[Congressional Record Volume 156, Number 127 (Tuesday, September 21, 2010)]
[Senate]
[Pages S7269-S7279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID:
S. 3815. A bill to amend the Internal Revenue Code of 1986 to reduce
oil consumption and improve energy security, and for other purposes;
read the first time.
Mr. REID. 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. 3815
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 ``Promoting Natural Gas and
Electric Vehicles Act of 2010''.
TITLE I--NATURAL GAS VEHICLE AND INFRASTRUCTURE DEVELOPMENT
SEC. 1001. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Incremental cost.--The term ``incremental cost'' means
the difference between--
(A) the suggested retail price of a manufacturer for a
qualified alternative fuel vehicle; and
(B) the suggested retail price of a manufacturer for a
vehicle that is--
(i) powered solely by a gasoline or diesel internal
combustion engine; and
(ii) comparable in weight, size, and use to the vehicle.
(3) Mixed-fuel vehicle.--The term ``mixed-fuel vehicle''
means a mixed-fuel vehicle (as defined in section
30B(e)(5)(B) of the Internal Revenue Code of 1986) (including
vehicles with a gross vehicle weight rating of 14,000 pounds
or less) that uses a fuel mix that is comprised of at least
75 percent compressed natural gas or liquefied natural gas.
(4) Natural gas refueling property.--The term ``natural gas
refueling property'' means units that dispense at least 85
percent by volume of natural gas, compressed natural gas, or
liquefied natural gas as a transportation fuel.
(5) Qualified alternative fuel vehicle.--The term
``qualified alternative fuel vehicle'' means a vehicle
manufactured for use in the United States that is--
(A) a new compressed natural gas- or liquefied natural gas-
fueled vehicle that is only capable of operating on natural
gas;
(B) a vehicle that is capable of operating for more than
175 miles on 1 fueling of compressed or liquefied natural gas
and is capable of operating on gasoline or diesel fuel,
including vehicles with a gross vehicle weight rating of
14,000 pounds or less.
(6) Qualified manufacturer.--The term ``qualified
manufacturer'' means a manufacturer of qualified alternative
fuel vehicles or any component designed specifically for use
in a qualified alternative fuel vehicle.
(7) Qualified owner.--The term ``qualified owner'' means an
individual that purchases a qualified alternative fuel
vehicle for use or lease in the United States but not for
resale.
(8) Qualified refueler.--The term ``qualified refueler''
means the owner or operator of natural gas refueling
property.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 1002. PROGRAM ESTABLISHMENT.
(a) In General.--There is established within the Department
a Natural Gas Vehicle and Infrastructure Development Program
for the purpose of facilitating the use of natural gas in the
United States as an alternative transportation fuel, in order
to achieve the maximum feasible reduction in domestic oil
use.
(b) Conversion or Repowering of Vehicles.--The Secretary
shall establish a rebate program under this title for
qualified owners who convert or repower a conventionally
fueled vehicle to operate on compressed natural gas or
liquefied natural gas, or to a mixed-fuel vehicle or a bi-
fuel vehicle.
SEC. 1003. REBATES.
(a) Interim Final Rule.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall promulgate an
interim final rule establishing regulations that the
Secretary considers necessary to administer the rebates
required under this section.
(2) Administration.--The interim final rule shall establish
a program that provides--
(A) rebates to qualified owners for the purchase of
qualified alternative fuel vehicles; and
(B) priority to those vehicles that the Secretary
determines are most likely to achieve the shortest payback
time on investment and the greatest market penetration for
natural gas vehicles.
(3) Allocation.--Of the amount allocated for rebates under
this section, not more than 25 percent shall be used to
provide rebates to qualified owners for the purchase of
qualified alternative fuel vehicles that have a gross vehicle
rating of not more than 8,500 pounds.
(b) Rebates.--
(1) In general.--Subject to paragraph (2), the Secretary
shall provide rebates for 90 percent of the incremental cost
of a qualified alternative fuel vehicle to a qualified owner
for the purchase of a qualified alternative fuel vehicles.
(2) Maximum values.--
(A) Natural gas vehicles.--The maximum value of a rebate
under this section provided to a qualified owner who places a
qualified alternative fuel vehicle into service by 2013 shall
be--
(i) $8,000 for each qualified alternative fuel vehicle with
a gross vehicle weight rating of not more than 8,500 pounds;
(ii) $16,000 for each qualified alternative fuel vehicle
with a gross vehicle weight rating of more than 8,500 but not
more than 14,000 pounds;
(iii) $40,000 for each qualified alternative fuel vehicle
with a gross vehicle weight rating of more than 14,000 but
not more than 26,000 pounds; and
(iv) $64,000 for each qualified alternative fuel vehicle
with a gross vehicle weight rating of more than 26,000
pounds.
(B) Mixed-fuel vehicles.--The maximum value of a rebate
under this section provided to a qualified owner who places a
qualified alternative fuel vehicle that is a mixed-fuel
vehicle into service by 2015 shall be 75 percent of the
amount provided for rebates under this section for vehicles
that are only capable of operating on natural gas.
(C) Bi-fuel vehicles.--The maximum value of a rebate under
this section provided to a qualified owner of a vehicle
described in section 2001(5)(B) shall be 50 percent of the
amount provided for rebates under this section for vehicles
that are only capable of operating on natural gas.
(c) Treatment of Rebates.--For purposes of the Internal
Revenue Code of 1986, rebates received for qualified
alternative fuel vehicles under this section--
(1) shall not be considered taxable income to a qualified
owner;
(2) shall prohibit the qualified owner from applying for
any tax credit allowed under that Code for the same qualified
alternative fuel vehicle; and
(3) shall be considered a credit described in paragraph (2)
for purposes of any limitation on the amount of the credit.
(d) Funding.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $3,800,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section
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the funds transferred under paragraph (1), without further
appropriation.
SEC. 1004. INFRASTRUCTURE AND DEVELOPMENT GRANTS.
(a) Interim Final Rule.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall promulgate
an interim final rule establishing an infrastructure
deployment program and a manufacturing development program,
and any implementing regulations that the Secretary considers
necessary, to achieve the maximum practicable cost-effective
program to provide grants under this section.
(b) Grants.--The Secretary shall provide--
(1) grants of up to $50,000 per unit to qualified refuelers
for the installation of natural gas refueling property placed
in service between 2011 and 2015; and
(2) grants in amounts determined to be appropriate by the
Secretary to qualified manufacturers for research,
development, and demonstration projects on engines with
reduced emissions, improved performance, and lower cost.
(c) Cost Sharing.--Grants under this section shall be
subject to the cost-sharing requirements of section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Monitoring.--The Secretary shall--
(1) require regular reporting of such information as the
Secretary considers necessary to effectively administer the
program from grant recipients under this section; and
(2) conduct on-site and off-site monitoring to ensure
compliance with grant terms.
(e) Funding.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $500,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1),
without further appropriation.
SEC. 1005. LOAN PROGRAM TO ENHANCE DOMESTIC MANUFACTURING.
(a) Interim Final Rule.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall promulgate
an interim final rule establishing a direct loan program to
provide loans to qualified manufacturers to pay not more than
80 percent of the cost of reequipping, expanding, or
establishing a facility in the United States that will be
used for the purpose of producing any new qualified
alternative fuel motor vehicle or any eligible component.
(b) Overall Commitment Limit.--Commitments for direct loans
under this section shall not exceed $2,000,000,000 in total
loan principal.
(c) Cost of Direct Loans.--The cost of direct loans under
this section (including the cost of modifying the loans)
shall be determined in accordance with section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(d) Additional Financial and Technical Personnel.--Section
621(d) of the Department of Energy Organization Act (42
U.S.C. 7231(d)) is amended by striking ``two hundred'' and
inserting ``250''.
(e) Funding.--
(1) In general.--Notwithstanding any other provision of
law, on October 1, 2010, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary for the cost of loans to carry out
this section $200,000,000, to remain available until
expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1),
without further appropriation.
TITLE II--PROMOTING ELECTRIC VEHICLES
SEC. 2001. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Charging infrastructure.--The term ``charging
infrastructure'' means any property (not including a
building) if the property is used for the recharging of plug-
in electric drive vehicles, including electrical panel
upgrades, wiring, conduit, trenching, pedestals, and related
equipment.
(3) Committee.--The term ``Committee'' means the Plug-in
Electric Drive Vehicle Technical Advisory Committee
established by section 2034.
(4) Deployment community.--The term ``deployment
community'' means a community selected by the Secretary to be
part of the targeted plug-in electric drive vehicles
deployment communities program under section 2016.
(5) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(6) Federal-aid system of highways.--The term ``Federal-aid
system of highways'' means a highway system described in
section 103 of title 23, United States Code.
(7) Plug-in electric drive vehicle.--
(A) In general.--The term ``plug-in electric drive
vehicle'' has the meaning given the term in section 131(a)(5)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011(a)(5)).
(B) Inclusions.--The term ``plug-in electric drive
vehicle'' includes--
(i) low speed plug-in electric drive vehicles that meet the
Federal Motor Vehicle Safety Standards described in section
571.500 of title 49, Code of Federal Regulations (or
successor regulations); and
(ii) any other electric drive motor vehicle that can be
recharged from an external source of motive power and that is
authorized to travel on the Federal-aid system of highways.
(8) Prize.--The term ``Prize'' means the Advanced Batteries
for Tomorrow Prize established by section 2022.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Task force.--The term ``Task Force'' means the Plug-in
Electric Drive Vehicle Interagency Task Force established by
section 2035.
Subtitle A--National Plug-in Electric Drive Vehicle Deployment Program.
SEC. 2011. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT
PROGRAM.
