[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Senate]
[Pages 16664-16725]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1716. Mr. WEBB submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 283, after line 20, insert the following:
       (d) Major Energy Producer Records.--
       (1) In general.--Following the declaration of an energy 
     emergency by the President under section 606, a major energy 
     producer (as defined by section 702) shall maintain and shall 
     make available to the Federal Trade Commission, such books, 
     accounts, memoranda, and other records as the Commission 
     determines are relevant to determine whether the producer is 
     in violation of this title.
       (2) Retention.--A major energy producer subject to 
     paragraph (1) shall retain records required by paragraph (1) 
     for a period of 1 year after the expiration of the 
     declaration of an energy emergency.
                                 ______
                                 
  SA 1717. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 59, after line 21, add the following:

     SEC. 151. STUDY OF OFFSHORE WIND RESOURCES.

       (a) Definitions.--In this section:
       (1) Eligible institution.--The term ``eligible 
     institution'' means a college or university that--
       (A) as of the date of enactment of this Act, has an 
     offshore wind power research program; and
       (B) is located in a region of the United States that is in 
     reasonable proximity to the eastern outer Continental Shelf, 
     as determined by the Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Minerals 
     Management Service.
       (b) Study.--The Secretary, in cooperation with an eligible 
     institution, as selected by the Secretary, shall conduct a 
     study to assess each offshore wind resource located in the 
     region of the eastern outer Continental Shelf.
       (c) Report.--Upon completion of the study under subsection 
     (b), the Secretary shall submit to Congress a report that 
     includes--
       (1) a description of--
       (A) the locations and total power generation resources of 
     the best offshore wind resources located in the region of the 
     eastern outer Continental Shelf, as determined by the 
     Secretary;
       (B) based on conflicting zones relating to any 
     infrastructure that, as of the date of enactment of this Act, 
     is located in close proximity to any offshore wind resource, 
     the likely exclusion zones of each offshore wind resource 
     described in subparagraph (A);
       (C) the relationship of the temporal variation of each 
     offshore wind resource described in subparagraph (A) with--
       (i) any other offshore wind resource; and
       (ii) with loads and corresponding system operator markets;
       (D) the geological compatibility of each offshore wind 
     resource described in subparagraph (A) with any potential 
     technology relating to sea floor towers; and

[[Page 16665]]

       (E) with respect to each area in which an offshore wind 
     resource described in subparagraph (A) is located, the 
     relationship of the authority under any coastal management 
     plan of the State in which the area is located with the 
     Federal Government; and
       (2) recommendations on the manner by which to handle 
     offshore wind intermittence.
       (d) Incorporation of Study.--Effective beginning on the 
     date on which the Secretary completes the study under 
     subsection (b), the Secretary shall incorporate the findings 
     included in the report under subsection (c) into the planning 
     process documents for any wind energy lease sale--
       (1) relating to any offshore wind resource located in any 
     appropriate area of the outer Continental Shelf, as 
     determined by the Secretary; and
       (2) that is completed on or after the date of enactment of 
     this Act.
       (e) Effect.--Nothing in this section--
       (1) delays any final regulation to be promulgated by the 
     Secretary of the Interior to carry out section 8(p) of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
       (2) limits the authority of the Secretary to lease any 
     offshore wind resource located in any appropriate area of the 
     outer Continental Shelf, as determined by the Secretary.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000, to 
     remain available until expended.
                                 ______
                                 
  SA 1718. Mr. GREGG (for himself, Mrs. Feinstein, Mr. Sununu, Mr. Kyl, 
Mr. Ensign, Mrs. Hutchison, and Mr. Martinez) proposed an amendment to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; as follows:

       Strike section 831 and insert the following:

     SEC. 831. ELIMINATION OF ETHANOL TARIFF AND DUTY.

       (a) In General.--
       (1) Elimination of permanent tariff of 2.5 percent.--
     Subheading 2207.10.60 of the Harmonized Tariff Schedule of 
     the United States is amended--
       (A) by striking the column 1 general rate of duty and 
     inserting ``Free''; and
       (B) by striking the matter contained in the column 1 
     special rate of duty column and inserting ``Free''.
       (2) Elimination of permanent tariff of 1.9 percent.--
       (A) In general.--Chapter 22 of the Harmonized Tariff 
     Schedule of the United States is amended by inserting in 
     numerical sequence the following new subheading:


``       2207.20.20       Ethyl alcohol and    Free                 Free (A+, AU, BH,    20%                  ''
                           other spirits,                            CA, CL, D, E, IL,                         .
                           denatured, of any                         J, JO, MA, MX, P,
                           strength (if used                         SG)
                           as a fuel or in a
                           mixture to be used
                           as a fuel)........

       (B) Conforming amendment.--The article description for 
     subheading 2207.20.00 of the Harmonized Tariff Schedule of 
     the United States is amended by inserting ``(not provided for 
     in subheading 2207.20.20)'' after ``strength''.
       (b) Repeal of Temporary Duty of 54 Cents Per Gallon.--
     Subchapter I of chapter 99 of the Harmonized Tariff Schedule 
     of the United States is amended--
       (1) by striking heading 9901.00.50; and
       (2) by striking U.S. Notes 2 and 3 relating to heading 
     9901.00.50.
       (c) Effective Date.--The amendments made by this section 
     apply with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1719. Mr. CORNYN (for himself, Mr. Durbin, Mrs. Hutchison, and Mr. 
Obama) submitted an amendment intended to be proposed to amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 192, after line 21, add the following:

     SEC. 305. FUTUREGEN GASIFICATION-BASED NEAR-ZERO EMISSIONS 
                   POWER PLANT.

