shall be considered to be a 
     payment made under section 102(a).

              ``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

     ``SEC. 201. DEFINITIONS.

       ``In this title:
       ``(1) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.
       ``(2) Project funds.--The term `project funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(3) Resource advisory committee.--The term `resource 
     advisory committee' means--
       ``(A) an advisory committee established by the Secretary 
     concerned under section 205; or
       ``(B) an advisory committee determined by the Secretary 
     concerned to meet the requirements of section 205.
       ``(4) Resource management plan.--The term `resource 
     management plan' means--
       ``(A) a land use plan prepared by the Bureau of Land 
     Management for units of the Federal land described in section 
     3(7)(B) pursuant to section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712); or
       ``(B) a land and resource management plan prepared by the 
     Forest Service for units of the National Forest System 
     pursuant to section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974l (16 U.S.C. 1604).

     ``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

       ``(a) Limitation.--Project funds shall be expended solely 
     on projects that meet the requirements of this title.
       ``(b) Authorized Uses.--Project funds may be used by the 
     Secretary concerned for the purpose of entering into and 
     implementing cooperative agreements with willing Federal 
     agencies, State and local governments, private and nonprofit 
     entities, and landowners for protection, restoration, and 
     enhancement of fish and wildlife habitat, and other resource 
     objectives consistent with the purposes of this Act on 
     Federal land and on non-Federal land where projects would 
     benefit the resources on Federal land.

     ``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

       ``(a) Submission of Project Proposals to Secretary 
     Concerned.--
       ``(1) Projects funded using project funds.--Not later than 
     September 30 for fiscal year 2008, and each September 30 
     thereafter for each succeeding fiscal year through fiscal 
     year 2011, each resource advisory committee shall submit to 
     the Secretary concerned a description of any projects that 
     the resource advisory committee proposes the Secretary 
     undertake using any project funds reserved by eligible 
     counties in the area in which the resource advisory committee 
     has geographic jurisdiction.
       ``(2) Projects funded using other funds.--A resource 
     advisory committee may submit to the Secretary concerned a 
     description of any projects that the committee proposes the 
     Secretary undertake using funds from State or local 
     governments, or from the private sector, other than project 
     funds and funds appropriated and otherwise available to do 
     similar work.
       ``(3) Joint projects.--Participating counties or other 
     persons may propose to pool project funds or other funds, 
     described in paragraph (2), and jointly propose a project or 
     group of projects to a resource advisory committee 
     established under section 205.
       ``(b) Required Description of Projects.--In submitting 
     proposed projects to the Secretary concerned under subsection 
     (a), a resource advisory committee shall include in the 
     description of each proposed project the following 
     information:
       ``(1) The purpose of the project and a description of how 
     the project will meet the purposes of this title.
       ``(2) The anticipated duration of the project.
       ``(3) The anticipated cost of the project.
       ``(4) The proposed source of funding for the project, 
     whether project funds or other funds.
       ``(5)(A) Expected outcomes, including how the project will 
     meet or exceed desired ecological conditions, maintenance 
     objectives, or stewardship objectives.
       ``(B) An estimate of the amount of any timber, forage, and 
     other commodities and other economic activity, including jobs 
     generated, if any, anticipated as part of the project.
       ``(6) A detailed monitoring plan, including funding needs 
     and sources, that--
       ``(A) tracks and identifies the positive or negative 
     impacts of the project, implementation, and provides for 
     validation monitoring; and
       ``(B) includes an assessment of the following:
       ``(i) Whether or not the project met or exceeded desired 
     ecological conditions; created local employment or training 
     opportunities, including summer youth jobs programs such as 
     the Youth Conservation Corps where appropriate.
       ``(ii) Whether the project improved the use of, or added 
     value to, any products removed from land consistent with the 
     purposes of this title.
       ``(7) An assessment that the project is to be in the public 
     interest.
       ``(c) Authorized Projects.--Projects proposed under 
     subsection (a) shall be consistent with section 2.

     ``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY 
                   CONCERNED.

       ``(a) Conditions for Approval of Proposed Project.--The 
     Secretary concerned may make a decision to approve a project 
     submitted by a resource advisory committee under section 203 
     only if the proposed project satisfies each of the following 
     conditions:
       ``(1) The project complies with all applicable Federal laws 
     (including regulations).
       ``(2) The project is consistent with the applicable 
     resource management plan and with any watershed or subsequent 
     plan developed pursuant to the resource management plan and 
     approved by the Secretary concerned.
       ``(3) The project has been approved by the resource 
     advisory committee in accordance with section 205, including 
     the procedures issued under subsection (e) of that section.
       ``(4) A project description has been submitted by the 
     resource advisory committee to the Secretary concerned in 
     accordance with section 203.
       ``(5) The project will improve the maintenance of existing 
     infrastructure, implement stewardship objectives that enhance 
     forest ecosystems, and restore and improve land health and 
     water quality.
       ``(b) Environmental Reviews.--
       ``(1) Request for payment by county.--The Secretary 
     concerned may request the resource advisory committee 
     submitting a proposed project to agree to the use of project 
     funds to pay for any environmental review, consultation, or 
     compliance with applicable environmental laws required in 
     connection with the project.
       ``(2) Conduct of environmental review.--If a payment is 
     requested under paragraph (1) and the resource advisory 
     committee agrees to the expenditure of funds for this 
     purpose, the Secretary concerned shall conduct environmental 
     review, consultation, or other compliance responsibilities in 
     accordance with Federal laws (including regulations).

[[Page S5616]]

       ``(3) Effect of refusal to pay.--
       ``(A) In general.--If a resource advisory committee does 
     not agree to the expenditure of funds under paragraph (1), 
     the project shall be deemed withdrawn from further 
     consideration by the Secretary concerned pursuant to this 
     title.
       ``(B) Effect of withdrawal.--A withdrawal under 
     subparagraph (A) shall be deemed to be a rejection of the 
     project for purposes of section 207(c).
       ``(c) Decisions of Secretary Concerned.--
       ``(1) Rejection of projects.--
       ``(A) In general.--A decision by the Secretary concerned to 
     reject a proposed project shall be at the sole discretion of 
     the Secretary concerned.
       ``(B) No administrative appeal or judicial review.--
     Notwithstanding any other provision of law, a decision by the 
     Secretary concerned to reject a proposed project shall not be 
     subject to administrative appeal or judicial review.
       ``(C) Notice of rejection.--Not later than 30 days after 
     the date on which the Secretary concerned makes the rejection 
     decision, the Secretary concerned shall notify in writing the 
     resource advisory committee that submitted the proposed 
     project of the rejection and the reasons for rejection.
       ``(2) Notice of project approval.--The Secretary concerned 
     shall publish in the Federal Register notice of each project 
     approved under subsection (a) if the notice would be required 
     had the project originated with the Secretary.
       ``(d) Source and Conduct of Project.--Once the Secretary 
     concerned accepts a project for review under section 203, the 
     acceptance shall be deemed a Federal action for all purposes.
       ``(e) Implementation of Approved Projects.--
       ``(1) Cooperation.--Notwithstanding chapter 63 of title 31, 
     United States Code, using project funds the Secretary 
     concerned may enter into contracts, grants, and cooperative 
     agreements with States and local governments, private and 
     nonprofit entities, and landowners and other persons to 
     assist the Secretary in carrying out an approved project.
       ``(2) Best value contracting.--
       ``(A) In general.--For any project involving a contract 
     authorized by paragraph (1) the Secretary concerned may elect 
     a source for performance of the contract on a best value 
     basis.
       ``(B) Factors.--The Secretary concerned shall determine 
     best value based on such factors as--
       ``(i) the technical demands and complexity of the work to 
     be done;
       ``(ii)(I) the ecological objectives of the project; and
       ``(II) the sensitivity of the resources being treated;
       ``(iii) the past experience by the contractor with the type 
     of work being done, using the type of equipment proposed for 
     the project, and meeting or exceeding desired ecological 
     conditions; and
       ``(iv) the commitment of the contractor to hiring highly 
     qualified workers and local residents.
       ``(3) Merchantable timber contracting pilot program.--
       ``(A) Establishment.--The Secretary concerned shall 
     establish a pilot program to implement a certain percentage 
     of approved projects involving the sale of merchantable 
     timber using separate contracts for--
       ``(i) the harvesting or collection of merchantable timber; 
     and
       ``(ii) the sale of the timber.
       ``(B) Annual percentages.--Under the pilot program, the 
     Secretary concerned shall ensure that, on a nationwide basis, 
     not less than the following percentage of all approved 
     projects involving the sale of merchantable timber are 
     implemented using separate contracts:
       ``(i) For fiscal year 2008, 35 percent.
       ``(ii) For fiscal year 2009, 45 percent.
       ``(iii) For each of fiscal years 2010 and 2011, 50 percent.
       ``(C) Inclusion in pilot program.--The decision whether to 
     use separate contracts to implement a project involving the 
     sale of merchantable timber shall be made by the Secretary 
     concerned after the approval of the project under this title.
       ``(D) Assistance.--
       ``(i) In general.--The Secretary concerned may use funds 
     from any appropriated account available to the Secretary for 
     the Federal land to assist in the administration of projects 
     conducted under the pilot program.
       ``(ii) Maximum amount of assistance.--The total amount 
     obligated under this subparagraph may not exceed $1,000,000 
     for any fiscal year during which the pilot program is in 
     effect.
       ``(E) Review and report.--
       ``(i) Initial report.--Not later than September 30, 2010, 
     the Comptroller General shall submit to the Committees on 
     Agriculture, Nutrition, and Forestry and Energy and Natural 
     Resources of the Senate and the Committees on Agriculture and 
     Natural Resources of the House of Representatives a report 
     assessing the pilot program.
       ``(ii) Annual report.--The Secretary concerned shall submit 
     to the Committees on Agriculture, Nutrition, and Forestry and 
     Energy and Natural Resources of the Senate and the Committees 
     on Agriculture and Natural Resources of the House of 
     Representatives an annual report describing the results of 
     the pilot program.
       ``(f) Requirements for Project Funds.--The Secretary shall 
     ensure that at least 50 percent of all project funds be used 
     for projects that are primarily dedicated--
       ``(1) to road maintenance, decommissioning, or 
     obliteration; or
       ``(2) to restoration of streams and watersheds.

     ``SEC. 205. RESOURCE ADVISORY COMMITTEES.

       ``(a) Establishment and Purpose of Resource Advisory 
     Committees.--
       ``(1) Establishment.--The Secretary concerned shall 
     establish and maintain resource advisory committees to 
     perform the duties in subsection (b), except as provided in 
     paragraph (4).
       ``(2) Purpose.--The purpose of a resource advisory 
     committee shall be--
       ``(A) to improve collaborative relationships; and
       ``(B) to provide advice and recommendations to the land 
     management agencies consistent with the purposes of this 
     title.
       ``(3) Access to resource advisory committees.--To ensure 
     that each unit of Federal land has access to a resource 
     advisory committee, and that there is sufficient interest in 
     participation on a committee to ensure that membership can be 
     balanced in terms of the points of view represented and the 
     functions to be performed, the Secretary concerned may, 
     establish resource advisory committees for part of, or 1 or 
     more, units of Federal land.
       ``(4) Existing advisory committees.--
       ``(A) In general.--An advisory committee that meets the 
     requirements of this section, a resource advisory committee 
     established before September 29, 2006, or an advisory 
     committee determined by the Secretary concerned before 
     September 29, 2006, to meet the requirements of this section 
     may be deemed by the Secretary concerned to be a resource 
     advisory committee for the purposes of this title.
       ``(B) Charter.--A charter for a committee described in 
     subparagraph (A) that was filed on or before September 29, 
     2006, shall be considered to be filed for purposes of this 
     Act.
       ``(C) Bureau of land management advisory committees.--The 
     Secretary of the Interior may deem a resource advisory 
     committee meeting the requirements of subpart 1784 of part 
     1780 of title 43, Code of Federal Regulations, as a resource 
     advisory committee for the purposes of this title.
       ``(b) Duties.--A resource advisory committee shall--
       ``(1) review projects proposed under this title by 
     participating counties and other persons;
       ``(2) propose projects and funding to the Secretary 
     concerned under section 203;
       ``(3) provide early and continuous coordination with 
     appropriate land management agency officials in recommending 
     projects consistent with purposes of this Act under this 
     title;
       ``(4) provide frequent opportunities for citizens, 
     organizations, tribes, land management agencies, and other 
     interested parties to participate openly and meaningfully, 
     beginning at the early stages of the project development 
     process under this title;
       ``(5)(A) monitor projects that have been approved under 
     section 204; and
       ``(B) advise the designated Federal official on the 
     progress of the monitoring efforts under subparagraph (A); 
     and
       ``(6) make recommendations to the Secretary concerned for 
     any appropriate changes or adjustments to the projects being 
     monitored by the resource advisory committee.
       ``(c) Appointment by the Secretary.--
       ``(1) Appointment and term.--
       ``(A) In general.--The Secretary concerned, shall appoint 
     the members of resource advisory committees for a term of 4 
     years beginning on the date of appointment.
       ``(B) Reappointment.--The Secretary concerned may reappoint 
     members to subsequent 4-year terms.
       ``(2) Basic requirements.--The Secretary concerned shall 
     ensure that each resource advisory committee established 
     meets the requirements of subsection (d).
       ``(3) Initial appointment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary 
     concerned shall make initial appointments to the resource 
     advisory committees.
       ``(4) Vacancies.--The Secretary concerned shall make 
     appointments to fill vacancies on any resource advisory 
     committee as soon as practicable after the vacancy has 
     occurred.
       ``(5) Compensation.--Members of the resource advisory 
     committees shall not receive any compensation.
       ``(d) Composition of Advisory Committee.--
       ``(1) Number.--Each resource advisory committee shall be 
     comprised of 15 members.
       ``(2) Community interests represented.--Committee members 
     shall be representative of the interests of the following 3 
     categories:
       ``(A) 5 persons that--
       ``(i) represent organized labor or non-timber forest 
     product harvester groups;
       ``(ii) represent developed outdoor recreation, off highway 
     vehicle users, or commercial recreation activities;
       ``(iii) represent--

       ``(I) energy and mineral development interests; or
       ``(II) commercial or recreational fishing interests;

       ``(iv) represent the commercial timber industry; or
       ``(v) hold Federal grazing or other land use permits, or 
     represent nonindustrial private forest land owners, within 
     the area for which the committee is organized.

[[Page S5617]]

       ``(B) 5 persons that represent--
       ``(i) nationally recognized environmental organizations;
       ``(ii) regionally or locally recognized environmental 
     organizations;
       ``(iii) dispersed recreational activities;
       ``(iv) archaeological and historical interests; or
       ``(v) nationally or regionally recognized wild horse and 
     burro interest groups, wildlife or hunting organizations, or 
     watershed associations.
       ``(C) 5 persons that--
       ``(i) hold State elected office (or a designee);
       ``(ii) hold county or local elected office;
       ``(iii) represent American Indian tribes within or adjacent 
     to the area for which the committee is organized;
       ``(iv) are school officials or teachers; or
       ``(v) represent the affected public at large.
       ``(3) Balanced representation.--In appointing committee 
     members from the 3 categories in paragraph (2), the Secretary 
     concerned shall provide for balanced and broad representation 
     from within each category.
       ``(4) Geographic distribution.--The members of a resource 
     advisory committee shall reside within the State in which the 
     committee has jurisdiction and, to extent practicable, the 
     Secretary concerned shall ensure local representation in each 
     category in paragraph (2).
       ``(5) Chairperson.--A majority on each resource advisory 
     committee shall select the chairperson of the committee.
       ``(e) Approval Procedures.--
       ``(1) In general.--Subject to paragraph (3), each resource 
     advisory committee shall establish procedures for proposing 
     projects to the Secretary concerned under this title.
       ``(2) Quorum.--A quorum must be present to constitute an 
     official meeting of the committee.
       ``(3) Approval by majority of members.--A project may be 
     proposed by a resource advisory committee to the Secretary 
     concerned under section 203(a), if the project has been 
     approved by a majority of members of the committee from each 
     of the 3 categories in subsection (d)(2).
       ``(f) Other Committee Authorities and Requirements.--
       ``(1) Staff assistance.--A resource advisory committee may 
     submit to the Secretary concerned a request for periodic 
     staff assistance from Federal employees under the 
     jurisdiction of the Secretary.
       ``(2) Meetings.--All meetings of a resource advisory 
     committee shall be announced at least 1 week in advance in a 
     local newspaper of record and shall be open to the public.
       ``(3) Records.--A resource advisory committee shall 
     maintain records of the meetings of the committee and make 
     the records available for public inspection.

     ``SEC. 206. USE OF PROJECT FUNDS.