(a) In General.--There is established within the Department
of Energy a national plug-in electric drive vehicle
deployment program for the purpose of assisting in the
deployment of plug-in electric drive vehicles.
(b) Goals.--The goals of the national program described in
subsection (a) include--
(1) the reduction and displacement of petroleum use by
accelerating the deployment of plug-in electric drive
vehicles in the United States;
(2) the reduction of greenhouse gas emissions by
accelerating the deployment of plug-in electric drive
vehicles in the United States;
(3) the facilitation of the rapid deployment of plug-in
electric drive vehicles;
(4) the achievement of significant market penetrations by
plug-in electric drive vehicles nationally;
(5) the establishment of models for the rapid deployment of
plug-in electric drive vehicles nationally, including models
for the deployment of residential, private, and publicly
available charging infrastructure;
(6) the increase of consumer knowledge and acceptance of
plug-in electric drive vehicles;
(7) the encouragement of the innovation and investment
necessary to achieve mass market deployment of plug-in
electric drive vehicles;
(8) the facilitation of the integration of plug-in electric
drive vehicles into electricity distribution systems and the
larger electric grid while maintaining grid system
performance and reliability;
(9) the provision of technical assistance to communities
across the United States to prepare for plug-in electric
drive vehicles; and
(10) the support of workforce training across the United
States relating to plug-in electric drive vehicles.
(c) Duties.--In carrying out this subtitle, the Secretary
shall--
(1) provide technical assistance to State, local, and
tribal governments that want to create deployment programs
for plug-in electric drive vehicles in the communities over
which the governments have jurisdiction;
(2) perform national assessments of the potential
deployment of plug-in electric drive vehicles under section
2012;
(3) synthesize and disseminate data from the deployment of
plug-in electric drive vehicles;
(4) develop best practices for the successful deployment of
plug-in electric drive vehicles;
(5) carry out workforce training under section 2014;
(6) establish the targeted plug-in electric drive vehicle
deployment communities program under section 2016; and
(7) in conjunction with the Task Force, make
recommendations to Congress and the President on methods to
reduce the barriers to plug-in electric drive vehicle
deployment.
(d) Report.--Not later than 18 months after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report on the progress made in implementing the
national program described in subsection (a) that includes--
(1) a description of the progress made by--
(A) the technical assistance program under section 2013;
and
(B) the workforce training program under section 2014; and
(2) any updated recommendations of the Secretary for
changes in Federal programs to promote the purposes of this
subtitle.
(e) National Information Clearinghouse.--The Secretary
shall make available to the public, in a timely manner,
information regarding--
(1) the cost, performance, usage data, and technical data
regarding plug-in electric drive vehicles and associated
infrastructure, including information from the deployment
communities established under section 2016; and
(2) any other educational information that the Secretary
determines to be appropriate.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out sections 2011 through 2013
$100,000,000 for the period of fiscal years 2011 through
2016.
SEC. 2012. NATIONAL ASSESSMENT AND PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall carry out a
national assessment and develop a national plan for plug-in
electric drive vehicle deployment that includes--
(1) an assessment of the maximum feasible deployment of
plug-in electric drive vehicles by 2020 and 2030;
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(2) the establishment of national goals for market
penetration of plug-in electric drive vehicles by 2020 and
2030;
(3) a plan for integrating the successes and barriers to
deployment identified by the deployment communities program
established under section 2016 to prepare communities across
the Nation for the rapid deployment of plug-in electric drive
vehicles;
(4) a plan for providing technical assistance to
communities across the United States to prepare for plug-in
electric drive vehicle deployment;
(5) a plan for quantifying the reduction in petroleum
consumption and the net impact on greenhouse gas emissions
due to the deployment of plug-in electric drive vehicles; and
(6) in consultation with the Task Force, any
recommendations to the President and to Congress for changes
in Federal programs (including laws, regulations, and
guidelines)--
(A) to better promote the deployment of plug-in electric
drive vehicles; and
(B) to reduce barriers to the deployment of plug-in
electric drive vehicles.
(b) Updates.--Not later than 2 years after the date of
development of the plan described in subsection (a), and not
less frequently than once every 2 years thereafter, the
Secretary shall use market data and information from the
targeted plug-in electric drive vehicle deployment
communities program established under section 2016 and other
relevant data to update the plan to reflect real world market
conditions.
SEC. 2013. TECHNICAL ASSISTANCE.
(a) Technical Assistance to State, Local, and Tribal
Governments.--
(1) In general.--In carrying out this subtitle, the
Secretary shall provide, at the request of the Governor,
Mayor, county executive, or the designee of such an official,
technical assistance to State, local, and tribal governments
to assist with the deployment of plug-in electric drive
vehicles.
(2) Requirements.--The technical assistance described in
paragraph (1) shall include--
(A) training on codes and standards for building and safety
inspectors;
(B) training on best practices for expediting permits and
inspections;
(C) education and outreach on frequently asked questions
relating to the various types of plug-in electric drive
vehicles and associated infrastructure, battery technology,
and disposal; and
(D) the dissemination of information regarding best
practices for the deployment of plug-in electric drive
vehicles.
(3) Priority.--In providing technical assistance under this
subsection, the Secretary shall give priority to--
(A) communities that have established public and private
partnerships, including partnerships comprised of--
(i) elected and appointed officials from each of the
participating State, local, and tribal governments;
(ii) relevant generators and distributors of electricity;
(iii) public utility commissions;
(iv) departments of public works and transportation;
(v) owners and operators of property that will be essential
to the deployment of a sufficient level of publicly available
charging infrastructure (including privately owned parking
lots or structures and commercial entities with public access
locations);
(vi) plug-in electric drive vehicle manufacturers or
retailers;
(vii) third-party providers of charging infrastructure or
services;
(viii) owners of any major fleet that will participate in
the program;
(ix) as appropriate, owners and operators of regional
electric power distribution and transmission facilities; and
(x) other existing community coalitions recognized by the
Department of Energy;
(B) communities that, as determined by the Secretary, have
best demonstrated that the public is likely to embrace plug-
in electric drive vehicles, giving particular consideration
to communities that--
(i) have documented waiting lists to purchase plug-in
electric drive vehicles;
(ii) have developed projections of the quantity of plug-in
electric drive vehicles supplied to dealers; and
(iii) have assessed the quantity of charging infrastructure
installed or for which permits have been issued;
(C) communities that have shown a commitment to serving
diverse consumer charging infrastructure needs, including the
charging infrastructure needs for single- and multi-family
housing and public and privately owned commercial
infrastructure; and
(D) communities that have established regulatory and
educational efforts to facilitate consumer acceptance of
plug-in electric drive vehicles, including by--
(i) adopting (or being in the process of adopting)
streamlined permitting and inspections processes for
residential charging infrastructure; and
(ii) providing customer informational resources, including
providing plug-in electric drive information on community or
other websites.
(4) Best practices.--The Secretary shall collect and
disseminate information to State, local, and tribal
governments creating plans to deploy plug-in electric drive
vehicles on best practices (including codes and standards)
that uses data from--
(A) the program established by section 2016;
(B) the activities carried out by the Task Force; and
(C) existing academic and industry studies of the factors
that contribute to the successful deployment of new
technologies, particularly studies relating to alternative
fueled vehicles.
(5) Grants.--
(A) In general.--The Secretary shall establish a program to
provide grants to State, local, and tribal governments or to
partnerships of government and private entities to assist the
governments and partnerships--
(i) in preparing a community deployment plan under section
2016; and
(ii) in preparing and implementing programs that support
the deployment of plug-in electric drive vehicles.
(B) Application.--A State, local, or tribal government that
seeks to receive a grant under this paragraph shall submit to
the Secretary an application for the grant at such time, in
such form, and containing such information as the Secretary
may prescribe.
(C) Use of funds.--A State, local, or tribal government
receiving a grant under this paragraph shall use the funds--
(i) to develop a community deployment plan that shall be
submitted to the next available competition under section
2016; and
(ii) to carry out activities that encourage the deployment
of plug-in electric drive vehicles including--
(I) planning for and installing charging infrastructure,
particularly to develop and demonstrate diverse and cost-
effective planning, installation, and operations options for
deployment of single family and multifamily residential,
workplace, and publicly available charging infrastructure;
(II) updating building, zoning, or parking codes and
permitting or inspection processes;
(III) workforce training, including the training of
permitting officials;
(IV) public education described in the proposed marketing
plan;
(V) shifting State, local, or tribal government fleets to
plug-in electric drive vehicles, at a rate in excess of the
existing alternative fueled fleet vehicles acquisition
requirements for Federal fleets under section 303(b)(1)(D) of
the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
(VI) any other activities, as determined to be necessary by
the Secretary.
(D) Criteria.--The Secretary shall develop and publish
criteria for the selection of technical assistance grants,
including requirements for the submission of applications
under this paragraph.
(E) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this paragraph.
(b) Updating Model Building Codes, Permitting and
Inspection Processes, and Zoning or Parking Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, the International Code Council, and
any other organizations that the Secretary determines to be
appropriate, shall develop and publish guidance for--
(A) model building codes for the inclusion of separate
circuits for charging infrastructure, as appropriate, in new
construction and major renovations of private residences,
buildings, or other structures that could provide publicly
available charging infrastructure;
(B) model construction permitting or inspection processes
that allow for the expedited installation of charging
infrastructure for purchasers of plug-in electric drive
vehicles (including a permitting process that allows a
vehicle purchaser to have charging infrastructure installed
not later than 1 week after a request); and
(C) model zoning, parking rules, or other local ordinances
that--
(i) facilitate the installation of publicly available
charging infrastructure, including commercial entities that
provide public access to infrastructure; and
(ii) allow for access to publicly available charging
infrastructure.
