[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

[[Page S7270]]

     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;

[[Page S7271]]

       (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;

[[Page S7272]]

       (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;

[[Page S7273]]

       (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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