       ``(a) Agreement Regarding Schedule and Cost of Project.--
       ``(1) Agreement between parties.--The Secretary concerned 
     may carry out a project submitted by a resource advisory 
     committee under section 203(a) using project funds or other 
     funds described in section 203(a)(2), if, as soon as 
     practicable after the issuance of a decision document for the 
     project and the exhaustion of all administrative appeals and 
     judicial review of the project decision, the Secretary 
     concerned and the resource advisory committee enter into an 
     agreement addressing, at a minimum, the following:
       ``(A) The schedule for completing the project.
       ``(B) The total cost of the project, including the level of 
     agency overhead to be assessed against the project.
       ``(C) For a multiyear project, the estimated cost of the 
     project for each of the fiscal years in which it will be 
     carried out.
       ``(D) The remedies for failure of the Secretary concerned 
     to comply with the terms of the agreement consistent with 
     current Federal law.
       ``(2) Limited use of federal funds.--The Secretary 
     concerned may decide, at the sole discretion of the Secretary 
     concerned, to cover the costs of a portion of an approved 
     project using Federal funds appropriated or otherwise 
     available to the Secretary for the same purposes as the 
     project.
       ``(b) Transfer of Project Funds.--
       ``(1) Initial transfer required.--As soon as practicable 
     after the agreement is reached under subsection (a) with 
     regard to a project to be funded in whole or in part using 
     project funds, or other funds described in section 203(a)(2), 
     the Secretary concerned shall transfer to the applicable unit 
     of National Forest System land or Bureau of Land Management 
     District an amount of project funds equal to--
       ``(A) in the case of a project to be completed in a single 
     fiscal year, the total amount specified in the agreement to 
     be paid using project funds, or other funds described in 
     section 203(a)(2); or
       ``(B) in the case of a multiyear project, the amount 
     specified in the agreement to be paid using project funds, or 
     other funds described in section 203(a)(2) for the first 
     fiscal year.
       ``(2) Condition on project commencement.--The unit of 
     National Forest System land or Bureau of Land Management 
     District concerned, shall not commence a project until the 
     project funds, or other funds described in section 203(a)(2) 
     required to be transferred under paragraph (1) for the 
     project, have been made available by the Secretary concerned.
       ``(3) Subsequent transfers for multi year projects.--
       ``(A) In general.--For the second and subsequent fiscal 
     years of a multiyear project to be funded in whole or in part 
     using project funds, the unit of National Forest System land 
     or Bureau of Land Management District concerned shall use the 
     amount of project funds required to continue the project in 
     that fiscal year according to the agreement entered into 
     under subsection (a).
       ``(B) Suspension of work.--The Secretary concerned shall 
     suspend work on the project if the project funds required by 
     the agreement in the second and subsequent fiscal years are 
     not available.

     ``SEC. 207. AVAILABILITY OF PROJECT FUNDS.

       ``(a) Submission of Proposed Projects To Obligate Funds.--
     By September 30 of each fiscal year through fiscal year 2011, 
     a resource advisory committee shall submit to the Secretary 
     concerned pursuant to section 203(a)(1) a sufficient number 
     of project proposals that, if approved, would result in the 
     obligation of at least the full amount of the project funds 
     reserved by the participating county in the preceding fiscal 
     year.
       ``(b) Use or Transfer of Unobligated Funds.--Subject to 
     section 208, if a resource advisory committee fails to comply 
     with subsection (a) for a fiscal year, any project funds 
     reserved by the participating county in the preceding fiscal 
     year and remaining unobligated shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(c) Effect of Rejection of Projects.--Subject to section 
     208, any project funds reserved by a participating county in 
     the preceding fiscal year that are unobligated at the end of 
     a fiscal year because the Secretary concerned has rejected 
     one or more proposed projects shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(d) Effect of Court Orders.--
       ``(1) In general.--If an approved project under this Act is 
     enjoined or prohibited by a Federal court, the Secretary 
     concerned shall return the unobligated project funds related 
     to the project to the participating county or counties that 
     reserved the funds.
       ``(2) Expenditure of funds.--The returned funds shall be 
     available for the county to expend in the same manner as the 
     funds reserved by the county under subparagraph (B) or (C)(i) 
     of section 102(d)(1).

     ``SEC. 208. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title shall terminate on September 30, 2011.
       ``(b) Deposits in Treasury.--Any project funds not 
     obligated by September 30, 2012, shall be deposited in the 
     Treasury of the United States.

                       ``TITLE III--COUNTY FUNDS

     ``SEC. 301. DEFINITIONS.

       ``In this title:
       ``(1) County funds.--The term `county funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(2) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.

     ``SEC. 302. USE.

       ``(a) Authorized Uses.--A participating county, including 
     any applicable agencies of the participating county, shall 
     use county funds, in accordance with this title, only--
       ``(1) to carry out activities under the Firewise 
     Communities program to provide to homeowners in fire-
     sensitive ecosystems education on, and assistance with 
     implementing, techniques in home siting, home construction, 
     and home landscaping that can increase the protection of 
     people and property from wildfires;
       ``(2) to reimburse the participating county for search and 
     rescue and other emergency services, including firefighting, 
     that are--
       ``(A) performed on Federal land after the date on which the 
     use was approved under subsection (b);
       ``(B) paid for by the participating county; and
       ``(3) to develop community wildfire protection plans in 
     coordination with the appropriate Secretary concerned.
       ``(b) Proposals.--A participating county shall use county 
     funds for a use described in subsection (a) only after a 45-
     day public comment period, at the beginning of which the 
     participating county shall--
       ``(1) publish in any publications of local record a 
     proposal that describes the proposed use of the county funds; 
     and
       ``(2) submit the proposal to any resource advisory 
     committee established under section 205 for the participating 
     county.

     ``SEC. 303. CERTIFICATION.

       ``(a) In General.--Not later than February 1 of the year 
     after the year in which any county funds were expended by a 
     participating county, the appropriate official of the 
     participating county shall submit to the Secretary concerned 
     a certification that the county funds expended in the 
     applicable year have been used for the uses authorized under 
     section 302(a), including a description of the amounts 
     expended and the uses for which the amounts were expended.
       ``(b) Review.--The Secretary concerned shall review the 
     certifications submitted under subsection (a) as the 
     Secretary concerned determines to be appropriate.

     ``SEC. 304. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title terminates on September 30, 2011.

[[Page S5618]]

       ``(b) Availability.--Any county funds not obligated by 
     September 30, 2012, shall be returned to the Treasury of the 
     United States.

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

     ``SEC. 401. REGULATIONS.

       ``The Secretary of Agriculture and the Secretary of the 
     Interior shall issue regulations to carry out the purposes of 
     this Act.

     ``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act for each of fiscal years 2008 
     through 2011.

     ``SEC. 403. TREATMENT OF FUNDS AND REVENUES.

       ``(a) Relation to Other Appropriations.--Funds made 
     available under section 402 and funds made available to a 
     Secretary concerned under section 206 shall be in addition to 
     any other annual appropriations for the Forest Service and 
     the Bureau of Land Management.
       ``(b) Deposit of Revenues and Other Funds.--All revenues 
     generated from projects pursuant to title II, including any 
     interest accrued from the revenues, shall be deposited in the 
     Treasury of the United States.''.
       (b) Forest Receipt Payments to Eligible States and 
     Counties.--
       (1) Act of may 23, 1908.--The sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 
     U.S.C. 500) is amended in the first sentence by striking 
     ``twenty-five percentum'' and all that follows through 
     ``shall be paid'' and inserting the following: ``an amount 
     equal to the annual average of 25 percent of all amounts 
     received for the applicable fiscal year and each of the 
     preceding 6 fiscal years from each national forest shall be 
     paid''.
       (2) Weeks law.--Section 13 of the Act of March 1, 1911 
     (commonly known as the ``Weeks Law'') (16 U.S.C. 500) is 
     amended in the first sentence by striking ``twenty-five 
     percentum'' and all that follows through ``shall be paid'' 
     and inserting the following: ``an amount equal to the annual 
     average of 25 percent of all amounts received for the 
     applicable fiscal year and each of the preceding 6 fiscal 
     years from each national forest shall be paid''.
       (c) Payments in Lieu of Taxes.--
       (1) In general.--Section 6906 of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 6906. Funding

       ``For each of fiscal years 2008 through 2012--
       ``(1) each county or other eligible unit of local 
     government shall be entitled to payment under this chapter; 
     and
       ``(2) sums shall be made available to the Secretary of the 
     Interior for obligation or expenditure in accordance with 
     this chapter.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 69 of title 31, United States Code, is amended by 
     striking the item relating to section 6906 and inserting the 
     following:

``6906. Funding.''.

       (3) Budget scorekeeping.--
       (A) In general.--Notwithstanding the Budget Scorekeeping 
     Guidelines and the accompanying list of programs and accounts 
     set forth in the joint explanatory statement of the committee 
     of conference accompanying Conference Report 105-217, the 
     section in this title regarding Payments in Lieu of Taxes 
     shall be treated in the baseline for purposes of section 257 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (as in effect prior to September 30, 2002), and by the 
     Chairmen of the House and Senate Budget Committees, as 
     appropriate, for purposes of budget enforcement in the House 
     and Senate, and under the Congressional Budget Act of 1974 as 
     if Payment in Lieu of Taxes (14-1114-0-1-806) were an account 
     designated as Appropriated Entitlements and Mandatories for 
     Fiscal Year 1997 in the joint explanatory statement of the 
     committee of conference accompanying Conference Report 105-
     217.
       (B) Effective date.--This paragraph shall remain in effect 
     for the fiscal years to which the entitlement in section 6906 
     of title 31, United States Code (as amended by paragraph 
     (1)), applies.

     SEC. 342. CLARIFICATION OF UNIFORM DEFINITION OF CHILD.

       (a) Child Must Be Younger Than Claimant.--Section 
     152(c)(3)(A) (relating to age requirements) is amended by 
     inserting ``is younger than the taxpayer claiming such 
     individual as a qualifying child and'' after ``such 
     individual''.
       (b) Child Must Be Unmarried.--Section 152(c)(1) (relating 
     to qualifying child) 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:
       ``(E) who has not filed a joint return (other than only for 
     a claim of refund) with the individual's spouse under section 
     6013 for the taxable year beginning in the calendar year in 
     which the taxable year of the taxpayer begins.''.
       (c) Restrict Qualifying Child Tax Benefits to Child's 
     Parent.--
       (1) Child tax credit.--Subsection (a) of section 24 
     (relating to child tax credit) is amended by inserting ``for 
     which the taxpayer is allowed a deduction under section 151'' 
     after ``of the taxpayer''.
       (2) Persons other than parents claiming qualifying child.--
       (A) In general.--Paragraph (4) of section 152(c) is amended 
     by adding at the end the following new subparagraph:
       ``(C) No parent claiming qualifying child.--If the parents 
     of an individual may claim such individual as a qualifying 
     child but no parent so claims the individual, such individual 
     may be claimed as the qualifying child of another taxpayer 
     but only if the adjusted gross income of such taxpayer is 
     higher than the highest adjusted gross income of any parent 
     of the individual.''.
       (B) Conforming amendments.--
       (i) Subparagraph (A) of section 152(c)(4) is amended by 
     striking ``Except'' through ``2 or more taxpayers'' and 
     inserting ``Except as provided in subparagraphs (B) and (C), 
     if (but for this paragraph) an individual may be claimed as a 
     qualifying child by 2 or more taxpayers''.
       (ii) The heading for paragraph (4) of section 152(c) is 
     amended by striking ``claiming'' and inserting ``who can 
     claim the same''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                      TITLE IV--REVENUE PROVISIONS

     SEC. 401. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX 
                   INDIFFERENT PARTIES.

       (a) In General.--Subpart B of part II of subchapter E of 
     chapter 1 is amended by inserting after section 457 the 
     following new section:

     ``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN 
                   TAX INDIFFERENT PARTIES.

       ``(a) In General.--Any compensation which is deferred under 
     a nonqualified deferred compensation plan of a nonqualified 
     entity shall be includible in gross income when there is no 
     substantial risk of forfeiture of the rights to such 
     compensation.
       ``(b) Nonqualified Entity.--For purposes of this section, 
     the term `nonqualified entity' means--
       ``(1) any foreign corporation unless substantially all of 
     its income is--
       ``(A) effectively connected with the conduct of a trade or 
     business in the United States, or
       ``(B) subject to a comprehensive foreign income tax, and
       ``(2) any partnership unless substantially all of its 
     income is allocated to persons other than--
       ``(A) foreign persons with respect to whom such income is 
     not subject to a comprehensive foreign income tax, and
       ``(B) organizations which are exempt from tax under this 
     title.
       ``(c) Determinability of Amounts of Compensation.--
       ``(1) In general.--If the amount of any compensation is not 
     determinable at the time that such compensation is otherwise 
     includible in gross income under subsection (a)--
       ``(A) such amount shall be so includible in gross income 
     when determinable, and
       ``(B) the tax imposed under this chapter for the taxable 
     year in which such compensation is includible in gross income 
     shall be increased by the sum of--
       ``(i) the amount of interest determined under paragraph 
     (2), and
       ``(ii) an amount equal to 20 percent of the amount of such 
     compensation.
       ``(2) Interest.--For purposes of paragraph (1)(B)(i), the 
     interest determined under this paragraph for any taxable year 
     is the amount of interest at the underpayment rate under 
     section 6621 plus 1 percentage point on the underpayments 
     that would have occurred had the deferred compensation been 
     includible in gross income for the taxable year in which 
     first deferred or, if later, the first taxable year in which 
     such deferred compensation is not subject to a substantial 
     risk of forfeiture.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Substantial risk of forfeiture.--
       ``(A) In general.--The rights of a person to compensation 
     shall be treated as subject to a substantial risk of 
     forfeiture only if such person's rights to such compensation 
     are conditioned upon the future performance of substantial 
     services by any individual.
       ``(B) Exception for compensation based on gain recognized 
     on an investment asset.--
       ``(i) In general.--To the extent provided in regulations 
     prescribed by the Secretary, if compensation is determined 
     solely by reference to the amount of gain recognized on the 
     disposition of an investment asset, such compensation shall 
     be treated as subject to a substantial risk of forfeiture 
     until the date of such disposition.
       ``(ii) Investment asset.--For purposes of clause (i), the 
     term `investment asset' means any single asset (other than an 
     investment fund or similar entity)--

       ``(I) acquired directly by an investment fund or similar 
     entity,
       ``(II) with respect to which such entity does not (nor does 
     any person related to such entity) participate in the active 
     management of such asset (or if such asset is an interest in 
     an entity, in the active management of the activities of such 
     entity), and
       ``(III) substantially all of any gain on the disposition of 
     which (other than such deferred compensation) is allocated to 
     investors in such entity.

       ``(iii) Coordination with special rule.--Paragraph (3)(B) 
     shall not apply to any compensation to which clause (i) 
     applies.
       ``(2) Comprehensive foreign income tax.--The term 
     `comprehensive foreign income tax' means, with respect to any 
     foreign person, the income tax of a foreign country if--

[[Page S5619]]

       ``(A) such person is eligible for the benefits of a 
     comprehensive income tax treaty between such foreign country 
     and the United States, or
       ``(B) such person demonstrates to the satisfaction of the 
     Secretary that such foreign country has a comprehensive 
     income tax.
       ``(3) Nonqualified deferred compensation plan.--
       ``(A) In general.--The term `nonqualified deferred 
     compensation plan' has the meaning given such term under 
     section 409A(d), except that such term shall include any plan 
     that provides a right to compensation based on the 
     appreciation in value of a specified number of equity units 
     of the service recipient.
       ``(B) Exception.--Compensation shall not be treated as 
     deferred for purposes of this section if the service provider 
     receives payment of such compensation not later than 12 
     months after the end of the taxable year of the service 
     recipient during which the right to the payment of such 
     compensation is no longer subject to a substantial risk of 
     forfeiture.
       ``(4) Exception for certain compensation with respect to 
     effectively connected income.--In the case a foreign 
     corporation with income which is taxable under section 882, 
     this section shall not apply to compensation which, had such 
     compensation had been paid in cash on the date that such 
     compensation ceased to be subject to a substantial risk of 
     forfeiture, would have been deductible by such foreign 
     corporation against such income.
       ``(5) Application of rules.--Rules similar to the rules of 
     paragraphs (5) and (6) of section 409A(d) shall apply.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section, including regulations 
     disregarding a substantial risk of forfeiture in cases where 
     necessary to carry out the purposes of this section.''.
       (b) Conforming Amendment.--Section 26(b)(2) is amended by 
     striking ``and'' at the end of subparagraph (U), by striking 
     the period at the end of subparagraph (V) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(W) section 457A(c)(1)(B) (relating to determinability of 
     amounts of compensation).''.
       (c) Clerical Amendment.--The table of sections of subpart B 
     of part II of subchapter E of chapter 1 is amended by 
     inserting after the item relating to section 457 the 
     following new item:

``Sec. 457A. Nonqualified deferred compensation from certain tax 
              indifferent parties.''.