(2) Optional adoption.--An applicant for selection for
technical assistance under this section or as a deployment
community under section 2016 shall not be required to use the
model building codes, permitting and inspection processes, or
zoning, parking rules, or other ordinances included in the
report under paragraph (1).
(3) Smart grid integration.--In developing the model codes
or ordinances described in paragraph (1), the Secretary shall
consider smart grid integration.
SEC. 2014. WORKFORCE TRAINING.
(a) Maintenance and Support.--
(1) In general.--The Secretary, in consultation with the
Committee and the Task Force, shall award grants to
institutions of higher education and other qualified training
and education institutions for the establishment of programs
to provide training and education for vocational workforce
development through centers of excellence.
(2) Purpose.--Training funded under this subsection shall
be intended to ensure that the workforce has the necessary
skills needed to work on and maintain plug-in electric drive
vehicles and the infrastructure required to support plug-in
electric drive vehicles.
(3) Scope.--Training funded under this subsection shall
include training for--
(A) first responders;
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(B) electricians and contractors who will be installing
infrastructure;
(C) engineers;
(D) code inspection officials; and
(E) dealers and mechanics.
(b) Design.--The Secretary shall award grants to
institutions of higher education and other qualified training
and education institutions for the establishment of programs
to provide training and education in designing plug-in
electric drive vehicles and associated components and
infrastructure to ensure that the United States can lead the
world in this field.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000.
SEC. 2015. FEDERAL FLEETS.
(a) In General.--Electricity consumed by Federal agencies
to fuel plug-in electric drive vehicles--
(1) is an alternative fuel (as defined in section 301 of
the Energy Policy Act of 1992 (42 U.S.C. 13218)); and
(2) shall be accounted for under Federal fleet management
reporting requirements, not under Federal building management
reporting requirements.
(b) Assessment and Report.--Not later than 180 days after
the date of enactment of this Act and every 3 years
thereafter, the Federal Energy Management Program and the
General Services Administration, in consultation with the
Task Force, shall complete an assessment of Federal
Government fleets, including the Postal Service and the
Department of Defense, and submit a report to Congress that
describes--
(1) for each Federal agency, which types of vehicles the
agency uses that would or would not be suitable for near-term
and medium-term conversion to plug-in electric drive
vehicles, taking into account the types of vehicles for which
plug-in electric drive vehicles could provide comparable
functionality and lifecycle costs;
(2) how many plug-in electric drive vehicles could be
deployed by the Federal Government in 5 years and in 10
years, assuming that plug-in electric drive vehicles are
available and are purchased when new vehicles are needed or
existing vehicles are replaced;
(3) the estimated cost to the Federal Government for
vehicle purchases under paragraph (2); and
(4) a description of any updates to the assessment based on
new market data.
(c) Inventory and Data Collection.--
(1) In general.--In carrying out the assessment and report
under subsection (b), the Federal Energy Management Program,
in consultation with the General Services Administration,
shall--
(A) develop an information request for each agency that
operates a fleet of at least 20 motor vehicles; and
(B) establish guidelines for each agency to use in
developing a plan to deploy plug-in electric drive vehicles.
(2) Agency responses.--Each agency that operates a fleet of
at least 20 motor vehicles shall--
(A) collect information on the vehicle fleet of the agency
in response to the information request described in paragraph
(1); and
(B) develop a plan to deploy plug-in electric drive
vehicles.
(3) Analysis of responses.--The Federal Energy Management
Program shall--
(A) analyze the information submitted by each agency under
paragraph (2);
(B) approve or suggest amendments to the plan of each
agency to ensure that the plan is consistent with the goals
and requirements of this title; and
(C) submit a plan to Congress and the General Services
Administration to be used in developing the pilot program
described in subsection (e).
(d) Budget Request.--Each agency of the Federal Government
shall include plug-in electric drive vehicle purchases
identified in the report under subsection (b) in the budget
of the agency to be included in the budget of the United
States Government submitted by the President under section
1105 of title 31, United States Code.
(e) Pilot Program To Deploy Plug-In Electric Drive Vehicles
in the Federal Fleet.--
(1) Program.--
(A) In general.--The Administrator of General Services
shall acquire plug-in electric drive vehicles and the
requisite charging infrastructure to be deployed in a range
of locations in Federal Government fleets, which may include
the United States Postal Service and the Department of
Defense, during the 5-year period beginning on the date of
enactment of this Act.
(B) Expenditures.--To the maximum extent practicable,
expenditures under this paragraph should make a contribution
to the advancement of manufacturing of electric drive
components and vehicles in the United States.
(2) Data collection.--The Administrator of General Services
shall collect data regarding--
(A) the cost, performance, and use of plug-in electric
drive vehicles in the Federal fleet;
(B) the deployment and integration of plug-in electric
drive vehicles in the Federal fleet; and
(C) the contribution of plug-in electric drive vehicles in
the Federal fleet toward reducing the use of fossil fuels and
greenhouse gas emissions.
(3) Report.--Not later than 6 years after the date of
enactment of this Act, the Administrator of General Services
shall submit to the appropriate committees of Congress a
report that--
(A) describes the status of plug-in electric drive vehicles
in the Federal fleet; and
(B) includes an analysis of the data collected under this
subsection.
(4) Public web site.--The Federal Energy Management Program
shall maintain and regularly update a publicly available Web
site that provides information on the status of plug-in
electric drive vehicles in the Federal fleet.
(f) Acquisition Priority.--Section 507(g) of the Energy
Policy Act of 1992 (42 U.S.C. 13257(g)) is amended by adding
at the end the following:
``(5) Priority.--The Secretary shall, to the maximum extent
practicable, prioritize the acquisition of plug-in electric
drive vehicles (as defined in section 131(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011(a))
over nonelectric alternative fueled vehicles.''.
(g) Authorization of Appropriations.--There is authorized
to be appropriated for use by the Federal Government in
paying incremental costs to purchase or lease plug-in
electric drive vehicles and the requisite charging
infrastructure for Federal fleets $25,000,000.
SEC. 2016. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT
COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the national
plug-in electric drive deployment program established under
section 2011 a targeted plug-in electric drive vehicle
deployment communities program (referred to in this section
as the ``Program'').
(2) Existing activities.--In carrying out the Program, the
Secretary shall coordinate and supplement, not supplant, any
ongoing plug-in electric drive deployment activities under
section 131 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17011).
(3) Phase 1.--
(A) In general.--The Secretary shall establish a
competitive process to select phase 1 deployment communities
for the Program.
(B) Eligible entities.--In selecting participants for the
Program under paragraph (1), the Secretary shall only
consider applications submitted by State, tribal, or local
government entities (or groups of State, tribal, or local
government entities).
(C) Selection.--Not later than 1 year after the date of
enactment of this Act and not later than 1 year after the
date on which any subsequent amounts are appropriated for the
Program, the Secretary shall select the phase 1 deployment
communities under this paragraph.
(D) Termination.--Phase 1 of the Program shall be carried
out for a 3-year period beginning on the date funding under
this title is first provided to the deployment community.
(4) Phase 2.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that analyzes the lessons learned in phase I and,
if, based on the phase I analysis, the Secretary determines
that a phase II program is warranted, makes recommendations
and describes a plan for phase II, including--
(A) recommendations regarding--
(i) options for the number of additional deployment
communities that should be selected;
(ii) the manner in which criteria for selection should be
updated;
(iii) the manner in which incentive structures for phase 2
deployment should be changed; and
(iv) whether other forms of onboard energy storage for
electric drive vehicles, such as fuel cells, should be
included in phase 2; and
(B) a request for appropriations to implement phase 2 of
the Program.
(b) Goals.--The goals of the Program are--
(1) to facilitate the rapid deployment of plug-in electric
drive vehicles, including--
(A) the deployment of 400,000 plug-in electric drive
vehicles in phase 1 in the deployment communities selected
under paragraph (2);
(B) the near-term achievement of significant market
penetration in deployment communities; and
(C) supporting the achievement of significant market
penetration nationally;
(2) to establish models for the rapid deployment of plug-in
electric drive vehicles nationally, including for the
deployment of single-family and multifamily residential,
workplace, and publicly available charging infrastructure;
(3) to increase consumer knowledge and acceptance of, and
exposure to, plug-in electric drive vehicles;
(4) to encourage the innovation and investment necessary to
achieve mass market deployment of plug-in electric drive
vehicles;
(5) to demonstrate the integration of plug-in electric
drive vehicles into electricity distribution systems and the
larger electric grid while maintaining or improving grid
system performance and reliability;
(6) to demonstrate protocols and communication standards
that facilitate vehicle integration into the grid and provide
seamless charging for consumers traveling through multiple
utility distribution systems;
(7) to investigate differences among deployment communities
and to develop best practices for implementing vehicle
electrification in various communities, including best
practices for planning for and facilitating the construction
of residential, workplace, and publicly available
infrastructure to support plug-in electric drive vehicles;
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(8) to collect comprehensive data on the purchase and use
of plug-in electric drive vehicles, including charging
profile data at unit and aggregate levels, to inform best
practices for rapidly deploying plug-in electric drive
vehicles in other locations, including for the installation
of charging infrastructure;
(9) to reduce and displace petroleum use and reduce
greenhouse gas emissions by accelerating the deployment of
plug-in electric drive vehicles in the United States; and
(10) to increase domestic manufacturing capacity and
commercialization in a manner that will establish the United
States as a world leader in plug-in electric drive vehicle
technologies.
(c) Phase 1 Deployment Community Selection Criteria.--
(1) In general.--The Secretary shall ensure, to the maximum
extent practicable, that selected deployment communities in
phase 1 serve as models of deployment for various communities
across the United States.