       (a) Definitions.--In this section:
       (1) Consortium.--The term ``Consortium'' means the 
     consortium described in subsection (c).
       (2) Facility.--The term ``Facility'' means the FutureGen 
     Facility authorized under subsection (b).
       (b) Authorization of Facility.--The Secretary shall 
     construct a facility, to be known as the ``FutureGen 
     Facility'', to determine the feasibility of integrating 
     commercial-scale gasification combined cycle power plant 
     technologies with advanced clean coal energy technologies, 
     including through carbon capture and geological 
     sequestration.
       (c) Cooperative Agreement.--The Secretary shall offer to 
     enter into a cooperative agreement with a nonprofit 
     consortium of domestic and international coal-fueled power 
     producers, domestic and international coal companies, and 
     other interested parties to provide for the financing of the 
     Facility.
       (d) Objectives.--The Secretary shall establish objectives 
     for the Facility, including objectives providing for--
       (1) subject to the availability of appropriations and the 
     completion of an environmental impact statement by October 
     31, 2007, the operation of the Facility by December 31, 2012;
       (2) the Facility to be designed in a manner that--
       (A) achieves--
       (i)(I) at least a 99-percent reduction in the quantity of 
     sulfur dioxide otherwise emitted by the Facility; or
       (II) a sulfur dioxide emission level of 15 ppm, as measured 
     at the stack; and
       (ii) at least a 90-percent reduction in the quantity of 
     mercury emitted as compared to the mercury content of the 
     coal fed to the gasifier;
       (B) emits--
       (i) not more than 0.05 pounds of nitrogen oxide emissions 
     per mmbtu of coal gasified; and
       (ii) not more than 0.005 pounds of total particulate 
     emissions in the flue gas per million British thermal units;
       (C) captures at least 90 percent of carbon dioxide 
     emissions;
       (D) permanently sequesters at least 1,000,000 metric tons 
     per year of carbon dioxide in deep saline geological 
     formations; and
       (E) can be used to determine the feasibility of ultimately 
     operating a commercial near-zero emission coal-fueled 
     powerplant at a cost that is not greater than 110 percent of 
     the average cost of operation of a similar facility operating 
     in the United States as of the date of enactment of this Act 
     that does not capture and sequester carbon dioxide, 
     including--
       (i) evaluating alternative carbon dioxide monitoring 
     technologies and plant operational strategies that contribute 
     to ultimate commercial competitiveness of near-zero emission 
     technology; and
       (ii) providing a sub-scale research platform to test new 
     systems and components that could reduce ultimate costs 
     without impairing the availability of the Facility to 
     operate; and
       (3) building stakeholder acceptance of near-zero emission 
     technology, including the sequestration of carbon dioxide.
       (e) System Integration.--To reduce technical risk and focus 
     development efforts on system integration, the Secretary 
     shall, to the maximum extent practicable, ensure that the 
     Facility is designed in a manner to use, as appropriate--
       (1) available advanced clean coal technology; and
       (2) state-of-the-art technology systems and components.
       (f) Data Protection.--The Secretary may agree to protect 
     information from the facility to the same extent authorized 
     for the clean coal power initiative program under section 
     402(h) of the Energy Policy Act of 2005 (42 U.S.C. 15962(h)).
       (g) Cost-Sharing Requirement.--
       (1) In general.--The Facility shall be considered to be a 
     research and development activity subject to the cost-sharing 
     requirements of section 988(b) of the Energy Policy Act of 
     2005 (42 U.S.C. 16352(b)).
       (2) Federal share.--The Secretary may credit toward the 
     Federal share for the Facility contributions received by the 
     Secretary from other countries.

[[Page 16666]]

       (3) Non-federal share.--
       (A) In general.--The non-Federal share shall be paid by the 
     Consortium.
       (B) Source of funds.--To pay the non-Federal share, the 
     Consortium may use amounts made available to the Consortium 
     by States, technology providers, and other non-Federal 
     entities.
       (h) Insufficient Funds.--
       (1) Conveyance to secretary.--The Secretary may agree to 
     take title to the Facility if the Secretary determines that 
     the Consortium has insufficient funds to complete the 
     Facility.
       (2) Insufficient appropriated funds.--If operations at the 
     Facility are terminated because of insufficient appropriated 
     Federal funds to complete the Facility, the Secretary may 
     agree to reimburse the Consortium for the Consortium's share 
     of the Facility costs.
       (i) Title to Facility.--
       (1) In general.--The Secretary may vest fee title or any 
     other property interests acquired in the Facility in any 
     entity, including the United States.
       (2) Collateral.--The Secretary may agree to allow the 
     Consortium to use title to the Facility as collateral toward 
     any required financing for the Facility.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this section for each of fiscal years 
     2008 through 2017.
                                 ______
                                 
  SA 1720. Mr. INHOFE (for himself, Mr. Vitter, Mr. Voinovich, and Mr. 
Craig) submitted an amendment intended to be proposed to amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 218, line 17, strike ``standard'' and insert 
     ``standards''.
       Beginning on page 220, strike line 13 and all that follows 
     through page 222, line 6, and insert the following:
       (d) Identification of Standards.--
       (1) In general.--For the purpose of subsection (c)(2), not 
     later than 1 year after the date of enactment of this Act, 
     the Administrator shall promulgate regulations to identify 1 
     or more standards that encourage a comprehensive and 
     environmentally-sound approach to certification of green 
     buildings.
       (2) Basis.--The standards identified under paragraph (1) 
     shall be based on--
       (A) a biennial study, which shall be carried out by the 
     Director to compare and evaluate standards;
       (B) the ability and availability of assessors and auditors 
     to independently verify the criteria and measurement of 
     metrics at the scale necessary to implement this subtitle;
       (C) the ability of the applicable standard-setting 
     organization to collect and reflect public comment;
       (D) the ability of the standards to be developed and 
     revised through a consensus-based process, as described in 
     Circular No. A-119 of the Office of Management and Budget;
       (E) an evaluation of the adequacy of the standards, which 
     shall give credit for--
       (i) efficient and sustainable use of water, energy, and 
     other natural resources;
       (ii) use of renewable energy sources;
       (iii) improved indoor environmental quality through 
     enhanced indoor air quality, thermal comfort, acoustics, day 
     lighting, pollutant source control, and use of low-emission 
     materials and building system controls; and
       (iv) such other criteria as the Director determines to be 
     appropriate; and
       (F) recognition as a national consensus standard.
       (3) Biennial review.--The Director shall--
       (A) conduct a biennial review of the standards identified 
     under paragraph (1); and
       (B) include the results of each biennial review in the 
     report required to be submitted under subsection (c).
       On page 238, line 9, strike ``the standard'' and insert ``a 
     standard''.
                                 ______
                                 
  SA 1721. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. USE OF OFFSHORE OIL AND GAS PLATFORMS AND OTHER 
                   FACILITIES FOR ALTERNATIVE ENERGY PRODUCTION.

       (a) Definitions.--In this section:
       (1) Alternative energy.--The term ``alternative energy'' 
     means energy from a source other than oil or gas.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Grant Program.--
       (1) Establishment.--The Secretary shall establish a grant 
     program under which the Secretary shall provide grants to pay 
     the Federal share of the cost of--
       (A) converting offshore oil and gas platforms or other 
     facilities that are decommissioned from service for oil and 
     gas purposes to alternative energy production facilities; or
       (B) using offshore oil and gas platforms or other 
     facilities that are being used for oil and gas purposes to 
     also produce alternative energy.
       (2) Federal share.--The Federal share of the cost of 
     carrying out activities under paragraph (1) shall be not more 
     than 50 percent.
       (3) Applicable law.--The Outer Continental Shelf Land Act 
     (43 U.S.C. 1301 et seq.) shall apply to any activities 
     carried out under this section.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (5) Termination of authority.--The authority of the 
     Secretary to provide grants under this section terminates on 
     the date that is 10 years after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1722. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE IN 
                   NONATTAINMENT AREAS.