       (d) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to amounts deferred which are attributable to services 
     performed after December 31, 2008.
       (2) Application to existing deferrals.--In the case of any 
     amount deferred to which the amendments made by this section 
     do not apply solely by reason of the fact that the amount is 
     attributable to services performed before January 1, 2009, to 
     the extent such amount is not includible in gross income in a 
     taxable year beginning before 2018, such amounts shall be 
     includible in gross income in the later of--
       (A) the last taxable year beginning before 2018, or
       (B) the taxable year in which there is no substantial risk 
     of forfeiture of the rights to such compensation (determined 
     in the same manner as determined for purposes of section 457A 
     of the Internal Revenue Code of 1986, as added by this 
     section).
       (3) Charitable contributions of existing deferrals 
     permitted.--
       (A) In general.--Subsection (b) of section 170 of the 
     Internal Revenue Code of 1986 shall not apply to (and 
     subsections (b) and (d) of such section shall be applied 
     without regard to) so much of the taxpayer's qualified 
     contributions made during the taxpayer's last taxable year 
     beginning before 2018 as does not exceed the taxpayer's 
     qualified inclusion amount. For purposes of subsection (b) of 
     section 170 of such Code, the taxpayer's contribution base 
     for such last taxable year shall be reduced by the amount of 
     the taxpayer's qualified contributions to which such 
     subsection does not apply by reason the preceding sentence.
       (B) Qualified contributions.--For purposes of this 
     paragraph, the term ``qualified contributions'' means the 
     aggregate charitable contributions (as defined in section 
     170(c) of such Code) paid in cash by the taxpayer to 
     organizations described in section 170(b)(1)(A) of such Code 
     (other than any organization described in section 509(a)(3) 
     of such Code or any fund or account described in section 
     4966(d)(2) of such Code).
       (C) Qualified inclusion amount.--For purposes of this 
     paragraph, the term ``qualified inclusion amount'' means the 
     amount includible in the taxpayer's gross income for the last 
     taxable year beginning before 2018 by reason of paragraph 
     (2).
       (4) Accelerated payments.--No later than 120 days after the 
     date of the enactment of this Act, the Secretary shall issue 
     guidance providing a limited period of time during which a 
     nonqualified deferred compensation arrangement attributable 
     to services performed on or before December 31, 2008, may, 
     without violating the requirements of section 409A(a) of the 
     Internal Revenue Code of 1986, be amended to conform the date 
     of distribution to the date the amounts are required to be 
     included in income.
       (5) Certain back-to-back arrangements.--If the taxpayer is 
     also a service recipient and maintains one or more 
     nonqualified deferred compensation arrangements for its 
     service providers under which any amount is attributable to 
     services performed on or before December 31, 2008, the 
     guidance issued under paragraph (4) shall permit such 
     arrangements to be amended to conform the dates of 
     distribution under such arrangement to the date amounts are 
     required to be included in the income of such taxpayer under 
     this subsection.
       (6) Accelerated payment not treated as material 
     modification.--Any amendment to a nonqualified deferred 
     compensation arrangement made pursuant to paragraph (4) or 
     (5) shall not be treated as a material modification of the 
     arrangement for purposes of section 409A of the Internal 
     Revenue Code of 1986.

     SEC. 402. DELAY IN APPLICATION OF WORLDWIDE ALLOCATION OF 
                   INTEREST.

       (a) In General.--Paragraph (6) of section 864(f) is 
     amended--
       (1) by striking ``December 31, 2008'' and inserting 
     ``December 31, 2018'',
       (2) by striking ``An election'' and inserting:
       ``(A) In general.--Except as provided in subparagraph (B), 
     an election'', and
       (3) by adding at the end the following new subparagraph:
       ``(B) Earlier application for certain groups including 
     holding companies.--
       ``(i) In general.--Notwithstanding subparagraph (A), in the 
     case of an applicable worldwide affiliated group--

       ``(I) the common parent of the applicable worldwide 
     affiliated group may elect, for its first taxable year 
     beginning after December 31, 2008, to have paragraphs (1), 
     (2), and (3) apply to the applicable worldwide affiliated 
     group as if it were a separate worldwide affiliated group, 
     and
       ``(II) except as provided in clause (ii), such election 
     shall apply to such applicable worldwide affiliated group for 
     such taxable year and the 2 immediately succeeding taxable 
     years unless revoked with the consent of the Secretary.

     Such election shall not preclude an election under 
     subparagraph (A) with respect to the worldwide affiliated 
     group to which such applicable worldwide affiliated group 
     relates.
       ``(ii) Limitation based on foreign assets.--This subsection 
     shall not apply to a taxable year for which the election 
     under clause (i) is otherwise in effect if the ratio 
     (expressed as a percentage) which the foreign assets of the 
     applicable worldwide affiliated group bear to all the assets 
     of the applicable worldwide affiliated group exceeds 3 
     percent at any time during such taxable year.
       ``(iii) Applicable worldwide affiliated group.--For 
     purposes of this subparagraph, the term `applicable worldwide 
     affiliated group' means, with respect to any worldwide 
     affiliated group (as defined in paragraph (1)(C)) the common 
     parent of which is an entity described in clause (i), (ii), 
     or (iii) of paragraph (4)(C), a separate group consisting of 
     those members of such worldwide affiliated group which--

       ``(I) are entities described in clause (i), (ii), or (iii) 
     of paragraph (4)(C), or are subsidiaries of such entities 
     substantially all of the activities of which are payroll, 
     asset holding, or other activities which are integrally 
     related to activities described in any such clause, and
       ``(II) were in existence, and were members of such group, 
     as of October 21, 2004.

       ``(iv) Guidance.--The Secretary may prescribe such guidance 
     as may be necessary to carry out the application of this 
     subparagraph, including guidance with respect to the proper 
     method for determining the ratio described in clause (ii) and 
     guidance to prevent avoidance of the purposes of this 
     subparagraph.''.
       (b) Conforming Amendment.--Paragraph (5)(D) of section 
     864(f) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2018''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 403. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       (a) Repeal of Adjustment for 2012.--Subparagraph (B) of 
     section 401(1) of the Tax Increase Prevention and 
     Reconciliation Act of 2005 is amended by striking the 
     percentage contained therein and inserting ``100 percent''.
       (b) Modification of Adjustment for 2013.--The percentage 
     under subparagraph (C) of section 401(1) of the Tax Increase 
     Prevention and Reconciliation Act of 2005 in effect on the 
     date of the enactment of this Act is increased by 37.75 
     percentage points.
                                 ______
                                 
      By Mr. COLEMAN:
  S. 3126. A bill to provide for the development of certain tradional 
and alternative energy resources; and for other purposes; to the 
Committee on Finance.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S5620]]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Energy 
     Resource Development Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                     TITLE I--TRADITIONAL RESOURCES

Sec. 101. Revocation of withdrawal of certain areas of the outer 
              Continental Shelf.
Sec. 102. State authority to protect certain coastal areas.
Sec. 103. Production of oil and natural gas in new producing areas.

                    TITLE II--ALTERNATIVE RESOURCES

       Subtitle A--Renewable Fuel and Advanced Energy Technology

Sec. 201. Energy Independence Trust Fund.
Sec. 202. Loan guarantees for renewable fuel pipelines.

        Subtitle B--Clean Coal-Derived Fuels for Energy Security

Sec. 211. Definitions.
Sec. 212. Clean coal-derived fuel program.

                       Subtitle C--Nuclear Energy

Sec. 221. Incentives for innovative technologies.
Sec. 222. Authorization for Nuclear Power 2010 Program.
Sec. 223. Domestic manufacturing base for nuclear components and 
              equipment.
Sec. 224. Nuclear energy workforce.
Sec. 225. Investment tax credit for investments in nuclear power 
              facilities.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     Energy.

                     TITLE I--TRADITIONAL RESOURCES

     SEC. 101. REVOCATION OF WITHDRAWAL OF CERTAIN AREAS OF THE 
                   OUTER CONTINENTAL SHELF.

       The ``Memorandum on Withdrawal of Certain Areas of the 
     United States Outer Continental Shelf from Leasing 
     Disposition'', 34 Weekly Comp. Pres. Doc. 1111, dated June 
     12, 1998, is revoked and no longer in effect regarding any 
     area on the outer Continental Shelf covered by sections 104 
     and 105 of the Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2008 (Public Law 110-
     161; 121 Stat. 2118).

     SEC. 102. STATE AUTHORITY TO PROTECT CERTAIN COASTAL AREAS.

       Section 19 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1345) is amended by adding at the end the following:
       ``(f) Approval by Certain Affected States.--
       ``(1) Definition of affected state.--In this subsection, 
     the term `affected State' means a State that the Secretary, 
     in consultation with the Administrator of the Environmental 
     Protection Agency, determines could be affected negatively by 
     the potential environmental or economic impacts of a proposed 
     lease sale or proposed development and production plan under 
     this Act.
       ``(2) Notice to affected states.--Not later than 30 days 
     before the date of a proposed lease sale or the publication 
     of a proposed development and production plan, the Secretary 
     shall submit to the Governor of each affected State notice of 
     the proposed sale or plan.
       ``(3) Authorities of affected states.--Not later than 60 
     days after the date on which the Secretary provides to the 
     Governor of an affected State notice under paragraph (2), the 
     Governor of the affected State shall submit to the Secretary 
     a written response to the proposed sale or plan that--
       ``(A) specifies whether the Governor--
       ``(i) accepts the sale or plan as proposed;
       ``(ii) accepts the sale or plan with modification; or
       ``(iii) vetoes the proposed sale or plan; and
       ``(B) in the case of subparagraph (A)(ii), includes a 
     counterproposal that describes--
       ``(i) any proposed modifications to--

       ``(I) the proposed plan; or
       ``(II) the size, time, or location of the proposed sale; 
     and

       ``(ii) any areas off the coast of the State that the 
     Governor recommends for long-term protection in the form of a 
     moratorium on leasing for a period of not more than 20 years 
     based on--

       ``(I) any information in existence on the date of the 
     counterproposal concerning the geographical, geological, and 
     ecological characteristics of the areas proposed for 
     protection;
       ``(II) an equitable sharing of developmental benefits and 
     environmental risks among the areas;
       ``(III) the location of the areas with respect to--

       ``(aa) other uses of the sea and seabed in the areas, 
     including fisheries, navigation, existing or proposed 
     sealanes, potential sites of deepwater ports; and
       ``(bb) other anticipated uses of the resources and space of 
     other areas of the outer Continental Shelf;

       ``(IV) any relevant laws, goals, and policies of the State; 
     and
       ``(V) the relative environmental sensitivity and marine 
     productivity of other areas of the outer Continental Shelf.

       ``(4) Secretarial response.--
       ``(A) In general.--As soon as practicable after the 
     Secretary receives a counterproposal under paragraph (3)(B), 
     the Secretary, in consultation with the Secretary of Defense, 
     shall--
       ``(i) approve the counterproposal without modification;
       ``(ii) attempt to enter into an agreement with the Governor 
     to modify the counterproposal; or
       ``(iii) deny the counterproposal.
       ``(B) Approval of agreement.--To be valid, an agreement 
     entered into under subparagraph (A)(ii) requires the approval 
     of the Governor, the Secretary, and the Secretary of the 
     Defense.''.

     SEC. 103. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING 
                   AREAS.

       The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING 
                   AREAS.

       ``(a) Definitions.--In this section:
       ``(1) Coastal political subdivision.--The term `coastal 
     political subdivision' means a political subdivision of a new 
     producing State any part of which political subdivision is--
       ``(A) within the coastal zone (as defined in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of 
     the new producing State as of the date of enactment of this 
     section; and
       ``(B) not more than 200 nautical miles from the geographic 
     center of any leased tract.
       ``(2) Moratorium area.--
       ``(A) In general.--The term `moratorium area' means an area 
     covered by sections 104 through 105 of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2008 (Public Law 110-161; 121 Stat. 2118).
       ``(B) Exclusion.--The term `moratorium area' does not 
     include an area located in the Gulf of Mexico.
       ``(3) New producing area.--The term `new producing area' 
     means any moratorium area beyond the submerged land of a new 
     producing State.
       ``(4) New producing state.--The term `new producing State' 
     means a State that has received notice of a proposed lease 
     sale for a new producing area under section 19(f)(2).
       ``(5) Qualified outer continental shelf revenues.--
       ``(A) In general.--The term `qualified outer Continental 
     Shelf revenues' means all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from leases 
     entered into on or after the date of enactment of this 
     section for new producing areas.
       ``(B) Exclusions.--The term `qualified outer Continental 
     Shelf revenues' does not include--
       ``(i) revenues from a bond or other surety forfeited for 
     obligations other than the collection of royalties;
       ``(ii) revenues from civil penalties;
       ``(iii) royalties taken by the Secretary in-kind and not 
     sold;
       ``(iv) revenues generated from leases subject to section 
     8(g); or
       ``(v) any revenues considered qualified outer Continental 
     Shelf revenues under section 102 of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
     432).
       ``(b) Availability for Leasing.--On approval by the new 
     producing State of a proposed lease sale for a new producing 
     area under section 19(f), the Secretary shall conduct the 
     proposed lease sale for the new producing area.
       ``(c) Disposition of Qualified Outer Continental Shelf 
     Revenues From New Producing Areas.--
       ``(1) In general.--Notwithstanding section 9 and subject to 
     the other provisions of this subsection, for each applicable 
     fiscal year, the Secretary of the Treasury shall deposit--
       ``(A) 50 percent of qualified outer Continental Shelf 
     revenues--
       ``(i) in the fund established by section 201 of the Energy 
     Resource Development Act of 2008; or
       ``(ii) if the Secretary of the Treasury determines that the 
     fund described in clause (i) is fully funded, in the general 
     fund of the Treasury; and
       ``(B) 50 percent of qualified outer Continental Shelf 
     revenues in a special account in the Treasury from which the 
     Secretary shall disburse--
       ``(i) 75 percent to new producing States in accordance with 
     paragraph (2); and
       ``(ii) 25 percent to provide financial assistance to States 
     in accordance with section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l -8), which 
     shall be considered income to the Land and Water Conservation 
     Fund for purposes of section 2 of that Act (16 U.S.C. 460l-
     5).
       ``(2) Allocation to new producing states and coastal 
     political subdivisions.--
       ``(A) Allocation to new producing states.--Effective for 
     fiscal year 2008 and each fiscal year thereafter, the amount 
     made available under paragraph (1)(B)(i) shall be allocated 
     to each new producing State in amounts (based on a formula 
     established by the Secretary by regulation) proportional to 
     the amount of qualified outer Continental Shelf revenues 
     generated in the new producing area offshore each State.
       ``(B) Payments to coastal political subdivisions.--
       ``(i) In general.--The Secretary shall pay 20 percent of 
     the allocable share of each new producing State, as 
     determined under subparagraph (A), to the coastal political 
     subdivisions of the new producing State.
       ``(ii) Allocation.--The amount paid by the Secretary to 
     coastal political subdivisions shall be allocated to each 
     coastal political

[[Page S5621]]

     subdivision in accordance with subparagraphs (B) and (C) of 
     section 31(b)(4).
       ``(3) Minimum allocation.--The amount allocated to a new 
     producing State for each fiscal year under paragraph (2) 
     shall be at least 5 percent of the amounts available under 
     for the fiscal year under paragraph (1)(B)(i).
       ``(4) Timing.--The amounts required to be deposited under 
     subparagraph (B) of paragraph (1) for the applicable fiscal 
     year shall be made available in accordance with that 
     subparagraph during the fiscal year immediately following the 
     applicable fiscal year.
       ``(5) Authorized uses.--
       ``(A) In general.--Subject to subparagraph (B), each new 
     producing State and coastal political subdivision shall use 
     all amounts received under paragraph (2) in accordance with 
     all applicable Federal and State laws, only for 1 or more of 
     the following purposes:
       ``(i) Projects and activities for the purposes of coastal 
     protection, including conservation, coastal restoration, and 
     hurricane protection.
       ``(ii) Mitigation of damage to fish, wildlife, or natural 
     resources.
       ``(iii) Implementation of a federally-approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(iv) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore projects.
       ``(v) Planning assistance and the administrative costs of 
     complying with this section.
       ``(B) Limitation.--Not more than 3 percent of amounts 
     received by a new producing State or coastal political 
     subdivision under paragraph (2) may be used for the purposes 
     described in subparagraph (A)(v).
       ``(6) Administration.--Amounts made available under 
     paragraph (1)(B) shall--
       ``(A) be made available, without further appropriation, in 
     accordance with this subsection;
       ``(B) remain available until expended; and
       ``(C) be in addition to any amounts appropriated under--
       ``(i) other provisions of this Act;
       ``(ii) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); or
       ``(iii) any other provision of law.
       ``(d) Disposition of Qualified Outer Continental Shelf 
     Revenues From Other Areas.--Notwithstanding section 9, for 
     each applicable fiscal year, the terms and conditions of 
     subsection (c) shall apply to the disposition of qualified 
     outer Continental Shelf revenues that--
       ``(1) are derived from oil or gas leasing in an area that 
     is not included in the current 5-year plan of the Secretary 
     for oil or gas leasing; and
       ``(2) are not assumed in the budget of the United States 
     Government submitted by the President under section 1105 of 
     title 31, United States Code.
       ``(e) Due Diligence Required.--
       ``(1) New producing area leases.--Each lease entered into 
     under this section shall provide that if a lessee fails to 
     initiate development of the oil or gas resources in the new 
     producing area subject to the lease by the date that is 2 
     years after the date of the issuance of the lease--
       ``(A) the lease shall terminate; and
       ``(B) the Secretary shall conduct a new lease sale for the 
     new producing area that was subject to the terminated lease.
       ``(2) Existing leases.--
       ``(A) In general.--Any lease entered into under any other 
     section of this Act that is in effect on the date of 
     enactment of this section shall terminate at the end of the 
     10-year lease period specified in the lease.
       ``(B) Availability for leasing.--The Secretary shall 
     conduct a new lease sale for any area subject to a lease 
     terminated under subparagraph (A) in accordance with this 
     Act.
       ``(C) Lease requirements.--Any lease issued under a lease 
     sale conducted under subparagraph (B) shall provide that if a 
     lessee fails to initiate development of the oil or gas 
     resources in the area subject to the lease by the date that 
     is 2 years after the date of the issuance of the lease--
       ``(i) the lease shall terminate; and
       ``(ii) the Secretary shall conduct a new lease sale for the 
     area that was subject to the terminated lease.''.