(2) Selection.--In selecting communities under this
section, the Secretary--
(A) shall ensure, to the maximum extent practicable, that--
(i) the combination of selected communities is diverse in
population density, demographics, urban and suburban
composition, typical commuting patterns, climate, and type of
utility (including investor-owned, publicly-owned,
cooperatively-owned, distribution-only, and vertically
integrated utilities);
(ii) the combination of selected communities is diverse in
geographic distribution, and at least 1 deployment community
is located in each Petroleum Administration for Defense
District;
(iii) at least 1 community selected has a population of
less than 125,000;
(iv) grants are of a sufficient amount such that each
deployment community will achieve significant market
penetration; and
(v) the deployment communities are representative of other
communities across the United States;
(B) is encouraged to select a combination of deployment
communities that includes multiple models or approaches for
deploying plug-in electric drive vehicles that the Secretary
believes are reasonably likely to be effective, including
multiple approaches to the deployment of charging
infrastructure;
(C) in addition to the criteria described in subparagraph
(A), may give preference to applicants proposing a greater
non-Federal cost share; and
(D) when considering deployment community plans, shall take
into account previous Department of Energy and other Federal
investments to ensure that the maximum domestic benefit from
Federal investments is realized.
(3) Criteria.--
(A) In general.--Not later than 120 days after the date of
enactment of this Act, and not later than 90 days after the
date on which any subsequent amounts are appropriated for the
Program, the Secretary shall publish criteria for the
selection of deployment communities that include requirements
that applications be submitted by a State, tribal, or local
government entity (or groups of State, tribal, or local
government entities).
(B) Application requirements.--The criteria published by
the Secretary under subparagraph (A) shall include
application requirements that, at a minimum, include--
(i) goals for--
(I) the number of plug-in electric drive vehicles to be
deployed in the community;
(II) the expected percentage of light-duty vehicle sales
that would be sales of plug-in electric drive vehicles; and
(III) the adoption of plug-in electric drive vehicles
(including medium- or heavy-duty vehicles) in private and
public fleets during the 3-year duration of the Program;
(ii) data that demonstrate that--
(I) the public is likely to embrace plug-in electric drive
vehicles, which may include--
(aa) the quantity of plug-in electric drive vehicles
purchased;
(bb) the number of individuals on a waiting list to
purchase a plug-in electric drive vehicle;
(cc) projections of the quantity of plug-in electric drive
vehicles supplied to dealers; and
(dd) any assessment of the quantity of charging
infrastructure installed or for which permits have been
issued; and
(II) automobile manufacturers and dealers will be able to
provide and service the targeted number of plug-in electric
drive vehicles in the community for the duration of the
program;
(iii) clearly defined geographic boundaries of the proposed
deployment area;
(iv) a community deployment plan for the deployment of
plug-in electric drive vehicles, charging infrastructure, and
services in the deployment community;
(v) assurances that a majority of the vehicle deployments
anticipated in the plan will be personal vehicles authorized
to travel on the United States Federal-aid system of
highways, and secondarily, private or public sector plug-in
electric drive fleet vehicles, but may also include--
(I) medium- and heavy-duty plug-in hybrid vehicles;
(II) low speed plug-in electric drive vehicles that meet
Federal Motor Vehicle Safety Standards described in section
571.500 of title 49, Code of Federal Regulations; and
(III) any other plug-in electric drive vehicle authorized
to travel on the United States Federal-aid system of
highways; and
(vi) any other merit-based criteria, as determined by the
Secretary.
(4) Community deployment plans.--Plans for the deployment
of plug-in electric drive vehicles shall include--
(A) a proposed level of cost sharing in accordance with
subsection (d)(2)(C);
(B) documentation demonstrating a substantial partnership
with relevant stakeholders, including--
(i) a list of stakeholders that includes--
(I) elected and appointed officials from each of the
participating State, local, and tribal governments;
(II) all relevant generators and distributors of
electricity;
(III) State utility regulatory authorities;
(IV) departments of public works and transportation;
(V) owners and operators of property that will be essential
to the deployment of a sufficient level of publicly available
charging infrastructure (including privately owned parking
lots or structures and commercial entities with public access
locations);
(VI) plug-in electric drive vehicle manufacturers or
retailers;
(VII) third-party providers of residential, workplace,
private, and publicly available charging infrastructure or
services;
(VIII) owners of any major fleet that will participate in
the program;
(IX) as appropriate, owners and operators of regional
electric power distribution and transmission facilities; and
(X) as appropriate, other existing community coalitions
recognized by the Department of Energy;
(ii) evidence of the commitment of the stakeholders to
participate in the partnership;
(iii) a clear description of the role and responsibilities
of each stakeholder; and
(iv) a plan for continuing the engagement and participation
of the stakeholders, as appropriate, throughout the
implementation of the deployment plan;
(C) a description of the number of plug-in electric drive
vehicles anticipated to be plug-in electric drive personal
vehicles and the number of plug-in electric drive vehicles
anticipated to be privately owned fleet or public fleet
vehicles;
(D) a plan for deploying residential, workplace, private,
and publicly available charging infrastructure, including--
(i) an assessment of the number of consumers who will have
access to private residential charging infrastructure in
single-family or multifamily residences;
(ii) options for accommodating plug-in electric drive
vehicle owners who are not able to charge vehicles at their
place of residence;
(iii) an assessment of the number of consumers who will
have access to workplace charging infrastructure;
(iv) a plan for ensuring that the charging infrastructure
or plug-in electric drive vehicle be able to send and receive
the information needed to interact with the grid and be
compatible with smart grid technologies to the extent
feasible;
(v) an estimate of the number and dispersion of publicly
and privately owned charging stations that will be publicly
or commercially available;
(vi) an estimate of the quantity of charging infrastructure
that will be privately funded or located on private property;
and
(vii) a description of equipment to be deployed, including
assurances that, to the maximum extent practicable, equipment
to be deployed will meet open, nonproprietary standards for
connecting to plug-in electric drive vehicles that are
either--
(I) commonly accepted by industry at the time the equipment
is being acquired; or
(II) meet the standards developed by the Director of the
National Institute of Standards and Technology under section
1305 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17385);
(E) a plan for effective marketing of and consumer
education relating to plug-in electric drive vehicles,
charging services, and infrastructure;
(F) descriptions of updated building codes (or a plan to
update building codes before or during the grant period) to
include charging infrastructure or dedicated circuits for
charging infrastructure, as appropriate, in new construction
and major renovations;
(G) descriptions of updated construction permitting or
inspection processes (or a plan to update construction
permitting or inspection processes) to allow for expedited
installation of charging infrastructure for purchasers of
plug-in electric drive vehicles, including a permitting
process that allows a vehicle purchaser to have charging
infrastructure installed in a timely manner;
(H) descriptions of updated zoning, parking rules, or other
local ordinances as are necessary to facilitate the
installation of publicly available charging infrastructure
and to allow for access to publicly available charging
infrastructure, as appropriate;
(I) a plan to ensure that each resident in a deployment
community who purchases and registers a new plug-in electric
drive vehicle throughout the duration of the deployment
community receives, in addition to any Federal incentives,
consumer benefits that may include--
[[Page S7274]]
(i) a rebate of part of the purchase price of the vehicle;
(ii) reductions in sales taxes or registration fees;
(iii) rebates or reductions in the costs of permitting,
purchasing, or installing home plug-in electric drive vehicle
charging infrastructure; and
(iv) rebates or reductions in State or local toll road
access charges;
(J) additional consumer benefits, such as preferred parking
spaces or single-rider access to high-occupancy vehicle lanes
for plug-in electric drive vehicles;
(K) a proposed plan for making necessary utility and grid
upgrades, including economically sound and cybersecure
information technology upgrades and employee training, and a
plan for recovering the cost of the upgrades;
(L) a description of utility, grid operator, or third-party
charging service provider, policies and plans for
accommodating the deployment of plug-in electric drive
vehicles, including--
(i) rate structures or provisions and billing protocols for
the charging of plug-in electric drive vehicles;
(ii) analysis of potential impacts to the grid;
(iii) plans for using information technology or third-party
aggregators--
(I) to minimize the effects of charging on peak loads;
(II) to enhance reliability; and
(III) to provide other grid benefits;
(iv) plans for working with smart grid technologies or
third-party aggregators for the purposes of smart charging
and for allowing 2-way communication;
(M) a deployment timeline;
(N) a plan for monitoring and evaluating the implementation
of the plan, including metrics for assessing the success of
the deployment and an approach to updating the plan, as
appropriate; and
(O) a description of the manner in which any grant funds
applied for under subsection (d) will be used and the
proposed local cost share for the funds.
(d) Phase 1 Applications and Grants.--
(1) Applications.--
(A) In general.--Not later than 150 days after the date of
publication by the Secretary of selection criteria described
in subsection (c)(3), any State, tribal, or local government,
or group of State, tribal, or local governments may apply to
the Secretary to become a deployment community.
(B) Joint sponsorship.--
(i) In general.--An application submitted under
subparagraph (A) may be jointly sponsored by electric
utilities, automobile manufacturers, technology providers,
carsharing companies or organizations, third-party plug-in
electric drive vehicle service providers, or other
appropriated entities.
(ii) Disbursement of grants.--A grant provided under this
subsection shall only be disbursed to a State, tribal, or
local government, or group of State, tribal, or local
governments, regardless of whether the application is jointly
sponsored under clause (i).
(2) Grants.--
(A) In general.--In each application, the applicant may
request up to $100,000,000 in financial assistance from the
Secretary to fund projects in the deployment community.