       Section 109 of the Clean Air Act (42 U.S.C. 7409) is 
     amended by adding at the end the following:
       ``(e) Nonattainment Areas.--In any area designated by the 
     Administrator as a nonattainment area under section 107 for 
     purposes of a national ambient air quality standard for 
     ozone--
       ``(1) the requirements that apply with respect to fees 
     under section 182(d)(3) or 185, source permitting under 
     subparagraph (C) or (I) of section 110(a)(2), contingency 
     measures under section 172(c)(9) or 182(c)(9), or motor 
     vehicle emission budgets under section 176, as in effect at 
     the time of application of the requirements, shall be the 
     requirements that apply for purposes of the national ambient 
     air quality standard for ozone; and
       ``(2) the requirements that applied under a national 
     ambient air quality standard for ozone shall not apply for 
     purposes of the standard if the requirements were--
       ``(A) revoked, rescinded, or withdrawn by the Administrator 
     or are otherwise not in effect at the time of application of 
     the requirements; and
       ``(B) less stringent than the national ambient air quality 
     standard for ozone that is in effect at the time of 
     application of the requirements.''.
                                 ______
                                 
  SA 1723. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 161, between lines 2 and 3, insert the following:

     SEC. 269. EXTENDED ATTAINMENT DATE FOR CERTAIN DOWNWIND 
                   AREAS.

       Section 181 of the Clean Air Act (42 U.S.C. 7511) is 
     amended by adding at the end the following:
       ``(d) Extended Attainment Date for Certain Downwind 
     Areas.--
       ``(1) Definitions.--In this subsection:
       ``(A) Current classification.--The term `current 
     classification' means--
       ``(i) any classification of an area on the date on which 
     the Administrator determines that the area is a downwind 
     area; and
       ``(ii) with respect to any reclassification made by the 
     Administrator under subsection (b)(2)(A) after the date of 
     enactment of this subsection, the classification of an area 
     on

[[Page 16667]]

     the date immediately before the date on which the 
     Administrator reclassified the area.
       ``(B) Downwind area.--The term `downwind area' means any 
     area that the Administrator classifies as a downwind area 
     under paragraph (2).
       ``(C) Eligible implementation plan revision.--The term 
     `eligible implementation plan revision' means a revision of 
     an implementation plan for a downwind area that--
       ``(i) complies with each requirement of this Act relating 
     to the current classification of a downwind area (including 
     any requirement relating to any nonattainment plan provision 
     described in section 172(c)); and
       ``(ii) includes any other additional provision necessary to 
     demonstrate that, not later than the date on which the 
     attainment date for the downwind area is extended under 
     paragraph (3), the downwind area shall demonstrate attainment 
     of each national standard, as determined by the 
     Administrator.
       ``(D) National standard.--The term `national standard' 
     means--
       ``(i) the national primary ambient air quality standard for 
     ozone; and
       ``(ii) the national secondary ambient air quality standard 
     for ozone.
       ``(E) Necessary final reduction in pollution transport.--
     The term `necessary final reduction in pollution transport' 
     means the final reduction in pollution transport of an upwind 
     area that is necessary for a downwind area to achieve 
     attainment of each national standard, as determined by the 
     Administrator.
       ``(F) Upwind area.--The term `upwind area' means an area 
     that--
       ``(i) significantly contributes to the nonattainment by a 
     downwind area of any national standard, as determined by the 
     Administrator; and
       ``(ii) is--

       ``(I) a nonattainment area that has an attainment date for 
     a national standard that is later than the attainment date of 
     the downwind area for which the nonattainment area 
     significantly contributes to nonattainment under clause (i); 
     or
       ``(II) an area--

       ``(aa) that is located in a State other than the State in 
     which the downwind area is located for which the 
     nonattainment area significantly contributes to nonattainment 
     under clause (i); and
       ``(bb) for which the Administrator, by regulation, has 
     established 1 or more requirements to eliminate any emission 
     generated by the area that significantly contributes to the 
     nonattainment of the downwind area, as determined by the 
     Administrator under clause (i).
       ``(2) Classification of downwind area.--The Administrator 
     shall designate as a downwind area any area--
       ``(A) that has not attained a national standard; and
       ``(B) for which an upwind area significantly contributes to 
     the nonattainment by the downwind area of any national 
     standard described in subparagraph (A), as determined by the 
     Administrator.
       ``(3) Extension of attainment date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in accordance with paragraph (4), the Administrator shall 
     extend the attainment date of any national standard 
     applicable to a downwind area if, before the date on which 
     the Administrator is required to determine whether to 
     reclassify the downwind area under subsection (b)(2)(A), the 
     Administrator approves an eligible implementation plan 
     revision for the downwind area.
       ``(B) Reclassified downwind areas.--
       ``(i) Prior reclassifications.--The Administrator shall 
     withdraw any reclassification of a downwind area made by the 
     Administrator under subsection (b)(2)(A), and extend the 
     attainment date applicable to the downwind area in accordance 
     with paragraph (4), if--

       ``(I) not earlier than April 1, 1997, the Administrator 
     reclassified the downwind area under subsection (b)(2)(A); 
     and
       ``(II) not later than 1 year after the date of enactment of 
     this subsection, the Administrator approves an eligible 
     implementation plan revision for the downwind area.

       ``(ii) Future reclassifications.--The Administrator shall 
     withdraw any reclassification of a downwind area made by the 
     Administrator under subsection (b)(2)(A) after the date of 
     enactment of this subsection, and extend the attainment date 
     applicable to the downwind area in accordance with paragraph 
     (4), if, not later than 1 year after the date on which the 
     Administrator reclassifies the downwind area, the 
     Administrator approves an eligible implementation plan 
     revision for the downwind area.
       ``(4) Length of extension of attainment date.--
       ``(A) In general.--Subject to subparagraph (B), in 
     extending the attainment date applicable to a downwind area 
     under paragraph (3), the Administrator shall extend the 
     attainment date to the earliest practicable date on which the 
     downwind area could achieve attainment of each national 
     standard, as determined by the Administrator.
       ``(B) Maximum length of extension.--In extending the 
     attainment date of a downwind area under paragraph (3), the 
     Administrator shall extend the attainment date of the 
     downwind area to a date not later than the date on which the 
     upwind area contributing to nonattainment of the downwind 
     area is required to achieve a necessary final reduction in 
     pollution transport.''.
                                 ______
                                 
  SA 1724. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 21, line 17, strike ``90'' and insert ``30''.
                                 ______
                                 
  SA 1725. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 21, strike line 20 and insert the following:
       (3) Automatic waiver approval.--If the President fails to 
     approve or disapprove a petition for waiver of the 
     requirements of subsection (a) by the deadline specified in 
     paragraph (2), the waiver shall be considered to be granted.
       (4) Termination of waivers.--A waiver
       On page 22, line 1, strike ``(4)'' and insert ``(5)''.
                                 ______
                                 