                    TITLE II--ALTERNATIVE RESOURCES

       Subtitle A--Renewable Fuel and Advanced Energy Technology

     SEC. 201. ENERGY INDEPENDENCE TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the 
     ``Energy Independence Trust Fund'' (referred to in this 
     section as the ``Fund''), consisting of such amounts as are 
     deposited in the Fund under section 32(c)(1)(A)(i) of the 
     Outer Continental Shelf Lands Act (as added by section 102).
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to carry out the following:
       (A) Section 609 of the Public Utility Regulatory Policies 
     Act of 1978 (7 U.S.C. 918c).
       (B) Title V of the Toxic Substances Control Act (15 U.S.C. 
     2695 et seq.).
       (C) Sections 211(r), 212, and 329 of the Clean Air Act (42 
     U.S.C. 7545(r), 7546, 7628).
       (D) The following provisions of the Energy Policy and 
     Conservation Act:
       (i) Section 324A (42 U.S.C. 6294a).
       (ii) Section 337(c) (42 U.S.C. 6307(c)).
       (iii) Section 365(f) (42 U.S.C. 6325(f)).
       (iv) Part E of title III (42 U.S.C. 6341 et seq.).
       (v) Section 399A (42 U.S.C. 6371h-1).
       (E) The following provisions of the Energy Policy Act of 
     2005:
       (i) Section 107 (42 U.S.C. 15812).
       (ii) The amendments made by section 123 (119 Stat. 616).
       (iii) Sections 124 through 127 (42 U.S.C. 15821 through 
     15824).
       (iv) The amendments made by section 128 (119 Stat. 619).
       (v) Sections 133 and 134 (42 U.S.C. 15831, 15832).
       (vi) Section 140 (42 U.S.C. 15833).
       (vii) Section 201 (42 U.S.C. 15851).
       (viii) The amendments made by section 202 (119 Stat. 651).
       (ix) The amendments made by section 206 (119 Stat. 654).
       (x) Section 207 (119 Stat. 656).
       (xi) Sections 208 and 210 (42 U.S.C. 15854, 15855).
       (xii) Sections 242 and 243 (42 U.S.C. 15881, 15882).
       (xiii) The amendments made by section 251 (119 Stat. 679).
       (xiv) Section 252 (42 U.S.C. 15891).
       (xv) Sections 706, 712, 721, and 731 (42 U.S.C. 16051, 
     16062, 16071, 16081).
       (xvi) Subtitle C of title VII (42 U.S.C. 16091 et seq.).
       (xvii) Sections 751 and 755 through 758 (42 U.S.C. 16101, 
     16103 through 16106).
       (xviii) Section 771 (119 Stat. 834).
       (xix) Sections 782 and 783 (42 U.S.C. 16122, 16123).
       (xx) Sections 805, 808, 809, and 812 (42 U.S.C. 16154, 
     16157, 16158, 16161).
       (xxi) Sections 911, 917, 921, and 931 (42 U.S.C. 16191, 
     16197, 16211, 16231).
       (xxii) The amendments made by section 941 (119 Stat. 873).
       (xxiii) Sections 942, 944 through 947, and 963 (42 U.S.C. 
     16251, 16253 through 16256, 16293).
       (xxiv) Sections 1510, 1514, and 1516 (42 U.S.C. 16501, 
     16502, 16503).
       (F) The following provisions of the Energy Independence and 
     Security Act of 2007:
       (i) Sections 131 and 135 (42 U.S.C. 17011, 17012).
       (ii) Sections 207, 223, 229, 230, 234, 244, and 246 (42 
     U.S.C. 17022, 17032, 17033, 17034, 17035, 17052, 17053).
       (iii) Section 243 (121 Stat. 1540).
       (iv) Section 411 (42 U.S.C. 6872 note; Public Law 110-140).
       (v) Sections 422, 440, 452, 491, and 495 (42 U.S.C. 17082, 
     17096, 17111, 17121, 17124).
       (vi) Section 501 (121 Stat. 1655).
       (vii) Section 502 (2 U.S.C. 2169).
       (viii) The amendments made by section 505 (121 Stat. 1656).
       (ix) Section 517 (42 U.S.C. 17131).
       (x) Subtitle E of title V (42 U.S.C. 17151 et seq.).
       (xi) Section 602 (42 U.S.C. 17171).
       (xii) Sections 604 through 607 (42 U.S.C. 17172 through 
     17175).
       (xiii) Subtitles B through E of title VI (42 U.S.C. 17191 
     et seq.) (other than section 653).
       (xiv) Sections 703, 705, 707, 708, 711, and 712 (42 U.S.C. 
     17251, 17253, 17255, 17256, 17271, 17272).
       (xv) Sections 805 and 807 (42 U.S.C. 17284, 17286).
       (xvi) Sections 912, 913, 916, 917, 925, and 927 (42 U.S.C. 
     17332, 17333, 17336, 17337, 17355, 17357).
       (G) Section 202.
       (H) Subtitle C.
       (2) Administrative expenses.--An amount not exceeding 5 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this section.
       (c) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.

     SEC. 202. LOAN GUARANTEES FOR RENEWABLE FUEL PIPELINES.

       (a) Definitions.--In this section:
       (1) Cost.--The term ``cost'' has the meaning given the term 
     ``cost of a loan guarantee'' in section 502(5)(C) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)).
       (2) Eligible project.--The term eligible project means a 
     project described in subsection (b)(1).
       (3) Guarantee.--
       (A) In general.--The term ``guarantee'' has the meaning 
     given the term ``loan guarantee'' in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
       (B) Inclusion.--The term ``guarantee'' includes a loan 
     guarantee commitment (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (4) Renewable fuel.--The term ``renewable fuel'' has the 
     meaning given the term in section 211(o)(1) of the Clean Air 
     Act (42 U.S.C. 7545(o)(1)) (as in effect on January 1, 2009).
       (5) Renewable fuel pipeline.--The term ``renewable fuel 
     pipeline'' means a common carrier pipeline for transporting 
     renewable fuel.
       (b) Loan Guarantees.--
       (1) In general.--The Secretary shall make guarantees under 
     this section for projects

[[Page S5622]]

     that provide for the construction of new renewable fuel 
     pipelines.
       (2) Eligibility.--In determining the eligibility of a 
     project for a guarantee under this section, the Secretary 
     shall consider--
       (A) the volume of renewable fuel to be moved by the 
     renewable fuel pipeline;
       (B) the size of the markets to be served by the renewable 
     fuel pipeline;
       (C) the existence of sufficient storage to facilitate 
     access to the markets served by the renewable fuel pipeline;
       (D) the proximity of the renewable fuel pipeline to ethanol 
     production facilities;
       (E) the investment of the entity carrying out the proposed 
     project in terminal infrastructure;
       (F) the experience of the entity carrying out the proposed 
     project in working with renewable fuels;
       (G) the ability of the entity carrying out the proposed 
     project to maintain the quality of the renewable fuel 
     through--
       (i) the terminal system of the entity; and
       (ii) the dedicated pipeline system;
       (H) the ability of the entity carrying out the proposed 
     project to complete the project in a timely manner; and
       (I) the ability of the entity carrying out the proposed 
     project to secure property rights-of-way in order to move the 
     proposed project forward in a timely manner.
       (3) Amount.--Unless otherwise provided by law, a guarantee 
     by the Secretary under this section shall not exceed an 
     amount equal to 90 percent of the eligible project cost of 
     the renewable fuel pipeline that is the subject of the 
     guarantee, as estimated at the time at which the guarantee is 
     issued or subsequently modified while the eligible project is 
     under construction.
       (4) Terms and conditions.--Guarantees under this section 
     shall be provided in accordance with section 1702 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16512), except that 
     subsections (b) and (c) of that section shall not apply to 
     guarantees under this section.
       (5) Existing funding authority.--The Secretary shall make a 
     guarantee under this section under an existing funding 
     authority.
       (6) Final rule.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register a final rule directing the Director of the 
     Department of Energy Loan Guarantee Program Office to 
     initiate the loan guarantee program under this section in 
     accordance with this section.
       (c) Funding.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to provide $4,000,000,000 in 
     guarantees under this section.
       (2) Use of other appropriated funds.--To the extent that 
     the amounts made available under title XVII of the Energy 
     Policy Act of 2005 (42 U.S.C. 16511 et seq.) have not been 
     disbursed to programs under that title, the Secretary may use 
     the amounts to carry out this section.

        Subtitle B--Clean Coal-Derived Fuels for Energy Security

     SEC. 211. DEFINITIONS.

       In this subtitle:
       (1) Clean coal-derived fuel.--
       (A) In general.--The term ``clean coal-derived fuel'' means 
     aviation fuel, motor vehicle fuel, home heating oil, or 
     boiler fuel that is--
       (i) substantially derived from the coal resources of the 
     United States; and
       (ii) refined or otherwise processed at a facility located 
     in the United States that captures--

       (I) at least 50 percent of the carbon dioxide emissions 
     that would otherwise be released at the facility; or
       (II) if the Secretary determines that it is commercially 
     feasible to capture a higher percentage of carbon dioxide 
     emissions, a percentage equal to or greater than the 
     percentage of carbon dioxide emissions determined by the 
     Secretary to be commercially feasible of being captured.

       (B) Inclusions.--The term ``clean coal-derived fuel'' may 
     include any other resource that is extracted, grown, 
     produced, or recovered in the United States.
       (2) Covered fuel.--The term ``covered fuel'' means--
       (A) aviation fuel;
       (B) motor vehicle fuel;
       (C) home heating oil; and
       (D) boiler fuel.
       (3) Small refinery.--The term ``small refinery'' means a 
     refinery for which the average aggregate daily crude oil 
     throughput for a calendar year (as determined by dividing the 
     aggregate throughput for the calendar year by the number of 
     days in the calendar year) does not exceed 75,000 barrels.

     SEC. 212. CLEAN COAL-DERIVED FUEL PROGRAM.

       (a) Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to ensure that covered fuel sold or introduced 
     into commerce in the United States (except in noncontiguous 
     States or territories), on an annual average basis, contains 
     the applicable volume of clean coal-derived fuel determined 
     in accordance with paragraph (4).
       (2) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under paragraph 
     (1)--
       (A) shall contain compliance provisions applicable to 
     refineries, blenders, distributors, and importers, as 
     appropriate, to ensure that--
       (i) the requirements of this subsection are met; and
       (ii) clean coal-derived fuels produced from facilities for 
     the purpose of compliance with this subtitle result in life 
     cycle greenhouse gas emissions that are not greater than 
     gasoline; and
       (B) shall not--
       (i) restrict geographic areas in the contiguous United 
     States in which clean coal-derived fuel may be used; or
       (ii) impose any per-gallon obligation for the use of clean 
     coal-derived fuel.
       (3) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (4) Applicable volume.--
       (A) Calendar years 2015 through 2022.--For the purpose of 
     this subsection, the applicable volume for any of calendar 
     years 2015 through 2022 shall be determined in accordance 
     with the following table:


------------------------------------------------------------------------
                                                       Applicable volume
                                                         of clean coal-
                    Calendar year:                     derived fuel  (in
                                                          billions of
                                                            gallons)
------------------------------------------------------------------------
2015.................................................               .075
2016.................................................                1.5
2017.................................................               2.25
2018.................................................               3.00
2019.................................................               3.75
2020.................................................                4.5
2021.................................................               5.25
2022.................................................                6.0
------------------------------------------------------------------------

       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of this subsection, the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary and the Administrator of the 
     Environmental Protection Agency, based on a review of the 
     implementation of the program during calendar years 2015 
     through 2022, including a review of--
       (i) the impact of clean coal-derived fuels on the energy 
     security of the United States;
       (ii) the expected annual rate of future production of clean 
     coal-derived fuels; and
       (iii) the impact of the use of clean coal-derived fuels on 
     other factors, including job creation, rural economic 
     development, and the environment.
       (C) Minimum applicable volume.--For the purpose of this 
     subsection, the applicable volume for calendar year 2023 and 
     each calendar year thereafter shall be equal to the product 
     obtained by multiplying--
       (i) the number of gallons of covered fuel that the 
     President estimates will be sold or introduced into commerce 
     in the calendar year; and
       (ii) the ratio that--

       (I) 6,000,000,000 gallons of clean coal-derived fuel; bears 
     to
       (II) the number of gallons of covered fuel sold or 
     introduced into commerce in calendar year 2022.

       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of certain fuel 
     sales.--Not later than October 31 of each of calendar years 
     2015 through 2021, the Administrator of the Energy 
     Information Administration shall provide to the President an 
     estimate, with respect to the following calendar year, of the 
     volumes of covered fuel projected to be sold or introduced 
     into commerce in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2015 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the clean coal-derived fuel 
     obligation that ensures that the requirements of subsection 
     (a) are met.
       (B) Required elements.--The clean coal-derived fuel 
     obligation determined for a calendar year under subparagraph 
     (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     covered fuel sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of clean coal-derived fuel 
     during the previous calendar year by small refineries that 
     are exempt under subsection (f).
       (c) Volume Conversion Factors for Clean Coal-Derived Fuels 
     Based on Energy Content.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of clean 
     coal-derived fuel for the purpose of satisfying the fuel 
     volume requirements of subsection (a)(4) in accordance with 
     this subsection.
       (2) Energy content relative to diesel fuel.--For clean 
     coal-derived fuels, 1 gallon

[[Page S5623]]

     of the clean coal-derived fuel shall be considered to be the 
     equivalent of 1 gallon of diesel fuel multiplied by the ratio 
     that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the clean coal-derived fuel 
     (as measured under conditions determined by the Secretary); 
     bears to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of diesel fuel (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, shall implement a credit program to manage 
     the clean coal-derived fuel requirement of this section in a 
     manner consistent with the credit program established by the 
     amendment made by section 1501(a)(2) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 1067).
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers.
       (e) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, may waive the requirements of subsection 
     (a) in whole or in part on petition by 1 or more States by 
     reducing the national quantity of clean coal-derived fuel 
     required under subsection (a), based on a determination by 
     the President (after public notice and opportunity for 
     comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     clean coal-derived fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary and the Administrator of the Environmental 
     Protection Agency, shall approve or disapprove a State 
     petition for a waiver of the requirements of subsection (a) 
     within 90 days after the date on which the petition is 
     received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the President after consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency.
       (f) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to small refineries until calendar year 2018.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2013, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (g) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (h) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on 
     January 1, 2016.

                       Subtitle C--Nuclear Energy

     SEC. 221. INCENTIVES FOR INNOVATIVE TECHNOLOGIES.

       (a) Definition of Project Cost.--Section 1701 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at 
     the end the following:
       ``(6) Project cost.--
       ``(A) In general.--The term `project cost' means any cost 
     associated with the development, planning, design, 
     engineering, permitting and licensing, construction, 
     commissioning, start-up, shakedown, and financing of a 
     facility.
       ``(B) Inclusions.--The term `project cost' includes--
       ``(i) reasonable escalation and contingencies;
       ``(ii) the cost of and fees for a guarantee;
       ``(iii) reasonably required reserve funds;
       ``(iv) initial working capital; and
       ``(v) interest accrued during construction.''.
       (b) Terms and Conditions; Amount.--Section 1702 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by 
     striking subsections (b) and (c) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) the Secretary has received from the borrower and 
     deposited in the Treasury a payment in full for the cost of 
     the obligation;
       ``(B) an appropriation for the cost has been made in lieu 
     of a payment being made; or
       ``(C) a combination of actions described in subparagraphs 
     (A) and (B) has been carried out such that, when combined, 
     the actions are sufficient to cover the cost of the 
     obligation.
       ``(2) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan guarantee made in accordance with 
     paragraph (1)(B).
       ``(c) Amount.---
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee 100 percent of the obligation for a facility 
     that is the subject of the guarantee, or a lesser amount if 
     requested by the borrower.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (c) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury, to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.
       (d) Report to Congress.--Section 1702 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512) is amended by adding at the end 
     the following:
       ``(k) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection and annually thereafter, the 
     Secretary shall submit to Congress a report that summarizes 
     the applications for loan guarantees received, loan 
     guarantees approved and rejected, and justifications for 
     rejections of loan guarantees, under this title.
       ``(2) Termination of authority.--Beginning with fiscal year 
     2018, the Secretary shall provide, in the annual report 
     submitted for each fiscal year under paragraph (1), a 
     recommendation on whether all or part of the loan guarantee 
     program under this title should be terminated.''.

     SEC. 222. AUTHORIZATION FOR NUCLEAR POWER 2010 PROGRAM.

       Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 
     16272) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Nuclear Power 2010 Program.--
       ``(1) In general.--The Secretary shall carry out a Nuclear 
     Power 2010 Program to position the United States to commence 
     construction of new nuclear power plants by not later than--
       ``(A) calendar year 2010; or
       ``(B) such first calendar year after calendar year 2010 as 
     is practicable.
       ``(2) Scope of program.--The Nuclear Power 2010 Program 
     shall support the objectives of--
       ``(A) demonstrating the licensing process for new nuclear 
     power plants, including the

[[Page S5624]]

     Nuclear Regulatory Commission process for obtaining--
       ``(i) early site permits;
       ``(ii) combined construction or operating licenses; and
       ``(iii) design certifications; and
       ``(B) conducting first-of-a-kind design and engineering 
     work on at least 2 advanced nuclear reactor designs 
     sufficient to bring those designs to a state of design 
     completion sufficient to allow development of firm cost 
     estimates.
       ``(3) Cost-sharing.--The Nuclear Power 2010 Program shall 
     be carried out through the use of cost-sharing with the 
     private sector.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the Nuclear Power 2010 Program--
       ``(A) $182,800,000 for fiscal year 2009;
       ``(B) $159,600,000 for fiscal year 2010;
       ``(C) $135,600,000 for fiscal year 2011;
       ``(D) $46,900,000 for fiscal year 2012; and
       ``(E) $2,200,000 for fiscal year 2013.''.