(B) Use of funds.--Funds provided through a grant under
this paragraph may be used to help implement the plan for the
deployment of plug-in electric drive vehicles included in the
application, including--
(i) planning for and installing charging infrastructure,
including offering additional incentives as described in
subsection (c)(4)(I);
(ii) updating building codes, zoning or parking rules, or
permitting or inspection processes as described in
subparagraphs (F), (G), and (H) of subsection (c)(4);
(iii) reducing the cost and increasing the consumer
adoption of plug-in electric drive vehicles through
incentives as described in subsection (c)(4)(I);
(iv) workforce training, including training of permitting
officials;
(v) public education and marketing described in the
proposed marketing plan;
(vi) shifting State, tribal, or local government fleets to
plug-in electric drive vehicles, at a rate in excess of the
existing alternative fueled fleet vehicle acquisition
requirements for Federal fleets under section 303(b)(1)(D) of
the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
(vii) necessary utility and grid upgrades as described in
subsection (c)(4)(K).
(C) Cost-sharing.--
(i) In general.--A grant provided under this paragraph
shall be subject to a minimum non-Federal cost-sharing
requirement of 20 percent.
(ii) Non-federal sources.--The Secretary shall--
(I) determine the appropriate cost share for each selected
applicant; and
(II) require that the Federal contribution to total
expenditures on activities described in clauses (ii), (iv),
(v), and (vi) of subparagraph (B) not exceed 30 percent.
(iii) Reduction.--The Secretary may reduce or eliminate the
cost-sharing requirement described in clause (i), as the
Secretary determines to be necessary.
(iv) Calculation of amount.--In calculating the amount of
the non-Federal share under this section, the Secretary--
(I) may include allowable costs in accordance with the
applicable cost principles, including--
(aa) cash;
(bb) personnel costs;
(cc) the value of a service, other resource, or third party
in-kind contribution determined in accordance with the
applicable circular of the Office of Management and Budget;
(dd) indirect costs or facilities and administrative costs;
or
(ee) any funds received under the power program of the
Tennessee Valley Authority or any Power Marketing
Administration (except to the extent that such funds are made
available under an annual appropriation Act);
(II) shall include contributions made by State, tribal, or
local government entities and private entities; and
(III) shall not include--
(aa) revenues or royalties from the prospective operation
of an activity beyond the time considered in the grant;
(bb) proceeds from the prospective sale of an asset of an
activity; or
(cc) other appropriated Federal funds.
(v) Repayment of federal share.--The Secretary shall not
require repayment of the Federal share of a cost-shared
activity under this section as a condition of providing a
grant.
(vi) Title to property.--The Secretary may vest title or
other property interests acquired under projects funded under
this title in any entity, including the United States.
(3) Selection.--Not later than 120 days after an
application deadline has been established under paragraph
(1), the Secretary shall announce the names of the deployment
communities selected under this subsection.
(e) Reporting Requirements.--
(1) In general.--The Secretary, in consultation with the
Committee, shall--
(A) determine what data will be required to be collected by
participants in deployment communities and submitted to the
Department to allow for analysis of the deployment
communities;
(B) provide for the protection of consumer privacy, as
appropriate; and
(C) develop metrics to evaluate the performance of the
deployment communities.
(2) Provision of data.--As a condition of participation in
the Program, a deployment community shall provide any data
identified by the Secretary under paragraph (1).
(3) Reports.--Not later than 3 years after the date of
enactment of this Act and again after the completion of the
Program, the Secretary shall submit to Congress a report that
contains--
(A) a description of the status of--
(i) the deployment communities and the implementation of
the deployment plan of each deployment community;
(ii) the rate of vehicle deployment and market penetration
of plug-in electric drive vehicles; and
(iii) the deployment of residential and publicly available
infrastructure;
(B) a description of the challenges experienced and lessons
learned from the program to date, including the activities
described in subparagraph (A); and
(C) an analysis of the data collected under this
subsection.
(f) Proprietary Information.--The Secretary shall, as
appropriate, provide for the protection of proprietary
information and intellectual property rights.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000,000.
(h) Conforming Amendment.--Section 166(b)(5) of title 23,
United States Code, is amended--
(1) in subparagraph (A), by striking ``Before September 30,
2009, the State'' and inserting ``The State''; and
(2) in subparagraph (B), by striking ``Before September 30,
2009, the State'' and inserting ``The State''.
SEC. 2017. FUNDING.
(a) Targeted Plug-in Electric Drive Vehicle Deployment
Communities Program.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out section
2016 $400,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
section 2016 the funds transferred under paragraph (1),
without further appropriation.
(b) Other Provisions.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
subtitle (other than section 2016) $100,000,000, to remain
available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subtitle (other than section 2016) the funds transferred
under paragraph (1), without further appropriation.
Subtitle B--Research and Development
SEC. 2021. RESEARCH AND DEVELOPMENT PROGRAM.
(a) Research and Development Program.--
(1) In general.--The Secretary, in consultation with the
Committee, shall establish a program to fund research and
development in advanced batteries, plug-in electric drive
vehicle components, plug-in electric drive infrastructure,
and other technologies
[[Page S7275]]
supporting the development, manufacture, and deployment of
plug-in electric drive vehicles and charging infrastructure.
(2) Use of funds.--The program may include funding for--
(A) the development of low-cost, smart-charging and
vehicle-to-grid connectivity technology;
(B) the benchmarking and assessment of open software
systems using nationally established evaluation criteria; and
(C) new technologies in electricity storage or electric
drive components for vehicles.
(3) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the status of the program described in
paragraph (1).
(b) Secondary Use Applications Program.--
(1) In general.--The Secretary, in consultation with the
Committee, shall carry out a research, development, and
demonstration program that builds upon any work carried out
under section 915 of the Energy Policy Act of 2005 (42 U.S.C.
16195) and--
(A) identifies possible uses of a vehicle battery after the
useful life of the battery in a vehicle has been exhausted;
(B) assesses the potential for markets for uses described
in subparagraph (A) to develop, as well as any barriers to
the development of the markets;
(C) identifies the infrastructure, technology, and
equipment needed to manage the charging activity of the
batteries used in stationary sources; and
(D) identifies the potential uses of a vehicle battery--
(i) with the most promise for market development; and
(ii) for which market development would be aided by a
demonstration project.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress an initial report on the
findings of the program described in paragraph (1), including
recommendations for stationary energy storage and other
potential applications for batteries used in plug-in electric
drive vehicles.
(c) Secondary Use Demonstration Projects.--
(1) In general.--Based on the results of the program
described in subsection (b), the Secretary, in consultation
with the Committee, shall develop guidelines for projects
that demonstrate the secondary uses of vehicle batteries.
(2) Publication of guidelines.--Not later than 30 months
after the date of enactment of this Act, the Secretary
shall--
(A) publish the guidelines described in paragraph (1); and
(B) solicit applications for funding for demonstration
projects.
(3) Grant program.--Not later than 38 months after the date
of enactment of this Act, the Secretary shall select
proposals for grant funding under this section, based on an
assessment of which proposals are mostly likely to contribute
to the development of a secondary market for batteries.
(d) Materials Recycling Study.--
(1) In general.--The Secretary, in consultation with the
Committee, shall carry out a study on the recycling of
materials from plug-in electric drive vehicles and the
batteries used in plug-in electric drive vehicles.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the findings
of the study described in paragraph (1).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,535,000,000,
including--
(1) $1,500,000,000 for use in conducting the program
described in subsection (a) for fiscal years 2011 through
2020;
(2) $5,000,000 for use in conducting the program described
in subsection (b) for fiscal years 2011 through 2016;
(3) $25,000,000 for use in providing grants described in
subsection (c) for fiscal years 2011 through 2020; and
(4) $5,000,000 for use in conducting the study described in
subsection (d) for fiscal years 2011 through 2013.
SEC. 2022. ADVANCED BATTERIES FOR TOMORROW PRIZE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, as part of the program described in
section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396), the Secretary shall establish the Advanced Batteries
for Tomorrow Prize to competitively award cash prizes in
accordance with this section to advance the research,
development, demonstration, and commercial application of a
500-mile vehicle battery.
(b) Battery Specifications.--
(1) In general.--To be eligible for the Prize, a battery
submitted by an entrant shall be--
(A) able to power a plug-in electric drive vehicle
authorized to travel on the United States Federal-aid system
of highways for at least 500 miles before recharging;
(B) of a size that would not be cost-prohibitive or create
space constraints, if mass-produced; and
(C) cost-effective (measured in cost per kilowatt hour), if
mass-produced.
(2) Additional requirements.--The Secretary, in
consultation with the Committee, shall establish any
additional battery specifications that the Secretary and the
Committee determine to be necessary.
(c) Private Funds.--
(1) In general.--Subject to paragraph (2) and
notwithstanding section 3302 of title 31, United States Code,
the Secretary may accept, retain, and use funds contributed
by any person, government entity, or organization for
purposes of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) Restriction on participation.--An entity providing
private funds for the Prize may not participate in the
competition for the Prize.
(d) Technical Review.--The Secretary, in consultation with
the Committee, shall establish a technical review committee
composed of non-Federal officers to review data submitted by
Prize entrants under this section and determine whether the
data meets the prize specifications described in subsection
(b).
(e) Third Party Administration.--The Secretary may select,
on a competitive basis, a third party to administer awards
provided under this section.
(f) Eligibility.--To be eligible for an award under this
section--
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in
the United States; and
(2) in the case of an individual (whether participating as
a single individual or in a group), the individual shall be a
citizen or lawful permanent resident of the United States.
(g) Award Amounts.--
(1) In general.--Subject to the availability of funds to
carry out this section, the amount of the Prize shall be
$10,000,000.
(2) Breakthrough achievement awards.--In addition to the
award described in paragraph (1), the Secretary, in
consultation with the technical review committee established
under subsection (d), may award cash prizes, in amounts
determined by the Secretary, in recognition of breakthrough
achievements in research, development, demonstration, and
commercial application of--
(A) activities described in subsection (b); or
(B) advances in battery durability, energy density, and
power density.