  SA 1726. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, 
to reduce our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 59, after line 21, add the following:

     SEC. 151. COMMISSION ON RENEWABLE ENERGY.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on Renewable Energy'' (referred to 
     in this section as the ``Commission'')--
       (1) to advise Congress on--
       (A) issues relating to renewable energy research and 
     development; and
       (B) policies relating to the expansion of the use of 
     renewable energy in the energy markets of the United States; 
     and
       (2) to facilitate collaboration among Federal agencies 
     relating to the execution of national renewable energy 
     objectives.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of--
       (A) the Secretary (or a designee);
       (B) the Secretary of Agriculture (or a designee);
       (C) the Secretary of Commerce (or a designee);
       (D) the Administrator of the National Oceanic and 
     Atmospheric Administration (or a designee);
       (E) the Director of the National Science Foundation (or a 
     designee);
       (F) the Director of the Office of Science and Technology 
     Policy (or a designee);
       (G) the Director of the Office of Management and Budget (or 
     a designee); and
       (H) 7 representatives selected in accordance with paragraph 
     (3), to be comprised of representatives of--
       (i) national laboratories;
       (ii) State laboratories;
       (iii) industry;
       (iv) trade groups; and
       (v) State agencies.
       (2) Eligibility of designees.--To serve as a member of the 
     Commission, an individual designated to serve under 
     subparagraphs (A) through (G) of paragraph (1) shall be of a 
     position not lower than Assistant Secretary (or an equivalent 
     position).
       (3)  Representatives.--
       (A) Selection.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary, in accordance with 
     subparagraph (B), and in consultation with each individual 
     described in subparagraphs (A) through (G) of paragraph (1), 
     shall select representatives from each group described in 
     subparagraph (H) to serve as members of the Commission.
       (B) Qualifications.--A representative selected under 
     subparagraph (A) shall be an individual who, by reason of 
     professional background and experience, is specially 
     qualified to serve as a member of the Commission.

[[Page 16668]]

       (C) Term.--A representative selected under subparagraph (A) 
     shall serve for a term of 4 years.
       (D) Treatment.--A representative selected under 
     subparagraph (A) shall--
       (i) serve without compensation; and
       (ii) be considered an employee of the Federal Government in 
     the performance of those services for the purposes of--

       (I) chapter 81 of title 5, United States Code; and
       (II) chapter 171 of title 28, United States Code.

       (c) Vacancies.--A vacancy on the Commission shall be filled 
     in the same manner as the original appointment was made.
       (d) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the Chairperson, but not less often than quarterly.
       (2) Form of meetings.--The Commission may meet in person or 
     through electronic means.
       (e) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (f) Chairperson.--
       (1) Selection.--
       (A) In general.--Subject to subparagraph (B), the 
     Commission shall select a Chairperson--
       (i) from among the members of the Commission; and
       (ii) through a unanimous vote of approval.
       (B) Initial selection.--The Secretary shall select the 
     initial Chairperson.
       (2) Term.--The Chairperson shall serve for a term of 6 
     years.
       (g) Duties.--
       (1) In general.--The Commission shall--
       (A) promote research and development of renewable energy, 
     including--
       (i) wind energy;
       (ii) wave energy;
       (iii) solar energy;
       (iv) geothermal energy; and
       (v) the production of biofuels (with particular emphasis on 
     the production of biofuels based on cellulosic fuels);
       (B) identify and recommend public and private research 
     institutions to carry out that research and development; and
       (C) in consultation with renewable energy experts regarding 
     renewable energy policies, develop policy recommendations for 
     Federal agencies.
       (2) Studies.--Not later than 90 days after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and every 4 years thereafter, the Chairperson of 
     the Commission, acting through the Secretary, shall enter 
     into an arrangement with the National Academy of Sciences 
     under which the Academy shall conduct a study to assess, for 
     the period covered by the study, issues relating to--
       (A) any advancement made relating to renewable energy; and
       (B) the adoption of each advancement described in 
     subparagraph (A) into the energy markets of the United 
     States.
       (3) Annual report.--Not later than 1 year after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and annually thereafter, the Commission shall 
     submit to Congress a report that contains--
       (A) a detailed statement describing each activity carried 
     out by the Commission; and
       (B) the recommendations of the Commission relating to the 
     funding of research for the development of renewable energy 
     by--
       (i) the Federal Government;
       (ii) the industrial sector of the United States; and
       (iii) any other country.
       (h) Powers.--
       (1) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (C) Confidentiality.--Any information provided by a Federal 
     agency to the Commission under this paragraph shall be 
     confidential commercial or financial information for the 
     purposes of section 552(b)(4) of title 5, United States Code, 
     if the Federal agency obtained the information from an entity 
     other than a Federal agency.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (4) Gifts.--
       (A) In general.--The Commission may accept, use, and 
     dispose of gifts or donations of services or property.
       (B) Annual report.--Not later than 1 year after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and annually thereafter, the Commission shall 
     submit to Congress a report that describes each gift received 
     by each member of the Commission during the period covered by 
     the report.
       (i) Detail of Federal Government Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (2) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (k) Termination of Commission.--The Commission shall 
     terminate on October 1, 2016.
                                 ______
                                 
  SA 1727. Mr. REED (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by him to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RENEWABLE ELECTRICITY PRODUCTION CREDIT ALLOWED FOR 
                   LANDFILL GAS FACILITIES WHICH PRODUCE FUEL FROM 
                   A NONCONVENTIONAL SOURCE.

       (a) In General.--Section 45(e)(9) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(C) Special rule for certain facilities.--
       ``(i) In general.--The amount of qualified energy resources 
     taken into account under subsection (a) at any qualified 
     facility described in clause (ii) shall be reduced by the 
     amount of such resources used in producing qualified fuels 
     (as defined by section 45K(c)) at such facility.
       ``(ii) Qualified facility described.--A qualified facility 
     is described in this clause if such facility--

       ``(I) is placed in service after the date of the enactment 
     of this subparagraph, and
       ``(II) produces electricity from gas derived from the 
     biodegradation of municipal solid waste and such 
     biodegradation occurred in a facility (within the meaning of 
     section 45K) the production from which a credit is allowed 
     under section 45K for the taxable year.''.

       (b) Conforming Amendment.--Subparagraph (A) of section 
     45(e)(9) of such Code is amended by inserting ``which is 
     placed in service before the date of the enactment of 
     subparagraph (C) and'' after ``shall not include an 
     facility''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1728. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CREDIT FOR CORROSION PREVENTION AND MITIGATION 
                   MEASURES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business-related credits) is amended by adding at the end the 
     following new section:

     ``SEC. 45O. CORROSION PREVENTION AND MITIGATION MEASURES.