     SEC. 223. DOMESTIC MANUFACTURING BASE FOR NUCLEAR COMPONENTS 
                   AND EQUIPMENT.

       (a) Establishment of Interagency Working Group.--
       (1) Purposes.--The purposes of this section are--
       (A) to increase the competitiveness of the United States 
     nuclear energy products and services industries;
       (B) to identify the stimulus or incentives necessary to 
     cause United States manufacturers of nuclear energy products 
     to expand manufacturing capacity;
       (C) to facilitate the export of United States nuclear 
     energy products and services;
       (D) to reduce the trade deficit of the United States 
     through the export of United States nuclear energy products 
     and services;
       (E) to retain and create nuclear energy manufacturing and 
     related service jobs in the United States;
       (F) to integrate the objectives described in subparagraphs 
     (A) through (E), in a manner consistent with the interests of 
     the United States, into the foreign policy of the United 
     States; and
       (G) to authorize funds for increasing United States 
     capacity to manufacture nuclear energy products and supply 
     nuclear energy services.
       (2) Establishment.--
       (A) In general.--There is established an interagency 
     working group (referred to in this section as the ``Working 
     Group'') that, in consultation with representative industry 
     organizations and manufacturers of nuclear energy products, 
     shall make recommendations to coordinate the actions and 
     programs of the Federal Government in order to promote 
     increasing domestic manufacturing capacity and export of 
     domestic nuclear energy products and services.
       (B) Composition.--The Working Group shall be composed of--
       (i) the Secretary (or a designee), who shall serve as 
     Chairperson of the Working Group; and
       (ii) representatives, appointed by the head of each 
     applicable agency or department, of--

       (I) the Department of Energy;
       (II) the Department of Commerce;
       (III) the Department of Defense;
       (IV) the Department of Treasury;
       (V) the Department of State;
       (VI) the Environmental Protection Agency;
       (VII) the United States Agency for International 
     Development;
       (VIII) the Export-Import Bank of the United States;
       (IX) the Trade and Development Agency;
       (X) the Small Business Administration;
       (XI) the Office of the United States Trade Representative; 
     and
       (XII) other Federal agencies, as determined by the 
     President.

       (3) Duties of working group.--The Working Group shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, identify the actions necessary to promote the safe 
     development and application in foreign countries of nuclear 
     energy products and services--
       (i) to increase electricity generation from nuclear energy 
     sources through development of new generation facilities;
       (ii) to improve the efficiency, safety, and reliability of 
     existing nuclear generating facilities through modifications; 
     and
       (iii) enhance the safe treatment, handling, storage, and 
     disposal of used nuclear fuel;
       (B) not later than 180 days after the date of enactment of 
     this Act, identify--
       (i) mechanisms (including tax stimuli for investment, loans 
     and loan guarantees, and grants) necessary for United States 
     companies to increase--

       (I) the capacity of the companies to produce or provide 
     nuclear energy products and services; and
       (II) exports of nuclear energy products and services; and

       (ii) administrative or legislative initiatives that are 
     necessary--

       (I) to encourage United States companies to increase the 
     manufacturing capacity of the companies for nuclear energy 
     products;
       (II) to provide technical and financial assistance and 
     support to small and mid-sized businesses to establish 
     quality assurance programs in accordance with domestic and 
     international nuclear quality assurance code requirements;
       (III) to encourage, through financial incentives, private 
     sector capital investment to expand manufacturing capacity; 
     and
       (IV) to provide technical assistance and financial 
     incentives to small and mid-sized businesses to develop the 
     workforce necessary to increase manufacturing capacity and 
     meet domestic and international nuclear quality assurance 
     code requirements;

       (C) not later than 270 days after the date of enactment of 
     this Act, submit to Congress a report that describes the 
     findings of the Working Group under subparagraphs (A) and (B 
     ), including recommendations for new legislative authority, 
     as necessary; and
       (D) encourage the agencies represented by membership in the 
     Working Group--
       (i) to provide technical training and education for 
     international development personnel and local users in other 
     countries;
       (ii) to provide financial and technical assistance to 
     nonprofit institutions that support the marketing and export 
     efforts of domestic companies that provide nuclear energy 
     products and services;
       (iii) to develop nuclear energy projects in foreign 
     countries;
       (iv) to provide technical assistance and training materials 
     to loan officers of the World Bank, international lending 
     institutions, commercial and energy attaches at embassies of 
     the United States, and other appropriate personnel in order 
     to provide information about nuclear energy products and 
     services to foreign governments or other potential project 
     sponsors;
       (v) to support, through financial incentives, private 
     sector efforts to commercialize and export nuclear energy 
     products and services in accordance with the subsidy codes of 
     the World Trade Organization; and
       (vi) to augment budgets for trade and development programs 
     in order to support prefeasibility or feasibility studies for 
     projects that use nuclear energy products and services.
       (4) Personnel and service matters.--The Secretary and the 
     heads of agencies represented by membership in the Working 
     Group shall detail such personnel and furnish such services 
     to the Working Group, with or without reimbursement, as are 
     necessary to carry out the functions of the Working Group.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $20,000,000 for each of fiscal years 2009 and 
     2010.
       (b) Credit for Qualifying Nuclear Power Manufacturing.--
       (1) Credit for qualifying nuclear power manufacturing.--
     Subpart E of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code is amended by inserting after section 
     48B the following new section:

     ``SEC. 48C. QUALIFYING NUCLEAR POWER MANUFACTURING CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying nuclear power manufacturing credit for any taxable 
     year is an amount equal to 20 percent of the qualified 
     investment for such taxable year.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year--
       ``(A) which is either part of a qualifying nuclear power 
     manufacturing project or is qualifying nuclear power 
     manufacturing equipment;
       ``(B)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer; or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer;
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable; and
       ``(D) which is placed in service on or before December 31, 
     2015.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to section 48(a)(4) shall apply for purposes of this 
     section.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Qualifying nuclear power manufacturing project.--The 
     term `qualifying nuclear power manufacturing project' means 
     any project which is designed primarily to enable the 
     taxpayer to produce or test equipment necessary for the 
     construction or operation of a nuclear power plant.
       ``(2) Qualifying nuclear power manufacturing equipment.--
     The term `qualifying nuclear power manufacturing equipment' 
     means machine tools and other similar equipment, including 
     computers and other peripheral equipment, acquired or 
     constructed primarily to enable the taxpayer to produce or 
     test equipment necessary for the construction or operation of 
     a nuclear power plant.
       ``(3) Project.--The term `project' includes any building 
     constructed to house qualifying nuclear power manufacturing 
     equipment.''.
       (2) Conforming amendments.--
       (A) Additional investment credit.--Section 46 of such Code 
     is amended by--
       (i) striking ``and'' at the end of paragraph (3);
       (ii) striking the period at the end of paragraph (4) and 
     inserting ``, and''; and

[[Page S5625]]

       (iii) inserting after paragraph (4) the following new 
     paragraph:
       ``(5) the qualifying nuclear power manufacturing credit.''.
       (B) Application of section 49.--Subparagraph (C) of section 
     49(a)(1) of such Code is amended by--
       (i) striking ``and'' at the end of clause (iii);
       (ii) striking the period at the end of clause (iv) and 
     inserting ``, and''; and
       (iii) inserting after clause (iv) the following new clause:
       ``(v) the basis of any property which is part of a 
     qualifying nuclear power equipment manufacturing project 
     under section 48C.''.
       (C) Table of sections.--The table of sections for such 
     subpart E is amended by inserting after the item relating to 
     section 48B the following new item:

``Sec. 48C. Qualifying nuclear power manufacturing credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property--
       (1) the construction, reconstruction, or erection of which 
     of began after the date of enactment of this Act, or
       (2) which was acquired by the taxpayer on or after the date 
     of enactment of this Act and not pursuant to a binding 
     contract which was in effect on the day prior to the date of 
     enactment.

     SEC. 224. NUCLEAR ENERGY WORKFORCE.

       Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 
     16411) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Workforce Training.--
       ``(1) In general.--The Secretary of Labor, in cooperation 
     with the Secretary of Energy, shall promulgate regulations to 
     implement a program to provide workforce training to meet the 
     high demand for workers skilled in the nuclear utility and 
     nuclear energy products and services industries.
       ``(2) Consultation.--In carrying out this subsection, the 
     Secretary of Labor shall consult with representatives of the 
     nuclear utility and nuclear energy products and services 
     industries, and organized labor, concerning skills that are 
     needed in those industries.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Labor, in 
     coordination with the Secretary of Education and the 
     Secretary of Energy, to carry out this subsection $20,000,000 
     for each of fiscal years 2009 through 2012.''.

     SEC. 225. INVESTMENT TAX CREDIT FOR INVESTMENTS IN NUCLEAR 
                   POWER FACILITIES.

       (a) New Credit for Nuclear Power Facilities.--Section 46 of 
     the Internal Revenue Code of 1986, as amended by this title, 
     is amended by--
       (1) striking ``and'' at the end of paragraph (4);
       (2) striking the period at the end of paragraph (5) and 
     inserting ``, and''; and
       (3) inserting after paragraph (5) the following new 
     paragraph:
       ``(5) the nuclear power facility construction credit.''.
       (b) Nuclear Power Facility Construction Credit.--Subpart E 
     of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986, as amended by this title, is amended by 
     inserting after section 48C the following new section:

     ``SEC. 48D. NUCLEAR POWER FACILITY CONSTRUCTION CREDIT.

       ``(a) In General.--For purposes of section 46, the nuclear 
     power facility construction credit for any taxable year is 10 
     percent of the qualified nuclear power facility expenditures 
     with respect to a qualified nuclear power facility.
       ``(b) When Expenditures Taken Into Account.--
       ``(1) In general.--Qualified nuclear power facility 
     expenditures shall be taken into account for the taxable year 
     in which the qualified nuclear power facility is placed in 
     service.
       ``(2) Coordination with subsection (c).--The amount which 
     would (but for this paragraph) be taken into account under 
     paragraph (1) with respect to any qualified nuclear power 
     facility shall be reduced (but not below zero) by any amount 
     of qualified nuclear power facility expenditures taken into 
     account under subsection (c) by the taxpayer or a predecessor 
     of the taxpayer (or, in the case of a sale and leaseback 
     described in section 50(a)(2)(C), by the lessee), to the 
     extent any amount so taken into account has not been required 
     to be recaptured under section 50(a).
       ``(c) Progress Expenditures.--
       ``(1) In general.--A taxpayer may elect to take into 
     account qualified nuclear power facility expenditures-
       ``(A) Self-constructed property.--In the case of a 
     qualified nuclear power facility which is a self-constructed 
     facility, in the taxable year for which such expenditures are 
     properly chargeable to capital account with respect to such 
     facility; and
       ``(B) Acquired facility.--In the case of a qualified 
     nuclear facility which is not self-constructed property, in 
     the taxable year in which such expenditures are paid.
       ``(2) Special rules for applying paragraph (1).--For 
     purposes of paragraph (1)-
       ``(A) Component parts, etc.--Property which is not self-
     constructed property and which is to be a component part of, 
     or is otherwise to be included in, any facility to which this 
     subsection applies shall be taken into account in accordance 
     with paragraph (1)(B);
       ``(B) Certain borrowing disregarded.--Any amount borrowed 
     directly or indirectly by the taxpayer on a nonrecourse basis 
     from the person constructing the facility for the taxpayer 
     shall not be treated as an amount expended for such facility; 
     and
       ``(C) Limitation for facilities or components which are not 
     self-constructed.--
       ``(i) In general.--In the case of a facility or a component 
     of a facility which is not self-constructed, the amount taken 
     into account under paragraph (1)(B) for any taxable year 
     shall not exceed the amount which represents the portion of 
     the overall cost to the taxpayer of the facility or component 
     of a facility which is properly attributable to the portion 
     of the facility or component which is completed during such 
     taxable year.
       ``(ii) Carry-over of certain amounts.--In the case of a 
     facility or component of a facility which is not self-
     constructed, if for the taxable year--

       ``(I) the amount which (but for clause (i)) would have been 
     taken into account under paragraph (1)(B) exceeds the 
     limitation of clause (i), then the amount of such excess 
     shall be taken into account under paragraph (1)(B) for the 
     succeeding taxable year; or
       ``(II) the limitation of clause (i) exceeds the amount 
     taken into account under paragraph (1)(B), then the amount of 
     such excess shall increase the limitation of clause (i) for 
     the succeeding taxable year.

       ``(D) Determination of percentage of completion.--The 
     determination under subparagraph (C)(i) of the portion of the 
     overall cost to the taxpayer of the construction which is 
     properly attributable to construction completed during any 
     taxable year shall be made on the basis of engineering or 
     architectural estimates or on the basis of cost accounting 
     records. Unless the taxpayer establishes otherwise by clear 
     and convincing evidence, the construction shall be deemed to 
     be completed not more rapidly than ratably over the normal 
     construction period.
       ``(E) No progress expenditures for certain prior periods.--
     No qualified nuclear facility expenditures shall be taken 
     into account under this subsection for any period before the 
     first day of the first taxable year to which an election 
     under this subsection applies.
       ``(F) No progress expenditures for property for year it is 
     placed in service, etc.--In the case of any qualified nuclear 
     facility, no qualified nuclear facility expenditures shall be 
     taken into account under this subsection for the earlier of--
       ``(i) the taxable year in which the facility is placed in 
     service; or
       ``(ii) the first taxable year for which recapture is 
     required under section 50(a)(2) with respect to such 
     facility, or for any taxable year thereafter.
       ``(3) Self-constructed.--For purposes of this subsection-
       ``(A) The term `self-constructed facility' means any 
     facility if it is reasonable to believe that more than half 
     of the qualified nuclear facility expenditures for such 
     facility will be made directly by the taxpayer.
       ``(B) A component of a facility shall be treated as not 
     self-constructed if the cost of the component is at least 5 
     percent of the expected cost of the facility and the 
     component is acquired by the taxpayer.
       ``(4) Election.--An election shall be made under this 
     section for a qualified nuclear power facility by claiming 
     the nuclear power facility construction credit for 
     expenditures described in paragraph (1) on a tax return filed 
     by the due date for such return (taking into account 
     extensions). Such an election shall apply to the taxable year 
     for which made and all subsequent taxable years. Such an 
     election, once made, may be revoked only with the consent of 
     the Secretary.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section-
       ``(1) Qualified nuclear power facility.--The term 
     `qualified nuclear power facility' means an advanced nuclear 
     power facility, as defined in section 45J, the construction 
     of which was approved by the Nuclear Regulatory Commission on 
     or before December 31, 2013.
       ``(2) Qualified nuclear power facility expenditures.--
       ``(A) In general.--The term `qualified nuclear power 
     facility expenditures' means any amount properly chargeable 
     to capital account--
       ``(i) with respect to a qualified nuclear power facility;
       ``(ii) for which depreciation is allowable under section 
     168; and
       ``(iii) which are incurred before the qualified nuclear 
     power facility is placed in service or in connection with the 
     placement of such facility in service.
       ``(B) Pre-effective date expenditures.--Qualified nuclear 
     power facility expenditures do not include any expenditures 
     incurred by the taxpayer before January 1, 2007, unless such 
     expenditures constitute less than 20 percent of the total 
     qualified nuclear power facility expenditures (determined 
     without regard to this subparagraph) for the qualified 
     nuclear power facility.
       ``(3) Delays and suspension of construction.--
       ``(A) In general.--For purposes of applying this section 
     and section 50, a nuclear power facility that is under 
     construction shall cease to be treated as a facility that 
     will be a qualified nuclear power facility as of the earlier 
     of--
       ``(i) the date on which the taxpayer decides to terminate 
     construction of the facility; or

[[Page S5626]]