(h) 500-Mile Battery Award Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``500-mile
Battery Fund'' (referred to in this section as the ``Fund''),
to be administered by the Secretary, to be available without
fiscal year limitation and subject to appropriation, to award
amounts under this section.
(2) Transfers to fund.--The Fund shall consist of--
(A) such amounts as are appropriated to the Fund under
subsection (i); and
(B) such amounts as are described in subsection (c) and
that are provided for the Fund.
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purposes described in
subsection (a).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2012, the
Secretary shall submit a report on the operation of the Fund
during the fiscal year to--
(i) the Committees on Appropriations of the House of
Representatives and of the Senate;
(ii) the Committee on Energy and Natural Resources of the
Senate; and
(iii) the Committee on Energy and Commerce of the House of
Representatives.
(B) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(i) A statement of the amounts deposited into the Fund.
(ii) A description of the expenditures made from the Fund
for the fiscal year, including the purpose of the
expenditures.
(iii) Recommendations for additional authorities to fulfill
the purpose of the Fund.
(iv) A statement of the balance remaining in the Fund at
the end of the fiscal year.
(5) Separate appropriations account.--Section 1105(a) of
title 31, United States Code, is amended--
(A) by redesignating paragraphs (35) and (36) as paragraphs
(36) and (37), respectively;
(B) by redesignating the second paragraph (33) (relating to
obligational authority and outlays requested for homeland
security) as paragraph (35); and
(C) by adding at the end the following:
``(38) a separate statement for the 500-mile Battery Fund
established under section 2022(h) of the Promoting Natural
Gas and Electric Vehicles Act of 2010, which shall include
the estimated amount of deposits into the Fund, obligations,
and outlays from the Fund.''.
(i) Authorization of Appropriations.--There is authorized
to be appropriated--
(1) $10,000,000 to carry out subsection (g)(1); and
(2) $1,000,000 to carry out subsection (g)(2).
SEC. 2023. STUDY ON THE SUPPLY OF RAW MATERIALS.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretary and the Task Force, shall
conduct a study that--
(1) identifies the raw materials needed for the manufacture
of plug-in electric drive
[[Page S7276]]
vehicles, batteries, and other components for plug-in
electric drive vehicles, and for the infrastructure needed to
support plug-in electric drive vehicles;
(2) describes the primary or original sources and known
reserves and resources of those raw materials;
(3) assesses, in consultation with the National Academy of
Sciences, the degree of risk to the manufacture, maintenance,
deployment, and use of plug-in electric drive vehicles
associated with the supply of those raw materials; and
(4) identifies pathways to securing reliable and resilient
supplies of those raw materials.
(b) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior shall
submit to Congress a report that describes the results of the
study.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this subsection $1,500,000.
SEC. 2024. STUDY ON THE COLLECTION AND PRESERVATION OF DATA
COLLECTED FROM PLUG-IN ELECTRIC DRIVE VEHICLES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Committee, shall enter into an agreement with the
National Academy of Sciences under which the Academy shall
conduct a study that--
(1) identifies--
(A) the data that may be collected from plug-in electric
drive vehicles, including data on the location, charging
patterns, and usage of plug-in electric drive vehicles;
(B) the scientific, economic, commercial, security, and
historic potential of the data described in subparagraph (A);
and
(C) any laws or regulations that relate to the data
described in subparagraph (A); and
(2) analyzes and provides recommendations on matters that
include procedures, technologies, and rules relating to the
collection, storage, and preservation of the data described
in paragraph (1)(A).
(b) Report.--Not later than 15 months after the date of an
agreement between the Secretary and the Academy under
subsection (a), the National Academy of Sciences shall submit
to the appropriate committees of Congress a report that
describes the results of the study under subsection (a).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000.
Subtitle C--Miscellaneous
SEC. 2031. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE
VEHICLES.
(a) In General.--The Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2601 et seq.) is amended--
(1) in section 111(d) (16 U.S.C. 2621(d)), by adding at the
end the following:
``(20) Plug-in electric drive vehicle planning.--
``(A) Utility plan for plug-in electric drive vehicles.--
``(i) In general.--Not later than 2 years after the date of
enactment of this paragraph, each electric utility shall
develop a plan to support the use of plug-in electric drive
vehicles, including medium- and heavy-duty hybrid electric
vehicles in the service area of the electric utility.
``(ii) Requirements.--A plan under clause (i) shall
investigate--
``(I) various levels of potential penetration of plug-in
electric drive vehicles in the utility service area;
``(II) the potential impacts that the various levels of
penetration and charging scenarios (including charging rates
and daily hours of charging) would have on generation,
distribution infrastructure, and the operation of the
transmission grid; and
``(III) the role of third parties in providing reliable and
economical charging services.
``(iii) Waiver.--
``(I) In general.--An electric utility that determines that
the electric utility will not be impacted by plug-in electric
drive vehicles during the 5-year period beginning on the date
of enactment of this paragraph may petition the Secretary to
waive clause (i) for 5 years.
``(II) Approval.--Approval of a waiver under subclause (I)
shall be in the sole discretion of the Secretary.
``(iv) Updates.--
``(I) In general.--Each electric utility shall update the
plan of the electric utility every 5 years.
``(II) Resubmission of waiver.--An electric utility that
received a waiver under clause (iii) and wants the waiver to
continue after the expiration of the waiver shall be required
to resubmit the waiver.
``(v) Exemption.--If the Secretary determines that a plan
required by a State regulatory authority meets the
requirements of this paragraph, the Secretary may accept that
plan and exempt the electric utility submitting the plan from
the requirements of clause (i).
``(B) Support requirements.--Each State regulatory
authority (in the case of each electric utility for which the
authority has ratemaking authority) and each municipal and
cooperative utility shall--
``(i) participate in any local plan for the deployment of
recharging infrastructure in communities located in the
footprint of the authority or utility;
``(ii) require that charging infrastructure deployed is
interoperable with products of all auto manufacturers to the
maximum extent practicable; and
``(iii) consider adopting minimum requirements for
deployment of electrical charging infrastructure and other
appropriate requirements necessary to support the use of
plug-in electric drive vehicles.
``(C) Cost recovery.--Each State regulatory authority (in
the case of each electric utility for which the authority has
ratemaking authority) and each municipal and cooperative
utility may consider whether, and to what extent, to allow
cost recovery for plans and implementation of plans.
``(D) Determination.--Not later than 3 years after the date
of enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for which
the authority has ratemaking authority), and each municipal
and cooperative electric utility, shall complete the
consideration, and shall make the determination, referred to
in subsection (a) with respect to the standard established by
this paragraph.'';
(2) in section 112(c) (16 U.S.C. 2622(c))--
(A) in the first sentence, by striking ``Each State'' and
inserting the following:
``(1) In general.--Each State'';
(B) in the second sentence, by striking ``In the case'' and
inserting the following:
``(2) Specific standards.--
``(A) Net metering and fossil fuel generation efficiency.--
In the case'';
(C) in the third sentence, by striking ``In the case'' and
inserting the following:
``(B) Time-based metering and communications.--In the
case'';
(D) in the fourth sentence--
(i) by striking ``In the case'' and inserting the
following:
``(C) Interconnection.--In the case''; and
(ii) by striking ``paragraph (15)'' and inserting
``paragraph (15) of section 111(d)'';
(E) in the fifth sentence, by striking ``In the case'' and
inserting the following:
``(D) Integrated resource planning, rate design
modifications, smart grid investments, smart grid
information.--In the case''; and
(F) by adding at the end the following:
``(E) Plug-in electric drive vehicle planning.--In the case
of the standards established by paragraph (20) of section
111(d), the reference contained in this subsection to the
date of enactment of this Act shall be deemed to be a
reference to the date of enactment of that paragraph.''; and
(3) in section 112(d) (16 U.S.C. 2622(d)), in the matter
preceding paragraph (1), by striking ``(19)'' and inserting
``(20)''.
(b) Report.--
(1) In general.--The Secretary, in consultation with the
Technical Advisory Committee, shall convene a group of
utility stakeholders, charging infrastructure providers,
third party aggregators, and others, as appropriate, to
discuss and determine the potential models for the
technically and logistically challenging issues involved in
using electricity as a fuel for vehicles, including--
(A) accommodation for billing for charging a plug-in
electric drive vehicle, both at home and at publicly
available charging infrastructure;
(B) plans for anticipating vehicle to grid applications
that will allow batteries in cars as well as banks of
batteries to be used for grid storage, ancillary services
provision, and backup power;
(C) integration of plug-in electric drive vehicles with
smart grid, including protocols and standards, necessary
equipment, and information technology systems; and
(D) any other barriers to installing sufficient and
appropriate charging infrastructure.
(2) Report.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that includes--
(A) the issues and model solutions described in paragraph
(1); and
(B) any other issues that the Task Force and Secretary
determine to be appropriate.
SEC. 2032. LOAN GUARANTEES.
(a) Loan Guarantees for Advanced Battery Purchases for Use
in Stationary Applications.--Subtitle B of title I of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17011
et seq.) is amended by adding at the end the following:
``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.
``(a) Definitions.--In this section:
``(1) Qualified automotive battery.--The term `qualified
automotive battery' means a battery that--
``(A) has at least 4 kilowatt hours of battery capacity;
and
``(B) is designed for use in qualified plug-in electric
drive motor vehicles but is purchased for nonautomotive
applications.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an original equipment manufacturer;
``(B) an electric utility;
``(C) any provider of range extension infrastructure; or
``(D) any other qualified entity, as determined by the
Secretary.
``(b) Loan Guarantees.--
``(1) In general.--The Secretary shall guarantee loans made
to eligible entities for the aggregate purchase of not less
than 200 qualified automotive batteries in a calendar year
that have a total minimum power rating of 1 megawatt and use
advanced battery technology.