       ``(a) In General.--For purposes of section 38, the 
     corrosion prevention and mitigation credit determined under 
     this section for the taxable year is an amount equal to 50 
     percent of the excess of--
       ``(1) qualified corrosion prevention and mitigation 
     expenditures with respect to qualified property, over
       ``(2) the amount such expenditures would have been, taking 
     into account--
       ``(A) amounts paid or incurred to satisfy Federal, State, 
     or local requirements, and
       ``(B) amounts paid for corrosion prevention practices, as 
     certified by a person certified pursuant to subsection 
     (b)(2).
       ``(b) Qualified Corrosion Prevention and Mitigation 
     Expenditures.--For purposes of this section--
       ``(1) In general.--The term `qualified corrosion prevention 
     and mitigation expenditures' means amounts paid or incurred 
     by the taxpayer during the taxable year for engineering 
     design, materials, and application and installation of 
     corrosion prevention and mitigation technology.

[[Page 16669]]

       ``(2) Certification may be required.--The Secretary shall 
     require by regulation that no amount be taken into account 
     under paragraph (1) for any design, material, application, or 
     installation unless such design, material, application, or 
     installation meets such certification requirements. Such 
     requirements shall provide for accreditation of certifying 
     persons by an independent entity with expertise in corrosion 
     prevention and mitigation technology.
       ``(3) Corrosion prevention and mitigation technology.--
     Corrosion prevention and mitigation technology includes a 
     system comprised of at least one of the following: a 
     corrosion-protective coating or paint; chemical treatment; 
     corrosion-resistant metals; and cathodic protection. The 
     Secretary from time to time by regulations or other guidance 
     may modify the list contained in the preceding sentence to 
     reflect changes in corrosion prevention and mitigation 
     technology.
       ``(4) Qualified property.--The term `qualified property' 
     means property which is--
       ``(A) comprised primarily of a metal susceptible to 
     corrosion,
       ``(B) of a character subject to the allowance for 
     depreciation,
       ``(C) originally placed in service or owned by the 
     taxpayer, and
       ``(D) located in the United States.
       ``(c) Recapture of Credit.--
       ``(1) In general.--If, as of the close of any taxable year, 
     there is a recapture event with respect to any qualified 
     property for which a credit was allowed under subsection (a), 
     the tax of the taxpayer under this chapter for such taxable 
     year shall be increased by an amount equal to the product 
     of--
       ``(A) the applicable recapture percentage, and
       ``(B) the aggregate decrease in the credits allowed under 
     section 38 for all prior taxable years which would have 
     resulted if the qualified corrosion prevention and mitigation 
     expenditures of the taxpayer with respect to such property 
     had been zero.
       ``(2) Applicable recapture percentage.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable recapture percentage shall be determined from the 
     following table:

``If the property ceases to be qualified prThe recapture percentage is:
  (i) One full year after placed in service.........................100
  (ii) One full year after the close of the period described in clause 
    (i)..............................................................80
  (iii) One full year after the close of the period described in clause 
    (ii).............................................................60
  (iv) One full year after the close of the period described in clause 
    (iii)............................................................40
  (v) One full year after the close of the period described in clause 
    (iv)............................................................20.

       ``(B) Recapture event defined.--For purposes of this 
     subsection, the term `recapture event' means--
       ``(i) Cessation of use.--The cessation of use of the 
     qualified property.
       ``(ii) Change in ownership.--

       ``(I) In general.--Except as provided in subclause (II), 
     the disposition of a taxpayer's interest in the qualified 
     property with respect to which the credit described in 
     subsection (a) was allowable.
       ``(II) Agreement to assume recapture liability.--Subclause 
     (I) shall not apply if the person acquiring the qualified 
     property agrees in writing to assume the recapture liability 
     of the person disposing of the qualified property. In the 
     event of such an assumption, the person acquiring the 
     qualified property shall be treated as the taxpayer for 
     purposes of assessing any recapture liability (computed as if 
     there had been no change in ownership).
       ``(III) Special rule for tax exempt entities.--Subclause 
     (II) shall not apply to any tax exempt entity (as defined in 
     section 168(h)(2)).

       ``(iii) Special rules.--

       ``(I) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (1) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards and carrybacks under section 
     39 shall be appropriately adjusted.
       ``(II) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under this chapter or for purposes of section 55.
       ``(III) No recapture by reason of casualty loss.--The 
     increase in tax under this subsection shall not apply to a 
     cessation of operation of the property as qualified property 
     by reason of a casualty loss to the extent such loss is 
     restored by reconstruction or replacement within a reasonable 
     period established by the Secretary.

       ``(d) Denial of Double Benefit.--For purposes of this 
     subtitle--
       ``(1) Basis adjustments.--
       ``(A) In general.--If a credit is determined under this 
     section for any expenditure with respect to any property, the 
     increase in the basis of such property which would (but for 
     this subsection) result from such expenditure shall be 
     reduced by the amount of the credit so allowed.
       ``(B) Certain dispositions.--If, during any taxable year, 
     there is a recapture amount determined with respect to any 
     property the basis of which was reduced under subparagraph 
     (A), the basis of such property (immediately before the event 
     resulting in such recapture) shall be increased by an amount 
     equal to such recapture amount. For purposes of the preceding 
     sentence, the term `recapture amount' means any increase in 
     tax (or adjustment in carrybacks or carryovers) determined 
     under subsection (c).
       ``(2) Other deductions and credits.--No deduction or credit 
     shall be allowed under this chapter for any expense taken 
     into account under this section.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this section.
       ``(f) Termination.--This section shall not apply to any 
     taxable year beginning after December 31, 2017.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 of such Code (relating to 
     current year business credit) is amended by striking ``plus'' 
     at the end of paragraph (30), by striking the period at the 
     end of paragraph (31) and inserting ``, plus'', and by adding 
     at the end thereof the following new paragraph:
       ``(32) Corrosion prevention and mitigation credit 
     determined under section 45O(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by inserting after the item relating to section 45N 
     the following new item:

``Sec. 45O. Corrosion prevention and mitigation measures.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 1729. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OFFSHORE RENEWABLE ENERGY.