       ``(ii) the last day of any 24 month period in which the 
     taxpayer has failed to incur qualified nuclear power facility 
     expenditures totaling at least 20 percent of the expected 
     total cost of the nuclear power facility.
       ``(B) Authority to waive.--The Secretary may waive the 
     application of clause (ii) of subparagraph (A) if the 
     Secretary determines that the taxpayer intended to continue 
     the construction of the qualified nuclear power facility and 
     the expenditures were not incurred for reasons outside the 
     control of the taxpayer.
       ``(C) Resumption of construction.--If a nuclear power 
     facility that is under construction ceases to be a qualified 
     nuclear power facility by reason of paragraph (2) and work is 
     subsequently resumed on the construction of such facility--
       ``(i) the date work is subsequently resumed shall be 
     treated as the date that construction began for purposes of 
     paragraph (1); and
       ``(ii) if the facility is a qualified nuclear power 
     facility, the qualified nuclear power facility expenditures 
     shall be determined without regard to any delay or temporary 
     termination of construction of the facility.''.
       (c) Provisions Relating to Credit Recapture.--
       (1) Progress expenditure recapture rules.--
       (A) Basic rules.--Subparagraph (A) of section 50(a)(2) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(A) In general.--If during any taxable year any building 
     to which section 47(d) applied or any facility to which 
     section 48D(c) applied ceases (by reason of sale or other 
     disposition, cancellation or abandonment of contract, or 
     otherwise) to be, with respect to the taxpayer, property 
     which, when placed in service, will be a qualified 
     rehabilitated building or a qualified nuclear power facility, 
     then the tax under this chapter for such taxable year shall 
     be increased by an amount equal to the aggregate decrease in 
     the credits allowed under section 38 for all prior taxable 
     years which would have resulted solely from reducing to zero 
     the credit determined under this subpart with respect to such 
     building or facility.''.
       (B) Amendment to excess credit recapture rule.--
     Subparagraph (B) of section 50(a)(2) of such Code is amended 
     by--
       (i) inserting ``or paragraph (2) of section 48D(b)'' after 
     ``paragraph (2) of section 47(b)'';
       (ii) inserting ``or section 48D(b)(1)'' after ``section 
     47(b)(1)''; and
       (iii) inserting ``or facility'' after ``building''.
       (C) Amendment of sale and leaseback rule.--Subparagraph (C) 
     of section 50(a)(2) of such Code is amended by--
       (i) inserting ``or section 48D(c)'' after ``section 
     47(d)''; and
       (ii) inserting ``or qualified nuclear power facility 
     expenditures'' after ``qualified rehabilitation 
     expenditures''.
       (D) Other amendment.--Subparagraph (D) of section 50(a)(2) 
     of such Code is amended by inserting ``or section 48D(c)'' 
     after ``section 47(d)''.
       (d) No Basis Adjustment.--Section 50(c) of the Internal 
     Revenue Code of 1986 is amended by inserting at the end 
     thereof the following new paragraph:
       ``(6) Nuclear power facility construction credit.--
     Paragraphs (1) and (2) shall not apply to the nuclear power 
     facility construction credit.''.
       (e) Technical Amendments.--The table of sections for 
     subpart E of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986, as amended by this subtitle, 
     is amended by inserting after the item relating to section 
     48C the following new item:

``Sec. 48D. Nuclear power facility construction credit.''.
       (f) Effective Date.--The amendments made by this section 
     shall be effective for expenditures incurred and property 
     placed in service in taxable years beginning after the date 
     of enactment of this Act.
                                 ______
                                 
      By Mr. KYL:
  S. 3128. A bill to direct the Secretary of the Interior to provide a 
loan to the White Mountain Apache Tribe for use in planning, 
engineering, and designing a certain water system project; to the 
Committee on Indian Affairs.
  Mr. KYL. Mr. President, today I am pleased to introduce the White 
Mountain Apache Tribe Rural Water System Loan Authorization Act. This 
legislation would authorize a Federal loan to the White Mountain Apache 
Tribe for the planning, engineering, and design of a dam and reservoir, 
which will be used to provide drinking water to the tribe.
  The White Mountain Apache Tribe, which is located on the Fort Apache 
Indian Reservation in eastern Arizona, has approximately 15,000 
members. The majority of the reservation's residents are currently 
served by a relative small well field. According to the tribe, well 
production has significantly decreased over the last few years, leading 
to summer drinking water shortages.
  A small rural development funded diversion project on the North Fork 
of the White River on the tribe's reservation is planned for 
construction this year. The tribe indicates that when the project is 
completed it will replace most of the lost production from the existing 
well field, but will not produce enough water to meet the demand of the 
tribe's growing population. Consequently, in order to meet the basic 
drinking water needs of the tribe, a longer-term solution is needed. 
The most likely and best solution is a relatively small dam and 
reservoir located on the tribe's reservation--the Miner Flat Dam.
  The legislation I am introducing today would authorize the Secretary 
of the Interior to provide a Federal loan to the tribe for the 
planning, engineering, and design of the Miner Flat Dam. A portion of 
the funds set aside in the Arizona Water Settlements Act for future 
Arizona Indian water settlements would be used to repay the loan. 
Although Congress specifically set aside money in the Arizona Water 
Settlements Act for this purpose, the money will not be available until 
2013. If the tribe were to wait until then to access these funds, the 
cost of Miner Flat Dam would increase $5 million to $7 million a year. 
Therefore, providing a loan to the tribe to expedite the planning of 
the dam would ultimately decrease the project's costs.
  Any Federal funding for the actual construction of the project would 
be conditioned on the settlement of the tribe's water rights claims, 
which would have to be confirmed by Congress. The tribe is in the 
process of settling its water claims in the State of Arizona, and it is 
my understanding that the parties involved in negotiating the tribe's 
water claims will likely reach a settlement with the tribe this summer. 
Once the parties reach an agreement, I intend to introduce legislation 
confirming their settlement.
  The legislation I am introducing today would bring the tribe one step 
closer to having a reliable source of drinking water. Consequently, I 
urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3128

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``White Mountain Apache Tribe 
     Rural Water System Loan Authorization Act''.

     SEC. 2. DEFINITIONS.

       (a) Miner Flat Project.--The term ``Miner Flat Project'' 
     means the White Mountain Apache Rural Water System, comprised 
     of the Miner Flat Dam and associated domestic water supply 
     components, as described in the project extension report 
     dated February 2007.
       (b) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation (or any other designee of the Secretary).
       (c) Tribe.--The term ``Tribe'' means the White Mountain 
     Apache Tribe, a federally recognized Indian tribe organized 
     pursuant to section 16 of the Indian Reorganization Act of 
     1934 (25 U.S.C. 476 et seq.).

     SEC. 3. MINER FLAT PROJECT LOAN.

       (a) Loan.--Subject to the condition that the Tribe and the 
     Secretary have executed a cooperative agreement under section 
     4(a), not later than 90 days after the date of enactment of 
     this Act, the Secretary shall provide to the Tribe a loan in 
     an amount equal to $9,800,000, adjusted, as appropriate, 
     based on ordinary fluctuations in engineering cost indices 
     applicable to the Miner Flat Project during the period 
     beginning on October 1, 2007, and ending on the date on which 
     the loan is provided, as determined by the Secretary, to 
     carry out planning, engineering, and design of the Miner Flat 
     Project in accordance with section 4.
       (b) Terms and Conditions of Loan.--
       (1) Interest; term.--The loan provided under subsection (a) 
     shall--
       (A) be at a rate of interest of 0 percent; and
       (B) be repaid over a term of 10 years, beginning on January 
     1, 2013.
       (2) Funds for repayment.--
       (A) In general.--For each of fiscal years 2013 and 2014, in 
     lieu of direct repayment by the Tribe of the loan provided 
     under subsection (a), the amount described in subparagraph 
     (B) shall be credited toward repayment of the loan.
       (B) Description of amount.--The amount referred to in 
     subparagraph (A) is a portion of the funds in the Lower 
     Colorado River Development Fund pursuant to section 
     403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 
     U.S.C. 1543(f)(2)(D)(vi)) equal to--
       (i) for fiscal year 2013, 50 percent of the outstanding 
     balance of the loan under subsection (a) as of October 1, 
     2012; and
       (ii) for fiscal year 2014, the remaining balance of the 
     loan as of October 1, 2013.

[[Page S5627]]

       (c) Administration.--Subject to section 4, the Secretary 
     shall administer the planning, engineering, and design of the 
     Miner Flat Project.

     SEC. 4. PLANNING, ENGINEERING, AND DESIGN.

       (a) Cooperative Agreement.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into a cooperative agreement with the Tribe for the planning, 
     engineering, and design of the Miner Flat Project in 
     accordance with this Act.
       (2) Mandatory provisions.--A cooperative agreement under 
     paragraph (1) shall specify, in a manner that is acceptable 
     to the Secretary and the Tribe, the rights, responsibilities, 
     and liabilities of each party to the agreement.
       (b) Applicability of Indian Self-Determination and 
     Education Assistance Act.--Each activity for the planning, 
     engineering, or design, of the Miner Flat Project shall be 
     subject to the requirements of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. LEVIN (for himself, Mrs. Feinstein, Mr. Durbin, Mr. 
        Dorgan, and Mr. Bingaman):
  S. 3129. A bill to amend the Commodity Exchange Act to prevent price 
manipulation and excessive speculation and to increase transparency 
with respect to energy trading on foreign exchanges conducted within 
the United States; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. LEVIN. Mr. President, today I am introducing, along with Senators 
Feinstein, Durbin, and Dorgan, the Close the London Loophole Act. This 
legislation would ensure that the Commodity Futures Trading Commission, 
CFTC, has the same authority to detect, prevent, and punish 
manipulation and excessive speculation for traders in the United States 
who trade crude U.S. oil or other energy commodities on foreign 
commodity exchanges as the CFTC has for traders who trade on U.S. 
exchanges.
  Today, U.S. crude oil and gasoline futures are traded primarily on 
exchanges in New York and London. While the CFTC--our cop on the beat--
has clear authority to go after trading abuses on the New York 
exchange, its authority is less clear when it comes to U.S. energy 
commodities traded on the London exchange. The bill we are introducing 
today would close the London loophole by ensuring the CFTC has all the 
information and authority it needs to stop price manipulation or 
excessive speculation involving U.S. energy trades on foreign 
exchanges.
  Under current law, the CFTC obtains the information it needs to 
detect price manipulation and excessive speculation involving U.S. 
energy trades on foreign exchanges only through voluntary data-sharing 
agreements it arranges with the relevant foreign regulators. In many 
instances, the CFTC can take action against a U.S. trader on a foreign 
exchange to prevent manipulation or excessive speculation only with the 
cooperation and consent of the foreign regulator.
  Our bill would strengthen CFTC oversight by providing the CFTC with 
clear legal authority, as well as a clear legal obligation, to obtain 
trading data from foreign exchanges operating in the United States 
through direct trading terminals. In addition, the bill would enable 
the CFTC to act on its own authority and initiative to prevent 
manipulation or excessive speculation by U.S. traders directing trades 
through foreign exchanges. This new authority would ensure that our own 
government has the information and ability to protect American markets 
from manipulation and excessive speculation, no matter where U.S. 
energy commodities are traded. U.S. traders will no longer be able to 
avoid the cop on the beat by routing their trades through a foreign 
exchange.
  This legislation would complement a recent legislative initiative I 
have long worked on to ensure that U.S. commodity markets are free from 
manipulation and excessive speculation. Last month the Congress passed, 
over the President's veto, legislation to close the Enron loophole. 
This loophole, enacted into law in 2000 at the behest of Enron and 
other commodity traders, had allowed large traders to buy and sell 
energy commodities on U.S. electronic markets without CFTC oversight. 
The legislation passed last month as part of the farm bill gave the 
CFTC the authority and mandate to police U.S. electronic exchanges to 
stop price manipulation and excessive speculation. No longer will these 
electronic commodity exchanges be able to operate in the dark, as they 
had under the Enron loophole.

  Closing the Enron loophole is a major advance in U.S. energy market 
oversight as a whole, and for our natural gas markets in particular, 
but it is not enough. Because over the last two years, energy traders 
have begun trading U.S. crude oil, gasoline, and home heating oil on 
the London exchange, beyond the direct reach of U.S. regulators, we 
have to address that second loophole too. I call it closing the London 
loophole.
  There are currently two key energy commodity markets for U.S. crude 
oil, gasoline, and heating oil trading. The first is the New York 
Mercantile Exchange or NYMEX, located in New York City. The second is 
the ICE Futures Europe exchange, located in London and regulated by the 
British agency called the Financial Services Authority.
  British regulators do not oversee their energy markets the same way 
we do. They don't place limits on speculation like we do, they don't 
monitor trader positions like we do, and they do not require the same 
type of data to be reported to regulatory authorities. That means that 
traders can avoid U.S. crude oil speculation limits on the New York 
exchange by trading on the London exchange. It also makes the London 
exchange less transparent than the New York exchange. The legislation I 
introduced last year to close the Enron loophole would have required 
U.S. traders on the London exchange to provide U.S. regulators with the 
same type of trading information that they are already required to 
provide when they trade on the New York Mercantile Exchange. 
Unfortunately, this provision was dropped from the close-the-Enron-
loophole legislation in the farm bill.
  The Consumer-First Energy Act, S. 3044, which the Majority Leader and 
others introduced recently to address high prices and reduce 
speculation, included at my request a provision to curb rampant 
speculation, increase our access to foreign exchange trading data, and 
strengthen oversight of the trading of U.S. energy commodities no 
matter where that trading occurs. This provision would require the 
CFTC, prior to allowing a foreign exchange to establish direct trading 
terminals located in this country, to obtain an agreement from that 
foreign exchange to impose speculative limits and reporting 
requirements on traders of U.S. energy commodities comparable to the 
requirements imposed by the CFTC on U.S. exchanges. This issue is so 
important that I introduced this section of the package as a separate 
bill, S. 2995, along with Senator Feinstein.
  Following the introduction of our legislation, the CFTC finally moved 
to address some of the gaps in its ability to oversee foreign exchanges 
operating in the United States. Specifically, the CFTC, working with 
the United Kingdom Financial Services Authority and the ICE Futures 
Europe exchange, announced that it will now obtain the following 
information about the trading of U.S. crude oil contracts on the London 
exchange: daily large trader reports on positions in West Texas 
Intermediate or WTI contracts traded on the London exchange; 
information on those large trader positions for all futures contracts, 
not just a limited set of contracts due to expire in the near future; 
enhanced trader information to permit more detailed identification of 
end users; improved data formatting to facilitate integration of the 
data with other CFTC data systems; and notification to the CFTC of when 
a trader on ICE Futures Europe exceeds the position accountability 
levels established by NYMEX for the trading of WTI crude oil contracts.

  These new steps will strengthen the CFTC's ability to detect and 
prevent manipulation and excessive speculation in the oil and gasoline 
markets. It will ensure that the CFTC has the same type of information 
it receives from U.S. exchanges in order to detect and prevent 
manipulation and excessive speculation on the London exchange.
  However, in order to fully close the London loophole, better 
information is not enough. The CFTC must also have clear authority to 
act upon this information to stop manipulation and excessive 
speculation.

[[Page S5628]]

  That is why I have been working with the sponsors of the Consumer-
First Energy Act to develop additional language to ensure that the CFTC 
has the authority to act upon the information obtained from the London 
exchange to prevent price manipulation and excessive speculation. This 
new provision would make it clear that the CFTC has the authority to 
prosecute and punish manipulation of the price of a commodity, 
regardless of whether the trader within the United States is trading on 
a U.S. or on a foreign exchange. It would also make it clear that the 
CFTC has the authority to require traders in the United States to 
reduce their positions, no matter where the trading occurs--on a U.S. 
or foreign exchange--to prevent price manipulation or excessive 
speculation in U.S. commodities. Finally, it would clarify that the 
CFTC has the authority to require all U.S. traders to keep records of 
their trades, regardless of which exchange the trader is using.
  This new provision is included in the bill we are introducing today. 
I hope that it will also be included in the Consumer-First Energy Act 
when Senate debate is allowed to go forward on that bill.
  In closing the London loophole, we will ensure there is a cop on the 
beat for all U.S. energy commodity traders, no matter whether they are 
trading on an exchange in New York or in London. It will ensure that 
our regulators have the information and the tools to detect, prevent, 
and punish manipulation and excessive speculation.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Reid, Mr. Levin, Mr. Bingaman, 
        Mr. Dorgan, Mrs. Feinstein, Ms. Klobuchar, Mr. Menendez, Mr. 
        Brown, Mr. Casey, Mr. Kerry, Mr. Leahy, Mrs. Murray, Ms. 
        Mikulski, Mr. Obama, and Mr. Reed):
  S. 3130. A bill to provide energy price relief by authorizing greater 
resources and authority for the Commodity Futures Trading Commission, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. Mr. President, I came to the floor at the beginning of 
this week to make a simple point: as oil prices have reached $139 per 
barrel in recent days, the truth is that no one--not the oil industry, 
not the futures exchanges, not the regulators, not even this United 
States Senator--knows exactly what's going on here.
  But with the economy in a tailspin and with the average price for a 
gallon of gas surpassing $4 and even higher across the country, it is 
time to find out.
  The chairman of the chief regulator of the futures markets, the 
Commodity Futures Trading Commission, doesn't seem to know either. In a 
recent appropriations subcommittee hearing I chaired, Chairman Lukken 
stated that ``CFTC staff analysis indicates that the current higher 
futures prices are generally not a result of manipulative forces.''
  Yet last Thursday and Friday the futures price of a barrel of oil 
shot up $16. In 2 days. Unless there was a massive pipeline explosion 
late last week that I somehow missed, there is simply no supply or 
demand justification for that kind of price increase.
  Something more is going on here.
  Is it rampant speculation that is causing the rise in oil prices?
  Is it illegal market manipulation?
  Is it the fact that the stock markets are not providing investors 
with decent returns at the moment, and so big investors are now pouring 
money into the futures markets instead?
  Is it the hugely deflated dollar exchange rate that is behind this?
  Is it that investors are worried about inflation and are using oil to 
hedge against that risk like they use to use gold?
  Is it really the rising demand of emerging economies like China and 
India that is causing the price of oil to rise?
  Is it the lack of true oversight into these markets that has 
encouraged institutional traders to take large speculative positions 
through overseas markets or over-the-counter trades, positions that 
they can't take in other markets?
  Is it the lack of portfolio caps that are in place for some futures 
contracts but not for oil that has encouraged institutional traders to 
take large speculative positions?
  The questions go on and on. And the answers are scarce. Given the 
importance of the price of gas to families in Illinois and across the 
country, I think that is scandalous.
  That's why I'm introducing a bill today entitled the ``Increasing 
Transparency and Accountability in Oil Prices Act.'' This bill would 
provide more people and better technology to the CFTC to help them 
better understand this situation. It also would give the CFTC far 
greater visibility to the traders and the transactions that are 
involved here.
  Specifically, this bill would:
  Authorize the CFTC to hire an additional 100 FTEs, and express the 
Sense of the Senate for the need for an emergency supplemental request 
from the President for this funding;
  Close the ``London loophole'' by treating oil traders located in 
London as if they were trading in the U.S. for regulatory purposes, so 
that the CFTC has access to oil trades on all exchanges rather than 
just the trades that take place physically in the U.S.;
  Require more detailed reporting to the CFTC for index funds and swap 
dealers who typically take long positions that might drive up the price 
of oil;
  Move the CFTC Inspector General out of the CFTC Chairman's office, to 
ensure its objectivity; and
  Initiate a GAO study of the existing international regulatory regime 
that should be preventing excessive speculation and manipulation of oil 
prices.
  Many of these ideas are not new. Senators Levin, Feinstein, Cantwell, 
and Dorgan have all been very active on these issues as have many 
others, and of course Chairman Bingaman and Chairman Harkin have been 
leaders on these regulatory issues for years.
  For my part, I intend to use my Chairmanship of the Appropriations 
Subcommittee on Financial Services and General Government to increase 
the funding and capacity of the CFTC. We will expect the agency to use 
these resources to get to the bottom of this.
  Quickly.
  These ideas--more regulatory resources and more market transparency--
are ideas that many of my colleagues might agree with. I encourage my 
colleagues on both sides of the aisle to support this important 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3130

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Increasing Transparency and 
     Accountability in Oil Prices Act of 2008''.