[[Page S7277]]
``(2) Restriction.--As a condition of receiving a loan
guarantee under this section, an entity purchasing qualified
automotive batteries with loan funds guaranteed under this
section shall comply with the provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
``(c) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000.''.
(b) Loan Guarantees for Charging Infrastructure.--Section
1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a))
is amended by adding at the end the following:
``(4) Charging infrastructure and networks of charging
infrastructure for plug-in drive electric vehicles, if the
charging infrastructure will be operational prior to December
31, 2016.''.
SEC. 2033. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN
LANDFILLS.
(a) Definition of Advanced Battery.--
(1) In general.--In this section, the term ``advanced
battery'' means a battery that is a secondary (rechargeable)
electrochemical energy storage device that has enhanced
energy capacity.
(2) Exclusions.--The term ``advanced battery'' does not
include--
(A) a primary (nonrechargeable) battery; or
(B) a lead-acid battery that is used to start or serve as
the principal electrical power source for a plug-in electric
drive vehicle.
(b) Requirement.--An advanced battery from a plug-in
electric drive vehicle shall be disposed of in accordance
with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly known as the ``Resource Conservation and Recovery
Act of 1976'').
SEC. 2034. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY
COMMITTEE.
(a) In General.--There is established the Plug-in Electric
Drive Vehicle Technical Advisory Committee to advise the
Secretary on the programs and activities under this title.
(b) Mission.--The mission of the Committee shall be to
advise the Secretary on technical matters, including--
(1) the priorities for research and development;
(2) means of accelerating the deployment of safe,
economical, and efficient plug-in electric drive vehicles for
mass market adoption;
(3) the development and deployment of charging
infrastructure;
(4) the development of uniform codes, standards, and safety
protocols for plug-in electric drive vehicles and charging
infrastructure; and
(5) reporting on the competitiveness of the United States
in plug-in electric drive vehicle and infrastructure
research, manufacturing, and deployment.
(c) Membership.--
(1) Members.--
(A) In general.--The Committee shall consist of not less
than 12, but not more than 25, members.
(B) Representation.--The Secretary shall appoint the
members to Committee from among representatives of--
(i) domestic industry;
(ii) institutions of higher education;
(iii) professional societies;
(iv) Federal, State, and local governmental agencies
(including the National Laboratories); and
(v) financial, transportation, labor, environmental,
electric utility, or other appropriate organizations or
individuals with direct experience in deploying and marketing
plug-in electric drive vehicles, as the Secretary determines
to be necessary.
(2) Terms.--
(A) In general.--The term of a Committee member shall not
be longer than 3 years.
(B) Staggered terms.--The Secretary may appoint members to
the Committee for differing term lengths to ensure continuity
in the functioning of the Committee.
(C) Reappointments.--A member of the Committee whose term
is expiring may be reappointed.
(3) Chairperson.--The Committee shall have a chairperson,
who shall be elected by and from the members.
(d) Review.--The Committee shall review and make
recommendations to the Secretary on the implementation of
programs and activities under this title.
(e) Response.--
(1) In general.--The Secretary shall consider and may adopt
any recommendation of the Committee under subsection (c).
(2) Biennial report.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report describing any new recommendations of the
Committee.
(B) Contents.--The report shall include--
(i) a description of the manner in which the Secretary has
implemented or plans to implement the recommendations of the
Committee; or
(ii) an explanation of the reason that a recommendation of
the Committee has not been implemented.
(C) Timing.--The report described in this paragraph shall
be submitted by the Secretary at the same time the President
submits the budget proposal for the Department of Energy to
Congress.
(f) Coordination.--The Committee shall--
(1) hold joint annual meetings with the Hydrogen and Fuel
Cell Technical Advisory Committee established by section 807
of the Energy Policy Act of 2005 (42 U.S.C. 16156) to help
coordinate the work and recommendations of the Committees;
and
(2) coordinate efforts, to the maximum extent practicable,
with all existing independent, departmental, and other
advisory Committees, as determined to be appropriate by the
Secretary.
(g) Support.--The Secretary shall provide to the Committee
the resources necessary to carry out this section, as
determined to be necessary by the Secretary.
SEC. 2035. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK
FORCE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the President shall establish the
Plug-in Electric Drive Vehicle Interagency Task Force, to be
chaired by the Secretary and which shall consist of at least
1 representative from each of--
(1) the Office of Science and Technology Policy;
(2) the Council on Environmental Quality;
(3) the Department of Energy;
(4) the Department of Transportation;
(5) the Department of Defense;
(6) the Department of Commerce (including the National
Institute of Standards and Technology);
(7) the Environmental Protection Agency;
(8) the General Services Administration; and
(9) any other Federal agencies that the President
determines to be appropriate.
(b) Mission.--The mission of the Task Force shall be to
ensure awareness, coordination, and integration of the
activities of the Federal Government relating to plug-in
electric drive vehicles, including--
(1) plug-in electric drive vehicle research and development
(including necessary components);
(2) the development of widely accepted smart-grid standards
and protocols for charging infrastructure;
(3) the relationship of plug-in electric drive vehicle
charging practices to electric utility regulation;
(4) the relationship of plug-in electric drive vehicle
deployment to system reliability and security;
(5) the general deployment of plug-in electric drive
vehicles in the Federal, State, and local governments and for
private use;
(6) the development of uniform codes, standards, and safety
protocols for plug-in electric drive vehicles and charging
infrastructure; and
(7) the alignment of international plug-in electric drive
vehicle standards.
(c) Activities.--
(1) In general.--In carrying out this section, the Task
Force may--
(A) organize workshops and conferences;
(B) issue publications; and
(C) create databases.
(2) Mandatory activities.--In carrying out this section,
the Task Force shall--
(A) foster the exchange of generic, nonproprietary
information and technology among industry, academia, and the
Federal Government;
(B) integrate and disseminate technical and other
information made available as a result of the programs and
activities under this title;
(C) support education about plug-in electric drive
vehicles;
(D) monitor, analyze, and report on the effects of plug-in
electric drive vehicle deployment on the environment and
public health, including air emissions from vehicles and
electricity generating units; and
(E) review and report on--
(i) opportunities to use Federal programs (including laws,
regulations, and guidelines) to promote the deployment of
plug-in electric drive vehicles; and
(ii) any barriers to the deployment of plug-in electric
drive vehicles, including barriers that are attributable to
Federal programs (including laws, regulations, and
guidelines).
(d) Agency Cooperation.--A Federal agency--
(1) shall cooperate with the Task Force; and
(2) provide, on request of the Task Force, appropriate
assistance in carrying out this section, in accordance with
applicable Federal laws (including regulations).
TITLE III--OIL SPILL LIABILITY TRUST FUND
SEC. 3001. MODIFICATIONS WITH RESPECT TO OIL SPILL LIABILITY
TRUST FUND.
(a) Increase in Oil Spill Liability Trust Fund Financing
Rate.--Subparagraph (B) of section 4611(c)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(B) the Oil Spill Liability Trust Fund financing rate is
21 cents a barrel.''.
(b) Effective Date.--The amendment made by this section
shall apply to crude oil received and petroleum products
entered during calendar quarters beginning more than 60 days
after the date of the enactment of this Act.
______
By Mr. DURBIN (for himself, Mr. Reid, Mr. Schumer, and Mr.
Dorgan):
[[Page S7278]]
S. 3816. A bill to amend the Internal Revenue Code of 1986 to create
American jobs and to prevent the offshoring of such jobs overseas; read
the first time.
Mr. DURBIN. 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. 3816
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 ``Creating American Jobs and
Ending Offshoring Act''.
TITLE I--INCENTIVES TO CREATE AMERICAN JOBS
SEC. 101. PAYROLL TAX HOLIDAY FOR EMPLOYERS MOVING JOBS TO
THE UNITED STATES FROM OVERSEAS.
(a) In General.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Special Exemption for Certain Individuals Hired to
Replace Employees Whose Jobs Were Overseas.--
``(1) In general.--Subsection (a) shall not apply to wages
paid by a qualified employer with respect to employment
during the applicable 24-month period with respect to any
qualified replacement individual for services performed--
``(A) in a trade or business of such qualified employer, or
``(B) in the case of a qualified employer exempt from tax
under section 501(a), in furtherance of the activities
related to the purpose or function constituting the basis of
the employer's exemption under section 501.
``(2) Qualified employer.--For purposes of this subsection,
the term `qualified employer' has the meaning given such term
by subsection (d)(2).
``(3) Qualified replacement individual.--For purposes of
this subsection--
``(A) In general.--The term `qualified replacement
individual' means any individual--
``(i) who begins employment with a qualified employer after
September 21, 2010, and before September 22, 2013,
``(ii) with respect to whom the qualified employer
certifies that such individual has been employed by the
qualified employer to replace another employee--
``(I) who was not a citizen or lawfully present resident of
the United States, and
``(II) substantially all of whose services for the employer
were performed outside of the United States,
``(iii) with respect to whom the qualified employer
certifies that substantially all of the services the
individual will perform for the employer will be performed
within the United States, and
``(iv) who is not an individual described in section
51(i)(1) (applied by substituting qualified employer for
taxpayer each place it appears).
For purposes of this paragraph, only 1 individual may be
treated as a qualified replacement individual with respect to
any employee described in clause (ii) being replaced by the
qualified employer. Any certification under clause (ii) or
(iii) shall be made by signed affidavit, under penalties of
perjury.
``(B) Employer.--All employers treated as a single employer
under subsection (a) or (b) of section 52 shall be treated as
a single employer for purposes of subparagraph (A)(ii),
except that section 1563(b)(2)(C) shall be disregarded in
applying section 1563 for purposes of such section.