       (a) Leases, Easements, or Rights-of-Way for Energy and 
     Related Purposes.--Section 8(p) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) Competitive or noncompetitive basis.--Any lease, 
     easement, or right-of-way under paragraph (1) shall be issued 
     on a competitive basis, unless--
       ``(A) the lease, easement, or right-of-way relates to a 
     project that meets the criteria established under section 
     388(d) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note; 
     Public Law 109-58);
       ``(B) the lease, easement, or right-of-way--
       ``(i) is for the placement and operation of a 
     meteorological or marine data collection facility; and
       ``(ii) has a term of not more than 5 years; or
       ``(C) the Secretary determines, after providing public 
     notice of a proposed lease, easement, or right-of-way, that 
     no competitive interest exists.''; and
       (2) by adding at the end the following:
       ``(11) Clarification.--
       ``(A) In general.--Subject to subparagraph (B), the Federal 
     Energy Regulatory Commission shall not have authority to 
     approve or license a wave or current energy project on the 
     outer Continental Shelf under part I of the Federal Power Act 
     (16 U.S.C. 792 et seq.)
       ``(B) Transmission of power.--Subparagraph (A) shall not 
     affect any authority of the Commission with respect to the 
     transmission of power generated from a project described in 
     subparagraph (A).''.
       (b) Projects in State Waters.--
       (1) Memorandum of understanding.--
       (A) In general.--Not later than 90 days after the date of 
     receipt of a request of a State, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') shall enter into a memorandum of 
     understanding with the State with respect to the 
     authorization of ocean energy projects (including wave, 
     current, and tidal energy projects) located in offshore 
     waters and submerged land over which the State has 
     jurisdiction.
       (B) Participation by secretary of interior.--To the extent 
     that a project described in subparagraph (A) involves any 
     Federal submerged land or water on the outer Continental 
     Shelf, the Secretary of the Interior shall also be a party to 
     the applicable memorandum of understanding under this 
     paragraph.
       (C) Goal.--The goal of a memorandum of understanding under 
     this paragraph shall be to ensure coordination among the 
     Commission, the States, and the Secretary of the Interior, as 
     applicable, to facilitate the consideration of authorizations 
     for ocean energy projects.

[[Page 16670]]

       (2) Commission procedures.--Not later than 1 year after the 
     date of enactment of this Act, the Commission shall publish 
     regulations that--
       (A) establish a permitting process for wave, current, and 
     tidal energy projects in submerged land and offshore waters 
     under the jurisdiction of a State; and
       (B) take into consideration, and provide for--
       (i) the specific technological, environmental, and other 
     unique characteristics of those projects; and
       (ii) the size and scope of the projects.
       (3) Effect of subsection.--Nothing in this subsection 
     alters, limits, or modifies any claim of a State to any 
     jurisdiction over, or any right, title, or interest in, 
     submerged land or offshore water of the State.
       (c) Consideration of Certain Requests for Authorization.--
     In considering a request for authorization of a project 
     pending before the Commission as of the date of enactment of 
     this Act, the Secretary of the Interior shall rely, to the 
     maximum extent practicable, on the materials submitted to the 
     Commission before that date.
       (d) Savings Provision.--Nothing in this section or an 
     amendment made by this section requires the resubmission of 
     any document that was previously submitted, or the 
     reauthorization of any action that was previously authorized, 
     with respect to a project for which a preliminary permit was 
     issued by the Commission before the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1730. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OFFSHORE RENEWABLE ENERGY.

       Section 8(p) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337(p)) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) Competitive or noncompetitive basis.--Any lease, 
     easement, or right-of-way under paragraph (1) shall be issued 
     on a competitive basis, unless--
       ``(A) the lease, easement, or right-of-way relates to a 
     project that meets the criteria established under section 
     388(d) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note; 
     Public Law 109-58);
       ``(B) the lease, easement, or right-of-way--
       ``(i) is for the placement and operation of a 
     meteorological or marine data collection facility; and
       ``(ii) has a term of not more than 5 years; or
       ``(C) the Secretary determines, after providing public 
     notice of a proposed lease, easement, or right-of-way, that 
     no competitive interest exists.''.
                                 ______
                                 
  SA 1731. Mr. SUNUNU submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 38, after line 17, insert the following:

     SEC. 809A. CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES.

       (a) Allowance of Credit.--Subsection (a) of section 25D 
     (relating to allowance of credit), as amended by this Act, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3),
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(5) 30 percent of the qualified biomass fuel property 
     expenditures made by the taxpayer during such year.''.
       (b) Maximum Credit.--Paragraph (1) of section 25D(b) 
     (relating to maximum credit), as amended by this Act, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (C),
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(E) $4,000 with respect to any qualified biomass fuel 
     property expenditures.''.
       (c) Maximum Expenditures.--Subparagraph (A) of section 
     25D(e)(4) (relating to maximum expenditures in case of joint 
     occupancy) is amended--
       (1) by striking ``and'' at the end of clause (ii),
       (2) by striking the period at the end of clause (iii) and 
     inserting ``, and'', and
       (3) by adding at the end the following new clause:
       ``(iv) $13,334 in the case of any qualified biomass fuel 
     property expenditures.''.
       (d) Qualified Biomass Fuel Property Expenditures.--
     Subsection (d) of section 25D (relating to definitions), as 
     amended by this Act, is amended by adding at the end the 
     following new paragraph:
       ``(5) Qualified biomass fuel property expenditure.--
       ``(A) In general.--The term `qualified biomass fuel 
     property expenditure' means an expenditure for property--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and
       ``(ii) which has a thermal efficiency rating of at least 75 
     percent.
       ``(B) Biomass fuel.--For purposes of this section, the term 
     `biomass fuel' means any plant-derived fuel available on a 
     renewable or recurring basis, including agricultural crops 
     and trees, wood and wood waste and residues (including wood 
     pellets), plants (including aquatic plants), grasses, 
     residues, and fibers.''.
       (e) Effective Date.--The amendments made by this subsection 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2007.
                                 ______
                                 
  SA 1732. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 69, lines 17 to 20, strike ``to so much of the 
     renewable diesel produced at such facility and sold or used 
     during the taxable year in a qualified biodiesel mixture as 
     exceeds 60,000,000 gallons''.
                                 ______
                                 
  SA 1733. Mr. KYL (for himself, Mr. Lott, and Mr. McConnell) submitted 
an amendment intended to be proposed to amendment SA 1704 proposed by 
Mr. Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. 
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; as follows:

       At the end of subtitle B of title VIII add the following:

     SEC. ___. CONDITION PRECEDENT FOR THE EFFECTIVE DATE OF 
                   REVENUE RAISERS.