     SEC. 2. SENSE OF SENATE ON ADDITIONAL EMERGENCY FUNDING FOR 
                   COMMISSION.

       (a) Findings.--The Senate finds that--
       (1) excessive speculation may be adding significantly to 
     the price of oil and other energy commodities;
       (2) the public and Congress are concerned that private, 
     unregulated transactions and overseas exchange transactions 
     are not being adequately reviewed by any regulatory body;
       (3) an important Federal overseer of commodity speculation, 
     the Commodity Futures Trading Commission, has staffing levels 
     that have dropped to the lowest levels in the 33-year history 
     of the Commission; and
       (4) the acting Chairman of the Commission has said publicly 
     that an additional 100 employees are needed in light of the 
     inflow of trading volume.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the President should immediately send to Congress a request 
     for emergency appropriations for fiscal year 2008 for the 
     Commodity Futures Trading Commission in an amount that is 
     sufficient--
       (1) to help restore public confidence in energy commodities 
     markets and Federal oversight of those markets;
       (2) to potentially impose limits on excessive speculation 
     that is increasing the price of oil, gasoline, diesel, and 
     other energy commodities;
       (3) to significantly improve the information technology 
     capabilities of the Commission to help the Commission 
     effectively regulate the energy futures markets; and
       (4) to fund at least 100 new full-time positions at the 
     Commission to oversee energy commodity market speculation and 
     to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.).

     SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED 
                   ENFORCEMENT.

       Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 
     2(a)(7)) is amended by adding at the end the following:

[[Page S5629]]

       ``(D) Additional employees.--As soon as practicable after 
     the date of enactment of this subparagraph, the Commission 
     shall appoint at least 100 full-time employees (in addition 
     to the employees employed by the Commission as of the date of 
     enactment of this subparagraph)--
       ``(i) to increase the public transparency of operations in 
     energy futures markets;
       ``(ii) to improve the enforcement of this Act in those 
     markets; and
       ``(iii) to carry out such other duties as are prescribed by 
     the Commission.''.

     SEC. 4. INSPECTOR GENERAL.

       Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) 
     is amended by adding at the end the following:
       ``(13) Inspector general.--
       ``(A) Office.--There shall be in the Commission, as an 
     independent office, an Office of the Inspector General.
       ``(B) Appointment.--The Office shall be headed by an 
     Inspector General, appointed in accordance with the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       ``(C) Compensation.--The Inspector General shall be 
     compensated at the rate provided for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(D) Administration.--The Inspector General shall exert 
     independent control of the budget allocations, expenditures, 
     and staffing levels, personnel decisions and processes, 
     procurement, and other administrative and management 
     functions of the Office.''.

     SEC. 5. STUDY OF INTERNATIONAL REGULATION OF ENERGY COMMODITY 
                   MARKETS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the international regime for 
     regulating the trading of energy commodity futures and 
     derivatives.
       (b) Analysis.--The study shall include an analysis of, at a 
     minimum--
       (1) key common features and differences among countries in 
     the regulation of energy commodity trading, including with 
     respect to market oversight and enforcement;
       (2) agreements and practices for sharing market and trading 
     data;
       (3) the use of position limits or thresholds to detect and 
     prevent price manipulation, excessive speculation, or other 
     unfair trading practices;
       (4) practices regarding the identification of commercial 
     and noncommercial trading and the extent of market 
     speculation; and
       (5) agreements and practices for facilitating international 
     cooperation on market oversight, compliance, and enforcement.
       (c) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report that--
       (1) describes the results of the study; and
       (2) provides recommendations to improve openness, 
     transparency, and other necessary elements of a properly 
     functioning market in a manner that protects consumers in the 
     United States from the effects of excessive speculation and 
     energy price volatility.

     SEC. 6. SPECULATIVE LIMITS AND TRANSPARENCY FOR OFF-SHORE OIL 
                   TRADING.

       Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is 
     amended by adding at the end the following:
       ``(e) Foreign Boards of Trade.--
       ``(1) In general.--In the case of any foreign board of 
     trade for which the Commission has granted or is considering 
     an application to grant a board of trade located outside of 
     the United States relief from the requirement of subsection 
     (a) to become a designated contract market, derivatives 
     transaction execution facility, or other registered entity, 
     with respect to an energy commodity that is physically 
     delivered in the United States, prior to continuing to or 
     initially granting the relief, the Commission shall determine 
     that the foreign board of trade--
       ``(A) applies comparable principles or requirements 
     regarding the daily publication of trading information and 
     position limits or accountability levels for speculators as 
     apply to a designated contract market, derivatives 
     transaction execution facility, or other registered entity 
     trading energy commodities physically delivered in the United 
     States; and
       ``(B) provides such information to the Commission regarding 
     the extent of speculative and nonspeculative trading in the 
     energy commodity that is comparable to the information the 
     Commission determines necessary to publish a Commitment of 
     Traders report for a designated contract market, derivatives 
     transaction execution facility, or other registered entity 
     trading energy commodities physically delivered in the United 
     States.
       ``(2) Existing foreign boards of trade.--During the period 
     beginning 1 year after the date of enactment of this 
     subsection and ending 18 months after the date of enactment 
     of this subsection, the Commission shall determine whether to 
     continue to grant relief in accordance with paragraph (1) to 
     any foreign board of trade for which the Commission granted 
     relief prior to the date of enactment of this subsection.''.

     SEC. 7. COMMISSION AUTHORITY OVER TRADERS.

       Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as 
     amended by section 6) is amended by adding at the end the 
     following:
       ``(f) Commission Authority Over Traders.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section or any determination made by the Commission to 
     grant relief from the requirements of subsection (a) to 
     become a designated contract market, derivatives transaction 
     execution facility, or other registered entity, in the case 
     of a person located within the United States, or otherwise 
     subject to the jurisdiction of the Commission, trading on a 
     foreign board of trade, exchange, or market located outside 
     the United States (including the territories and or 
     possessions of the United States), the Commission shall have 
     authority under this Act--
       ``(A) to apply and enforce section 9, including provisions 
     relating to manipulation or attempted manipulation, the 
     making of false statements, and willful violations of this 
     Act;
       ``(B) to require or direct the person to limit, reduce, or 
     liquidate any position to prevent or reduce the threat of 
     price manipulation, excessive speculation, price distortion, 
     or disruption of delivery or the cash settlement process; and
       ``(C) to apply such recordkeeping requirements as the 
     Commission determines are necessary.
       ``(2) Consultation.--Prior to the issuance of any order 
     under paragraph (1) to reduce a position on a foreign board 
     of trade, exchange, or market located outside the United 
     States (including the territories and possessions of the 
     United States), the Commission shall consult with the foreign 
     board of trade, exchange, or market and the appropriate 
     regulatory authority.
       ``(3) Administration.--Nothing in this subsection limits 
     any of the otherwise applicable authorities of the 
     Commission.''.

     SEC. 8. INDEX TRADERS AND SWAP DEALERS.

       Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as 
     amended by section 7) is amended by adding at the end the 
     following:
       ``(g) Index Traders and Swap Dealers.--Not later than 60 
     days after the date of enactment of this subsection, the 
     Commission shall--
       ``(1) routinely require detailed reporting from index 
     traders and swap dealers in markets under the jurisdiction of 
     the Commission;
       ``(2) reclassify the types of traders for regulatory and 
     reporting purposes to distinguish between index traders and 
     swaps dealers; and
       ``(3) review the trading practices for index traders in 
     markets under the jurisdiction of the Commission--
       ``(A) to ensure that index trading is not adversely 
     impacting the price discovery process; and
       ``(B) to determine whether different practices or 
     regulations should be implemented.''.

     SEC. 9. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN 
                   ENERGY MARKETS.

       Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as 
     amended by section 8) is amended by adding at the end the 
     following:
       ``(h) Disaggregation of Index Funds and Data in Energy 
     Markets.--The Commission shall disaggregate and make public 
     monthly--
       ``(1) the number of positions and total value of index 
     funds and other passive, long-only positions in energy 
     markets; and
       ``(2) data on speculative positions relative to bona fide 
     physical hedgers in those markets.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Stevens):
  S. 3131. A bill to amend the Commodity Exchange Act to ensure the 
application of speculation limits to speculators in energy markets, and 
for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce The Oil 
Speculation Control Act, a bill to reduce the impact of excessive 
speculation in the oil markets.
  The legislation is cosponsored by Senator Ted Stevens.
  Last week the price of oil hit $138 per barrel. A commodity that used 
to be priced at $11 a barrel is now swinging $11 in a single day. 
Yesterday it jumped $5--supposedly in response to a single Department 
of Energy report.
  Gasoline prices now average more than $4.50 in California. Some gas 
stations have to charge by the half gallon. Their pumps cannot 
calculate in prices this high.
  There seems to be no relief in sight for consumers as we enter the 
summer travel season.
  In the Farm Bill Congress finally closed the ``Enron Loophole,'' and 
placed all major electronic trades that could drive energy prices under 
the watchful eye of the Commodity Futures Trading commission, CFTC.
  Today I and Senator Levin introduced the Close the London Loophole 
Act to close another loophole. This bill would bring oversight to 
American energy commodities being traded beyond our borders.
  I also joined Senator Durbin in calling for the President to add 100 
I enforcement professionals to the ranks of the CFTC.
  However, these steps are not enough.

[[Page S5630]]

  I believe we must do more to reduce the excessive speculation of 
institutional investors in oil markets.
  So today I am introducing the Oil Speculation Control Act.
  Let me explain what this bill would do.
  First, it requires CFTC to review the trading practices of 
institutional investors and their dealers within 30 days:
  It ensures that their trading is not adversely impacting the market 
price.
  It determines whether different regulations are necessary:
  It proposes to Congress regulations and legislation necessary to 
prevent the dramatic increase of fuel costs in the futures markets.
  Second, the bill establishes reporting requirements. It requires 
institutional investors, such as pension funds or endowments, to report 
their energy market positions to the CFTC, even when trades are 
executed by a third party broker.
  To further increase transparency, it would force CFTC regulations and 
reports to begin distinguishing between the institutional investors and 
the ``swaps dealers'' or ``index traders'' who broker their trades.
  Third, the bill would force CFTC to limit institutional investor and 
index trader positions, as CFTC limits the positions of more 
traditional market speculators.
  Fourth, it prevents CFTC from considering the positions of 
institutional investors or their brokers to be ``bone fide hedges'' 
that would be exempt from speculative position limits.
  Finally, it requires that the Office of the CFTC's Inspector General 
be removed from the CFTC Chairman's Office and established as an 
independent office.
  This bill is necessary because I believe that speculation in oil 
futures by large institutional investors and index funds is inflating 
the price of oil.
  The unconstrained and overwhelming entrance of these new commodity 
investors, who have bet more than 99 percent of their funds on prices 
rising, must be controlled.
  Recent testimony before numerous Congressional Committees indicates 
that between 2000 and 2002, major institutional investors began to view 
commodity futures markets as a new ``asset class'' suitable to be used 
in large financial portfolios. Since 2000, investment fund managers 
have come to believe that investing in commodities balances a stock 
portfolio.
  As Daniel Yergin, one of the Nation's leading energy market experts 
put it: ``Oil has become the `new gold'--a financial asset in which 
investors seek refuge as inflation rises and the dollar weakens.''
  Never before have so many institutional investors made large scale 
investments in commodity markets, but from 2003 to 2008, investments in 
commodity index funds rose from $13 billion to $260 billion.
  The implications for consumers of this shift are potentially 
devastating. Unlike gold, energy and agricultural commodities meet 
essential needs in the everyday lives of average Americans, and the 
potential risk that investment strategies will push the price of these 
goods higher during economic downturns presents a threat to the public 
welfare. I do not believe this is in the best interest of the American 
public.
  Under the Commodity Exchange Act, the CFTC must impose speculation 
limits on the size of energy trader positions. Crude oil speculative 
positions are limited to a total of 20 million barrels of oil and 3 
million barrels of oil in the last three days of a contract.
  However, it is CFTC's practice to exempt institutional investors from 
such limits when investors execute their trades through brokers or 
dealers.
  This is a mistake.
  They are not hedging against the risk of changing oil prices, as 
airlines or utilities frequently must do.
  They never take delivery of the product.
  They participate in the oil markets only on paper.
  This bill will assure that the existing speculation limit powers will 
constrain the market distortion resulting from this massive influx of 
capital. It will ensure a regulatory system that limits the size and 
influence of institutional investor positions in energy markets.
  Even CFTC has realized that its policy may be mistaken.
  Last month it announced that it will review the trading practices for 
index traders in the futures markets to ensure that this type of 
trading activity is not adversely impacting the price discovery 
process. They also plan to determine whether different practices should 
be employed.
  Today's markets evolve quickly, and we need to make sure our market 
oversight responds just as quickly.
  We now know that over the last few years a whole new kind of investor 
has entered oil markets. Institutional investors only bet that the 
price will go up. No matter how high the price goes, they pour into the 
market to push it higher.
  We have ways to control this. We have speculation limits. But we are 
not using them. I am introducing this bill to make sure we use the 
tools we have.
  As the markets continue to evolve, so must our regulation. I believe 
the Oil Speculation Control Act takes this step, and I encourage my 
colleagues to support it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3131

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oil Speculation Control Act 
     of 2008''.

     SEC. 2. DEFINITION OF INSTITUTIONAL INVESTOR.

       (a) Definition.--Section 1a of the Commodity Exchange Act 
     (7 U.S.C. 1a) is amended--
       (1) by redesignating paragraphs (22) through (34) as 
     paragraphs (23) through (35), respectively; and
       (2) by inserting after paragraph (21) the following:
       ``(22) Institutional investor.--The term `institutional 
     investor' means a long-term investor in financial markets 
     (including pension funds, endowments, and foundations) that--
       ``(A) invests in energy commodities as an asset class in a 
     portfolio of financial investments; and
       ``(B) does not take or make physical delivery of energy 
     commodities on a frequent basis, as determined by the 
     Commission.''.
       (b) Conforming Amendments.--
       (1) Section 13106(b)(1) of the Food, Conservation, and 
     Energy Act of 2008 is amended by striking ``section 1a(32)'' 
     and inserting ``section 1a''.
       (2) Section 402(d)(1)(B) of the Legal Certainty for Bank 
     Products Act of 2000 (7 U.S.C. 27(d)(1)(B)) is amended by 
     striking ``section 1a(33)'' and inserting ``section 1a''.

     SEC. 3. INSPECTOR GENERAL.

       Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) 
     is amended by adding at the end the following:
       ``(13) Inspector general.--
       ``(A) Office.--There shall be in the Commission, as an 
     independent office, an Office of the Inspector General.
       ``(B) Appointment.--The Office shall be headed by an 
     Inspector General, appointed in accordance with the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       ``(C) Compensation.--The Inspector General shall be 
     compensated at the rate provided for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(D) Administration.--The Inspector General shall exert 
     independent control of the budget allocations, expenditures, 
     and staffing levels, personnel decisions and processes, 
     procurement, and other administrative and management 
     functions of the Office.''.

     SEC. 4. TRADING PRACTICES REVIEW WITH RESPECT TO INDEX 
                   TRADERS, SWAP DEALERS, AND INSTITUTIONAL 
                   INVESTORS.

       Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is 
     amended by adding at the end the following:
       ``(e) Trading Practices Review With Respect to Index 
     Traders, Swap Dealers, and Institutional Investors.--
       ``(1) Review.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of this subsection, the Commission shall carry out 
     a review of the trading practices of index traders, swap 
     dealers, and institutional investors in markets under the 
     jurisdiction of the Commission--
       ``(i) to ensure that index trading is not adversely 
     impacting the price discovery process;
       ``(ii) to determine whether different practices or 
     regulations should be implemented; and
       ``(iii) to gather data for use in proposing regulations to 
     limit the size and influence of institutional investor 
     positions in commodity markets.
       ``(B) Emergency authority.--For the 60-day period described 
     in subparagraph (A), in accordance with each applicable rule 
     adopted under section 5(d)(6), the Commission shall exercise 
     the emergency authority of the Commission to prevent 
     institutional investors from increasing the positions of the 
     institutional investors in--

[[Page S5631]]

       ``(i) energy commodity futures; and
       ``(ii) commodity future index funds.
       ``(2) Report.--Not later than 30 days after the date 
     described in paragraph (1)(A), the Commission shall submit to 
     the appropriate committees of Congress a report that contains 
     recommendations for such legislation as the Commission 
     determines to be necessary to limit the size and influence of 
     institutional investor positions in commodity markets.''.

     SEC. 5. BONA FIDE HEDGING TRANSACTIONS OR POSITIONS.

       Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 
     6a(c)) is amended by striking ``(c) No rule'' and inserting 
     the following:
       ``(c) Bona Fide Hedging Transactions or Positions.--
       ``(1) Definition of bona fide hedging transaction or 
     position.--The term `bona fide hedging transaction or 
     position' means a transaction or position that represents a 
     hedge against price risk exposure relating to physical 
     transactions involving an energy commodity.
       ``(2) Application with respect to bona fide hedging 
     transactions or positions.--No rule''.

     SEC. 6. SPECULATION LIMITS RELATING TO SPECULATORS IN ENERGY 
                   MARKETS.

       Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is 
     amended by adding at the end the following:
       ``(f) Speculation Limits Relating to Speculators in Energy 
     Markets.--
       ``(1) Definition of speculator.--In this subsection, the 
     term `speculator' includes any institutional investor or 
     investor of an investment fund that holds a position through 
     an intermediary broker or dealer.
       ``(2) Enforcement of speculation limits.--The Commission 
     shall enforce speculation limits with respect to speculators 
     in energy markets.''.

     SEC. 7. LARGE TRADER REPORTING WITH RESPECT TO INDEX TRADERS, 
                   SWAP DEALERS, AND INSTITUTIONAL INVESTORS.

       Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is 
     amended by adding at the end the following:
       ``(g) Large Trader Reporting With Respect to Index Traders, 
     Swap Dealers, and Institutional Investors.--
       ``(1) In general.--Each recordkeeping and reporting 
     requirement under this section relating to large trader 
     transactions and positions shall apply to index traders, 
     swaps dealers, and institutional investors in markets under 
     the jurisdiction of the Commission.
       ``(2) Promulgation of regulations.--As soon as practicable 
     after the date of enactment of this subsection, the 
     Commission shall promulgate regulations to establish separate 
     classifications for index traders, swaps dealers, and 
     institutional investors--
       ``(A) to enforce the recordkeeping and reporting 
     requirements described in paragraph (1); and
       ``(B) to enforce position limits and position 
     accountability levels with respect to energy commodities 
     under section 4a(f).''.

     SEC. 8. INSTITUTIONAL INVESTOR SPECULATION LIMITS.

       (a) Core Principles Applicable to Significant Price 
     Discovery Contracts.--Section 2(h)(7)(C)(ii)(IV) of the 
     Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)(ii)(IV)) is 
     amended by inserting after ``speculators'' the following: 
     ``(including institutional investors that do not take 
     delivery of energy commodities and that hold positions in 
     energy commodities through swaps dealers or other third 
     parties)''.
       (b) Core Principles for Contract Markets.--Section 5(d)(5) 
     of the Commodity Exchange Act (7 U.S.C. 7(d)(5)) is amended 
     by inserting after ``speculators'' the following: 
     ``(including institutional investors that do not take 
     delivery of energy commodities and that hold positions in 
     energy commodities through swaps dealers or other third 
     parties)''.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Durbin, and Mr. Menendez):
  S. 3133. A bill to direct the Secretary of the Interior to establish 
an annual production incentive fee with respect to Federal onshore and 
offshore land that is subject to a lease for production of oil or 
natural gas under which production is not occurring, to authorize use 
of the fee for energy efficiency and renewable energy projects, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. DODD. Mr. President, I rise today to introduce the Responsible 
Ownership of Public Land Act. I thank my friends Congressmen Rahm 
Emanuel, Ed Markey, Maurice Hinchey, and Nick Rahall for their 
leadership on this issue in the other chamber. With the issue of oil 
and gas prices at the forefront of our national consciousness, this 
bill is timely and critically needed.
  As gas prices across the Nation soar to shocking, unprecedented 
levels, we can all agree that the time has come to end our dependence 
on oil. But that can't happen unless we also commit to something the 
Bush administration and its allies in Congress have refused to:
  End our dependence on the oil companies--on letting them hold the 
American people and economy hostage to rising prices that have no end 
in sight.
  In my home State of Connecticut, a gallon of regular unleaded 
gasoline today reached $4.36. That is an increase of 41 cents from just 
a month ago--and $1.12 from only a year ago. For reasons that 
economists seem at a loss to explain, my State today has the second-
highest gas prices in the Nation. It seems that every single day we 
turn on the television or open a newspaper, we hear about new records 
being set for the price of a barrel of oil or how much people are 
paying at the pump.
  The rising price of gas only begins at the pump. It is also causing 
prices to rise at the grocery store and elsewhere. Wherever they go, 
families are feeling economic pressure like never before--finding 
themselves forced to make difficult decisions and cut down on spending 
in other areas simply so they can afford to commute to work or take 
their kids to school. Too often they are forced to choose between food, 
gas, utilities, and lifesaving medications.
  In my view there are many things we need to do to address this 
pressing issue. In the long term we need to develop clean, renewable 
energy sources that will alleviate our dependence on foreign oil that 
often comes from unstable, hostile regimes and create new green jobs 
here at home. But in the short term, we need to take steps to help out 
families who are hurting and angry and need relief.
  One idea we hear time and again from President Bush and his 
Republican allies is that the answer to our energy problems is to open 
up environmentally fragile areas of the Arctic National Wildlife Refuge 
to more drilling. In response, I would point out that there are already 
44 million offshore acres that have been leased by oil companies, who 
have only put 10.5 million of those acres into production. Of the 47.5 
million onshore acres under lease for oil and gas production, only 13 
million are in production.
  Combined, oil and gas companies hold leases to 68 million acres of 
Federal land and waters that they are not producing any oil and gas on. 
This is compared to the 1.5 million acres that make up ANWR that 
proponents of drilling there would like to see opened up. Instead of 
putting pristine wilderness in grave peril, these companies should 
first be producing on acres already under lease. The vast majority of 
oil and natural gas resources on Federal land are already open for 
drilling and are not being tapped, and the oil and gas resources 
available in the unused land under lease far outstrips what is 
available in ANWR and other areas closed to drilling.
  Therefore, I am offering this legislation as a solution to this 
problem--a production incentive fee for acres under lease that are not 
in production. This fee would rise with the number of years the land 
has been under lease but not used. The revenue raised by these fees 
could be used to fund the development of clean, renewable energy, 
energy efficiency, and programs such as LIHEAP that help families 
struggling with sky-high energy prices.
  Over the last 8 years, President Bush, Vice President Cheney and 
their allies in this body have done all they can to block any progress 
toward energy independence. They have belittled and undermined policies 
and technologies that, had they been adopted, would have helped 
consumers avoid the deplorable situation they find themselves in today.
  As a result, American families are now at the mercy of foreign 
dictators, market speculators, and big oil companies reaping enormous 
profits--the largest profits in corporate history.
  As a result, every time the price of a gallon of gas reaches a new 
record, Americans are the ones paying the price of this 
administration's inaction.
  It is time to end our dependence on the oil companies. This bill 
would start that process by saying the time has come to put the 
American people first.
  It is my hope that with the introduction of the Responsible Ownership 
of Public Land Act, we can begin again to work toward delivering the 
kind of change American families are desperate for. I ask that my 
colleagues join me in supporting this commonsense effort to responsibly 
address the Nation's desperate energy needs.
                                 ______
                                 
      By Mr. NELSON of Florida:

[[Page S5632]]

  S. 3134. A bill to amend the Commodity Exchange Act to require energy 
commodities to be traded only on regulated markets, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. NELSON of Florida. Mr. President, many experts have concluded 
that the skyrocketing price of oil reflects not just the realities of 
supply and demand but also the influence of speculators and futures 
traders. Many of these speculators work for funds and investment banks 
with no actual inventory of oil, and thus no business need to hedge 
against an increase in the price of oil. Put simply, they enter the 
energy futures market to make a profit by gambling on the price per 
barrel.
  Last month, with passage of the Farm Bill, the Congress finally 
succeeded in bringing a measure of oversight and transparency to this 
market, requiring the Commodities Future Trading Commission, CFTC, to 
review all contracts to determine which ones should be regulated as 
though traded on a major public exchange.
  While this was a step in the right direction, and the result of much 
thoughtful discussion and debate, it could be improved upon and 
strengthened. I am basing this on testimony heard by the Commerce 
Committee on June 3 from Michael Greenberger, former director of CFTC's 
Division of Trading and Markets. Mr. Greenberger has emerged as a 
leading expert on the current state of our Nation's energy markets.
  In light of these developments and to add to the growing debate about 
how to protect consumers and our economy from rampant speculation, I'm 
now introducing a bill to shut down the unregulated oil futures markets 
created by the now-infamous ``Enron loophole.'' It also removes energy 
from the list of exempt commodities; requires energy to be traded on a 
regulated market, and creates a new definition of what constitutes an 
energy commodity.
  As the Senate continues to debate and ultimately consider proposals 
related to energy market speculation, the influence of large investors, 
regulated and unregulated exchanges, I would ask that my colleagues 
also consider the ideas put forward in this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3134

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

     SECTION 1. REGULATION OF ENERGY COMMODITIES.

       (a) Definitions.--Section 1a of the Commodity Exchange Act 
     (7 U.S.C. 1a) is amended--
       (1) by redesignating paragraphs (13) through (34) as 
     paragraphs (14) through (35), respectively;
       (2) by inserting after paragraph (12) the following:
       ``(13) Energy commodity.--The term `energy commodity' 
     includes--
       ``(A) crude oil;
       ``(B) natural gas;
       ``(C) heating oil;
       ``(D) gasoline;
       ``(E) metals;
       ``(F) construction materials;
       ``(G) propane; and
       ``(H) other fuel oils.''; and
       (3) by striking paragraph (15) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(15) Exempt commodity.--The term `exempt commodity' means 
     a commodity that is not--
       ``(A) an agricultural commodity;
       ``(B) an energy commodity; or
       ``(C) an excluded commodity.''.
       (b) Current Agricultural Commodities.--Section 5(e)(1) of 
     the Commodity Exchange Act (7 U.S.C. 7(e)(1)) is amended by 
     striking ``agricultural commodity enumerated in section 
     1a(4)'' and inserting ``agricultural commodity or an energy 
     commodity''.
       (c) Conforming Amendments.--
       (1) Section 2(c)(2)(B)(i)(II)(cc) of the Commodity Exchange 
     Act (7 U.S.C. 2(c)(2)(B)(i)(II)(cc)) is amended--
       (A) in subitem (AA), by striking ``section 1a(20)'' and 
     inserting ``section 1a(21)''; and
       (B) in subitem (BB), by striking ``section 1a(20)'' and 
     inserting ``section 1a(21)''.
       (2) Section 13106(b)(1) of the Food, Conservation, and 
     Energy Act of 2008 is amended by striking ``section 1a(32)'' 
     and inserting ``section 1a''.
       (3) Section 402 of the Legal Certainty for Bank Products 
     Act of 2000 (7 U.S.C. 27) is amended--
       (A) in subsection (a)(7), by striking ``section 1a(20)'' 
     and inserting ``section 1a''; and
       (B) in subsection (d)--
       (i) in paragraph (1)(B), by striking ``section 1a(33)'' and 
     inserting ``section 1a''; and
       (ii) in paragraph (2)(D), by striking ``section 1a(13)'' 
     and inserting ``section 1a''.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 3135. A bill to amend the Outer Continental Shelf Lands Act to 
provide for the establishment of a production incentive fee for 
nonproducing leases; to the Committee on Energy and Natural Resources.
  Mr. NELSON of Florida. Mr. President, today I have introduced 
legislation which will impose a fee of no less than $5 per acre per 
year for Federal lands leased in the Outer Continental Shelf, 
specifically within the Gulf of Mexico.
  It is my hope this legislation will improve the management of the 
nation's oil and gas leasing program, a program that has greatly 
expanded in recent years. Since the 1990s, the federal government has 
consistently encouraged the development of its oil and gas resources 
and drilling on federal lands has steadily increased during this time. 
The number of drilling permits issued for lands on and offshore has 
exploded in recent years, going from 3,802 five years ago to 7,561 in 
2007.
  Let me also share some statistics prepared by the House Resources 
Committee regarding offshore energy resources. On the Outer Continental 
Shelf, 82 percent of federal natural gas and 79 percent of Federal oil 
is located in areas that are currently open for leasing. Offshore, only 
10.5 million of the 44 million leased acres are currently producing oil 
or gas.
  It is simply, unfair, dishonest, and disingenuous to try to persuade 
the American people that all we need to do is drill. In fact, I have 
concerns the oil companies are hoarding a resource that belongs to the 
United States of America and sitting upon it until the price is right 
for them to drill. Before we open up more areas for leasing, we must 
first use what we have. That makes sense to me.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3135

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Outer Continental Shelf 
     Production Incentive Fee Act''.

     SEC. 2. PRODUCTION INCENTIVE FEE.

       Section 8 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337) is amended by adding at the end the following:
       ``(q) Production Incentive Fee.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary shall 
     establish, by regulation, a fee for any nonproducing oil or 
     gas leases on outer Continental Shelf land in the Gulf of 
     Mexico that are in effect on the date of enactment of this 
     subsection.
       ``(2) Amount.--The amount of the fee established under 
     paragraph (1) shall be at a rate established by the Secretary 
     by regulation, but shall be not less than $5 per acre per 
     year.
       ``(3) Assessment and collection.--The Secretary shall 
     assess and collect the fee established under paragraph (1) on 
     an annual basis, in accordance with procedures established by 
     the Secretary by regulation.
       ``(4) Disposition.--Notwithstanding section 9, any amounts 
     collected under paragraph (3) shall be--
       ``(A) available to the Secretary of the Interior for use in 
     accordance with the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-4 et seq.); and
       ``(B) treated as offsetting receipts.''.
                                 ______
                                 
      By Mr. McCONNELL (for himself, Mrs. Feinstein, Mr. McCain, Mr. 
        Biden, Mr. Allard, Mr. Bennett, Mr. Bunning, Mr. Burr, Ms. 
        Cantwell, Mrs. Clinton, Mr. Coleman, Mrs. Dole, Mr. Durbin, Mr. 
        Ensign, Mr. Feingold, Mr. Isakson, Mr. Leahy, Mr. Martinez, Mr. 
        Menendez, Ms. Murkowski, Mr. Smith, Ms. Snowe, Mr. Sununu, Mr. 
        Whitehouse, Mr. Wyden, Mr. Bingaman, and Mr. Brown):
  S.J. Res. 41. A joint resolution approving the renewal of import 
restrictions contained in the Burmese Freedom and Democracy Act of 
2003; to the Committee on Finance.
  Mr. McCONNELL. Mr. President, I rise to introduce the Burmese Freedom 
and Democracy Act. This legislation continues the sanctions that are 
already in place against the illegitimate

[[Page S5633]]

ruling Burmese regime, the State Peace and Development Council, or 
SPDC.
  Last month, the whole world got a close look at the SPDC's contempt 
for human life when a devastating cyclone hit Burma. No one can say 
with certainty what the full toll of death and destruction is from the 
storm--but we do know the junta greatly compounded matters through 
inaction and its utter disregard for the Burmese people.
  The SPDC severely restricted the entry of relief workers into the 
country. Four U.S. Navy ships carrying much-needed supplies for the 
Burmese people were turned away time and again by the regime.
  Estimates put as many as 135,000 people dead or missing after the 
cyclone hit on May 3, and many of those deaths must lie at the feet of 
the SPDC for its outrageous acts of criminal neglect.
  These sanctions, if enacted, would make clear to the SPDC that the 
United States continues to stand squarely with the long-suffering 
people of Burma and against the morally bankrupt junta.
  This bill is the same legislation the Senate has passed in prior 
years. If enacted, it would extend import sanctions for another year 
unless the regime takes a number of tangible steps toward democracy and 
reconciliation.
  I and many others believe these sanctions should be tightened even 
further, but those efforts will be pursued at a later date in separate 
legislation.
  I am joined, as always, by two colleagues who are both steadfast and 
longtime advocates for the freedom of the Burmese people: Senator 
Dianne Feinstein and Senator John McCain. I am proud to stand alongside 
these two friends in support of this important legislation.
  Before I close I want to clarify one important point for my 
colleagues. This bill would in no way hinder or block America's 
continuing efforts to provide humanitarian aid to the people in Burma 
in the wake of the cyclone. This bill imposes sanctions on trade, not 
humanitarian aid.
  America is a friend to the people of Burma. That is why we stand 
against Burma's tyrannical ruling regime. I hope my colleagues will 
continue to support this bill and continue to send that message to the 
SPDC.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 41

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     approves the renewal of the import restrictions contained in 
     section 3(a)(1) of the Burmese Freedom and Democracy Act of 
     2003.

                          ____________________