``(4) Applicable 24-month period.--For purposes of this
subsection, the term `applicable 24-month period' means, with
respect to any qualified replacement individual of a
qualified employer, the 24-month period beginning on the
hiring date of such individual by the employer.
``(5) Election.--A qualified employer may elect to have
this subsection not apply. Such election shall be made in
such manner as the Secretary may require.
``(6) Special rule for third calendar quarter of 2010.--
``(A) Nonapplication of exemption during third quarter.--
Paragraph (1) shall not apply with respect to wages paid
during the third calendar quarter of 2010.
``(B) Crediting of first quarter exemption during fourth
quarter.--The amount by which the tax imposed under
subsection (a) would (but for subparagraph (A)) have been
reduced with respect to wages paid by a qualified employer
during the third calendar quarter of 2010 shall be treated as
a payment against the tax imposed under subsection (a) with
respect to the qualified employer for the fourth calendar
quarter of 2010 which is made on the date that such tax is
due.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including regulations necessary to prevent
the avoidance of such purposes through the transfer and
retransfer of employees within and without the United States
or otherwise.''.
(b) Coordination With Work Opportunity Credit.--Section
51(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(6) Coordination with payroll tax forgiveness of
qualified replacement individuals.--The term `wages' shall
not include any amount paid or incurred to a qualified
replacement individual (as defined in section 3111(e)(3))
during the 2-year period beginning on the hiring date of such
individual by an employer unless such employer makes an
election not to have section 3111(e) apply.''.
(c) Transfers to Federal Old-Age and Survivors Insurance
Trust Fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by subsection (a). Amounts appropriated by
the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to
such Trust Fund had such amendments not been enacted.
(d) Effective Date.--The amendments made by this section
shall apply to wages paid after September 21, 2010.
TITLE II--DISINCENTIVES TO MOVING AMERICAN JOBS OVERSEAS
SEC. 201. DISALLOWANCE OF DEDUCTION, LOSS, OR CREDIT FOR
CERTAIN ITEMS INCURRED IN MOVING AMERICAN JOBS
OFFSHORE.
(a) In General.--Part IX of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 280I. EXPENDITURES INCURRED IN MOVING AMERICAN JOBS
OFFSHORE.
``(a) Disallowance.--No deduction, loss, or credit shall be
allowed under this title for any taxable year for any
disallowed amount.
``(b) Disallowed Amount.--For purposes of this section--
``(1) In general.--The term `disallowed amount' means any
amount which is paid or incurred during the taxable year
which is properly allocable to an American jobs offshoring
transaction.
``(2) Losses.--Such term shall include any loss from any
sale, exchange, abandonment, or other disposition of property
in connection with an American jobs offshoring transaction.
``(3) Exception for costs related to displaced workers.--
Such term shall not include any amount paid or incurred for
assistance to employees within the United States whose jobs
are being lost as part of an American jobs offshoring
transaction, including any severance pay, outplacement
services, or employee retraining.
``(c) American Jobs Offshoring Transaction.--For purposes
of this section--
``(1) In general.--The term `American jobs offshoring
transaction' means any transaction (or series of
transactions) in which the taxpayer reduces or eliminates the
operation of a trade or business (or line of business) within
the United States in connection with the start up or
expansion of such trade or business (or such line of
business) by the taxpayer outside of the United States.
``(2) Exception.--A transaction (or series of transactions)
shall not be treated as an American jobs offshoring
transaction if the taxpayer establishes to the satisfaction
of the Secretary that such transaction (or series of
transactions) will not result in the loss of employment for
employees of the taxpayer within the United States.
``(d) Aggregation Rule.--All employers treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as a single taxpayer for purposes of this section,
except that section 1563(b)(2)(C) shall be disregarded in
applying section 1563 for purposes of section 52.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this section, including regulations necessary to prevent the
avoidance of such purposes and the application of this
section in the case of mergers, acquisitions, and
dispositions and in the case of contract employees.''.
(b) Conforming Amendment.--The table of sections for part
IX of subchapter B of chapter 1 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
item:
``Sec. 280I. Expenditures incurred in moving American jobs offshore.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to transactions occurring after the date of the
enactment of this Act.
(2) Exception for existing transactions.--The amendments
made by this section shall not apply to transactions
occurring after the date of the enactment of this Act if the
taxpayer establishes to the satisfaction of the Secretary of
the Treasury or the Secretary's delegate that on or before
such date the taxpayer publicly identified the transaction in
sufficient detail that the nature and scope of the
transaction could be identified.
SEC. 202. TAXATION OF INCOME OF CONTROLLED FOREIGN
CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY
PRODUCED BY EMPLOYEES IN AMERICAN JOBS MOVED
OFFSHORE.
(a) General Rule.--Subsection (a) of section 954 of the
Internal Revenue Code of 1986 (defining foreign base company
income) is amended by striking the period at the end of
paragraph (5) and inserting ``, and'', by redesignating
paragraph (5) as paragraph (4), and by adding at the end the
following new paragraph:
[[Page S7279]]
``(5) imported property offshored income for the taxable
year (determined under subsection (j) and reduced as provided
in subsection (b)(5)).''.
(b) Definition of Imported Property Offshored Income.--
Section 954 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(j) Imported Property Offshored Income.--
``(1) In general.--For purposes of subsection (a)(5), the
term `imported property offshored income' means offshored
income (whether in the form of profits, commissions, fees, or
otherwise) received from a controlled foreign corporation and
derived in connection with--
``(A) manufacturing, producing, growing, or extracting
imported property;
``(B) the sale, exchange, or other disposition of imported
property; or
``(C) the lease, rental, or licensing of imported property.
Such term shall not include any foreign oil and gas
extraction income (within the meaning of section 907(c)) or
any foreign oil related income (within the meaning of section
907(c)).
``(2) Imported property.--For purposes of this subsection--
``(A) In general.--Except as otherwise provided in this
paragraph, the term `imported property' means property which
is imported into the United States by the offshored
controlled foreign corporation or a related person.
``(B) Imported property includes certain property imported
by unrelated persons.--The term `imported property' includes
any property imported into the United States by an unrelated
person if, when such property was sold to the unrelated
person by the controlled foreign corporation (or a related
person), it was reasonable to expect that--
``(i) such property would be imported into the United
States; or
``(ii) such property would be used as a component in other
property which would be imported into the United States.
``(C) Exception for property subsequently exported.--The
term `imported property' does not include any property which
is imported into the United States and which--
``(i) before substantial use in the United States, is sold,
leased, or rented by the controlled foreign corporation or a
related person for direct use, consumption, or disposition
outside the United States; or
``(ii) is used by the offshored controlled foreign
corporation or a related person as a component in other
property which is so sold, leased, or rented.
``(D) Exception for certain agricultural commodities.--The
term `imported property' does not include any agricultural
commodity which is not grown in the United States in
commercially marketable quantities.
``(3) Offshored income.--For purposes of this section, the
term `offshored income' means income described in paragraph
(1) that is directly or indirectly derived from the operation
of a trade or business (or line of business) which was
started or expanded outside the United States as part of an
American jobs offshoring transaction (as defined in section
280I(c)) to which the provisions of section 280I apply.
``(4) Definitions and special rules.--
``(A) Import.--For purposes of this subsection, the term
`import' means entering, or withdrawal from warehouse, for
consumption or use. Such term includes any grant of the right
to use intangible property (as defined in section
936(h)(3)(B)) in the United States.
``(B) United states.--For purposes of this subsection, the
term `United States' includes the Commonwealth of Puerto
Rico, the Virgin Islands of the United States, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(C) Unrelated person.--For purposes of this subsection,
the term `unrelated person' means any person who is not a
related person with respect to the controlled foreign
corporation.
``(D) Coordination with foreign base company sales
income.--For purposes of this section, the term `foreign base
company sales income' shall not include any imported property
income.''.
(c) Separate Application of Limitations on Foreign Tax
Credit for Imported Property Offshored Income.--
(1) In general.--Paragraph (1) of section 904(d) of the
Internal Revenue Code of 1986 (relating to separate
application of section with respect to certain categories of
income) is amended by striking ``and'' at the end of
subparagraph (A), by redesignating subparagraph (B) as
subparagraph (C), and by inserting after subparagraph (A) the
following new subparagraph:
``(B) imported property offshored income, and''.
(2) Imported property offshored income defined.--Paragraph
(2) of section 904(d) of such Code is amended by
redesignating subparagraphs (I), (J), and (K) as
subparagraphs (J), (K), and (L), respectively, and by
inserting after subparagraph (H) the following new
subparagraph:
``(I) Imported property offshored income.--The term
`imported property offshored income' means any income
received or accrued by any person which is of a kind which
would be imported property offshored income (as defined in
section 954(j)).''.
(3) Conforming amendment.--Clause (ii) of section
904(d)(2)(A) of such Code is amended by inserting ``or
imported property offshored income'' after ``passive category
income''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) of the Internal
Revenue Code of 1986 (relating to certain prior year deficits
may be taken into account) is amended--
(A) by redesignating subclauses (II), (III), (IV), and (V)
as subclauses (III), (IV), (V), and (VI), and
(B) by inserting after subclause (I) the following new
subclause:
``(II) imported property offshored income,''.
(2) The last sentence of paragraph (4) of section 954(b) of
such Code (relating to exception for certain income subject
to high foreign taxes) is amended by striking ``subsection
(a)(5)'' and inserting ``subsection (a)(4)''.
(3) Paragraph (5) of section 954(b) of such Code (relating
to deductions to be taken into account) is amended by
striking ``and the foreign base company oil related income''
and inserting ``the foreign base company oil related income,
and the imported property offshored income''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after the date of the enactment of this Act, and to
taxable years of United States shareholders within which or
with which such taxable years of such foreign corporations
end.
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