       Notwithstanding the provisions of this subtitle, the 
     amendments made by this subtitle shall not take effect unless 
     the Secretary of Energy certifies that such amendments shall 
     not increase gasoline retail prices and the reliance of the 
     United States on foreign sources of energy.
                                 ______
                                 
  SA 1734. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of section 403 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 500 note; 
     Public Law 106-393) (as amended by section [___] of the 
     amendment), add the following:
       ``(c) Audit.--
       ``(1) In general.--Not later than 30 days after the end of 
     each fiscal year in which a

[[Page 16671]]

     county receives payments under title I or the payment in lieu 
     of taxes program under chapter 69 of title 31, United States 
     Code, the county shall submit to the State in which the 
     county is located an audit of the expenditure of the payments 
     by the county during the preceding fiscal year.
       ``(2) Failure to report.--If, during any fiscal year, a 
     county described in paragraph (1) fails to submit the audit 
     by the deadline described in that paragraph, the county shall 
     be ineligible for payments under this Act or the payment in 
     lieu of taxes program under chapter 69 of title 31, United 
     States Code, as applicable, for the subsequent fiscal year.
       ``(3) Certification.--The State shall--
       ``(A) not later than 60 days after the end of the fiscal 
     year in which the audits were submitted under paragraph (1), 
     certify the audits; and
       ``(B) on certification of the audit under subparagraph (A), 
     submit the certified audit to the Secretary concerned.
       ``(4) Report.--Not later than 90 days after the end of the 
     fiscal year in which the audits were submitted under 
     paragraph (1), the Secretary concerned shall submit to the 
     appropriate committees of Congress a report that describes 
     the results of the audits submitted and certified under this 
     subsection.''.
                                 ______
                                 
  SA 1735. Mr. OBAMA submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 6, strike line 17 and all that follows 
     through page 7, line 16, and insert the following:
       (1) Advanced biofuel.--The term ``advanced biofuel'' means 
     fuel produced in the United States--
       (A) that meets the requirements of an appropriate American 
     Society for Testing and Materials standard; and
       (B) the lifecycle greenhouse gas emissions of which are at 
     least 50 percent lower than the average lifecycle greenhouse 
     gas emissions of conventional fuel, as determined by the 
     Administrator of the Environmental Protection Agency.
       On page 7, between lines 23 and 24, insert the following:
       (4) Conventional fuel.--The term ``conventional fuel'' 
     means any fossil-fuel based transportation fuel, boiler fuel, 
     or home heating fuel used in the United States as of the date 
     of enactment of this Act.
       On page 7, line 24, strike ``(4)'' and insert ``(5)''.
       On page 9, line 11, strike ``(5)'' and insert ``(6)''.
       On page 10, line 1, strike ``(6)'' and insert ``(7)''.
       On page 10, line 3, strike ``(7)'' and insert ``(8)''.
       On page 10, line 16, strike ``President'' and insert 
     ``Administrator of the Environmental Protection Agency''.
       On page 11, line 15, strike ``gasoline'' and insert 
     ``conventional fuel''.
       On page 13, line 3, strike ``2016'' and insert ``2012''.
       On page 13, between lines 5 and 6, strike the table and 
     insert the following:
                                 Applicable volume of advanced biofuels
                                                         Calendar year:
                                              (in billions of gallons):
  2012..........................................................0.5....

  2013..........................................................1.5....

  2014..........................................................2.5....

  2015..........................................................3.5....

  2016..........................................................4.5....

  2017..........................................................6.0....

  2018..........................................................9.0....

  2019.........................................................12.0....

  2020.........................................................15.0....

  2021.........................................................18.0....

  2022.........................................................21.0....

                                 ______
                                 
  SA 1736. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

       TITLE __--CLEAN RENEWABLE ENERGY AND ECONOMIC DEVELOPMENT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Clean Renewable Energy and 
     Economic Development Act''.

     SEC. _2. FINDINGS.

       Congress finds that--
       (1) electricity produced from renewable resources--
       (A) helps to reduce emissions of greenhouse gases and other 
     air pollutants;
       (B) enhances national energy security;
       (C) conserves water and finite resources; and
       (D) provides substantial economic benefits, including job 
     creation and technology development;
       (2) the potential exists for a far greater percentage of 
     electricity generation in the United States to be achieved 
     through the use of renewable resources, as compared to the 
     percentage of electricity generation using renewable 
     resources in existence as of the date of enactment of this 
     Act;
       (3) many of the best potential renewable energy resources 
     are located in rural areas far from population centers;
       (4) the lack of adequate electric transmission capacity is 
     a primary obstacle to the development of electric generation 
     facilities fueled by renewable energy resources;
       (5) the economies of many rural areas would substantially 
     benefit from the increased development of water-efficient 
     electric generation facilities fueled by renewable energy 
     resources;
       (6) more efficient use of the existing excess transmission 
     capacity, better integration of resources, and greater 
     investments in distributed generation and off-grid solutions 
     may increase the availability of transmission and 
     distribution capacity for adding renewable resources and help 
     keep ratepayer costs low;
       (7) the Federal Government has not adequately invested in 
     or implemented an integrated approach to accelerating the 
     development, commercialization, and deployment of renewable 
     energy technologies and renewable electricity generation, 
     including through enhancing distributed generation or through 
     vehicle- and transportation-sector use; and
       (8) it is in the national interest for the Federal 
     Government to implement policies that would enhance the 
     quantity of electric transmission capacity available to take 
     full advantage of the renewable energy resources available to 
     generate electricity, and to more fully integrate renewable 
     energy into the energy policies of the United States, and to 
     address the tremendous national security and global warming 
     challenges of the United States.

     SEC. 3. NATIONAL RENEWABLE ENERGY ZONES.

       (a) In General.--Title II of the Federal Power Act (16 
     U.S.C. 824 et seq.) is amended--
       (1) by inserting before the section heading of section 201 
     (16 U.S.C. 824 et seq.) the following:

     ``SUBPART A--REGULATION OF ELECTRIC UTILITY COMPANIES'';

     and
       (2) by adding at the end the following:

     ``SUBPART B--NATIONAL RENEWABLE ENERGY ZONES

     ``SEC. 231. DEFINITIONS.

       ``In this subpart:
       ``(1) Biomass.--
       ``(A) In general.--The term `biomass' means--
       ``(i) any lignin waste material that is segregated from 
     other waste materials and is determined to be nonhazardous by 
     the Administrator of the Environmental Protection Agency; and
       ``(ii) any solid, nonhazardous, cellulosic material that is 
     derived from--

       ``(I) mill residue, precommercial thinnings, slash, brush, 
     or nonmerchantable material;
       ``(II) solid wood waste materials, including a waste 
     pallet, a crate, dunnage, manufacturing and construction wood 
     wastes, and landscape or right-of-way tree trimmings;
       ``(III) agriculture waste, including an orchard tree crop, 
     a vineyard, a grain, a legume, sugar, other crop byproducts 
     or residues, and livestock waste nutrients; or
       ``(IV) a plant that is grown exclusively as a fuel for the 
     production of electricity.

       ``(B) Inclusions.--The term `biomass' includes animal waste 
     that is converted to a fuel rather than directly combusted, 
     the residue of which is converted to a biological fertilizer, 
     oil, or activated carbon.
       ``(C) Exclusions.--The term `biomass' does not include--
       ``(i) municipal solid waste;
       ``(ii) paper that is commonly recycled; or
       ``(iii) pressure-treated, chemically-treated, or painted 
     wood waste.
       ``(2) Commission.--The term `Commission' means the Federal 
     Energy Regulatory Commission.
       ``(3) Distributed generation.--The term `distributed 
     generation' means--
       ``(A) reduced electricity consumption from the electric 
     grid because of use by a customer of renewable energy 
     generated at a customer site; and
       ``(B) electricity or thermal energy production from a 
     renewable energy resource for a customer that is not 
     connected to an electric grid or thermal energy source 
     pipeline.
       ``(4) Electricity consuming area.--The term `electricity 
     consuming area' means the area within which electric energy 
     would be consumed if new high-voltage electric transmission 
     facilities were to be constructed to access renewable 
     electricity in a national renewable energy zone.
       ``(5) Electricity from renewable energy.--The term 
     `electricity from renewable energy' means--

[[Page 16672]]

       ``(A) electric energy generated from solar energy, wind, 
     biomass, landfill gas, the ocean (including tidal, wave, 
     current, and thermal energy), geothermal energy, or municipal 
     solid waste; or
       ``(B) new hydroelectric generation capacity achieved from 
     increased efficiency, or an addition of new capacity, at an 
     existing hydroelectric project.
       ``(6) Federal transmitting utility.--The term `Federal 
     transmitting utility' means--
       ``(A) a Federal power marketing agency that owns or 
     operates an electric transmission facility; and
       ``(B) the Tennessee Valley Authority.
       ``(7) Fuel cell vehicle.--The term `fuel cell vehicle' 
     means an onroad vehicle or nonroad vehicle that uses a fuel 
     cell (as defined in section 803 of the Spark M. Matsunaga 
     Hydrogen Act of 2005 (42 U.S.C. 16152)).
       ``(8) Grid-enabled vehicle.--The term `grid-enabled 
     vehicle' means an electric drive vehicle or fuel cell vehicle 
     that has the ability to communicate electronically with an 
     electric power provider or with a localized energy storage 
     system with respect to charging and discharging an onboard 
     energy storage device, such as a battery.
       ``(9) High-voltage electric transmission facility.--The 
     term `high-voltage electric transmission facility' means 1 of 
     the electric transmission facilities that--
       ``(A) are necessary for the transmission of electric power 
     from a national renewable energy zone to an electricity-
     consuming area in interstate commerce; and
       ``(B) has a capacity in excess of 200 kilovolts.
       ``(10) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo, or rancheria;
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo, or rancheria title to which was, on the 
     date of enactment of this subpart--
       ``(i) held in trust by the United States for the benefit of 
     any Indian tribe or individual; or
       ``(ii) held by any Indian tribe or individual subject to 
     restriction by the United States against alienation;
       ``(C) any dependent Indian community; and
       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act (42 U.S.C. 1601 
     et seq.).
       ``(11) Network upgrade.--The term `network upgrade' means 
     an addition, modification, or upgrade to the transmission 
     system of a transmission provider required at or beyond the 
     point at which the generator interconnects to the 
     transmission system of the transmission provider to 
     accommodate the interconnection of 1 or more generation 
     facilities to the transmission system of the transmission 
     provider.
       ``(12) Renewable electricity connection facility.--
       ``(A) In general.--The term `renewable electricity 
     connection facility' means an electricity generation or 
     transmission facility that uses renewable energy sources.
       ``(B) Inclusions.--The term `renewable electricity 
     connection facility' includes inverters, substations, 
     transformers, switching units, storage units and related 
     facilities, and other electrical equipment necessary for the 
     development, siting, transmission, storage, and 
     interconnection of electricity generated from renewable 
     energy sources.
       ``(13) Renewable energy credit.--The term `renewable energy 
     credit' means a unique instrument representing 1 or more 
     units of electricity generated from renewable energy that is 
     designated by a widely-recognized certification organization 
     approved by the Commission or the Secretary of Energy.
       ``(14) Renewable energy trunkline.--
       ``(A) In general.--The term `renewable energy trunkline' 
     means all transmission facilities and equipment within a 
     national renewable energy zone owned, controlled, or operated 
     by a transmission provider from the point at which the 
     ownership changes from the generation owner to the 
     transmission system of the transmission provider to the point 
     at which the facility connects to a high-voltage transmission 
     facility, including any modifications, additions or upgrades 
     to the facilities and equipment, at a voltage of 115 
     kilovolts or more.
       ``(B) Exclusion.--The term `renewable energy trunkline' 
     does not include a network upgrade.

     ``SEC. 232. DESIGNATION OF NATIONAL RENEWABLE ENERGY ZONES.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this subpart, the President shall designate as a 
     national renewable energy zone each geographical area that, 
     as determined by the President--
       ``(1) has the potential to generate in excess of 1 gigawatt 
     of electricity from renewable energy, a significant portion 
     of which could be generated in a rural area or on Federal 
     land within the geographical area;
       ``(2) has an insufficient level of electric transmission 
     capacity to achieve the potential described in paragraph (1); 
     and
       ``(3) has the capability to contain additional renewable 
     energy electric generating facilities that would generate 
     electricity consumed in 1 or more electricity consuming areas 
     if there were a sufficient level of transmission capacity.
       ``(b) Renewable Energy Requirements.--In making the 
     designations required by subsection (a), the President shall 
     take into account Federal and State requirements for 
     utilities to incorporate renewable energy as part of the load 
     of electric generating facilities.
       ``(c) Consultation.--Before making any designation under 
     subsection (a), the President shall consult with--
       ``(1) the Governors of affected States;
       ``(2) the public;
       ``(3) public and private electricity and transmission 
     utilities and cooperatives;
       ``(4) Federal and State land management and energy and 
     environmental agencies;
       ``(5) renewable energy companies;
       ``(6) local government officials;
       ``(7) renewable energy and energy efficiency interest 
     groups;
       ``(8) Indian tribes; and
       ``(9) environmental protection and land, water, and 
     wildlife conservation groups.
       ``(d) Recommendations.--Not sooner than 3 years after the 
     date of enactment of this subpart, and triennially 
     thereafter, the Secretary of Energy and the Federal 
     transmitting utilities, in cooperation with the Director of 
     the Bureau of Land Management, the Director of the United 
     States Geological Survey, the Commissioner of Reclamation, 
     the Director of the Forest Service, the Director of the 
     United States Fish and Wildlife Service, and the Secretary of 
     Defense, and after consultation with the Governors of the 
     States, shall recommend to the President and Congress--
       ``(1) specific areas with the greatest potential for 
     environmentally acceptable renewable energy resource 
     development; and
       ``(2) modifications of laws (including regulations) and 
     resource management plans necessary to fully achieve that 
     potential.
       ``(e) Revision of Designations.--Based on the 
     recommendations received under subsection (d), the President 
     may revise the designations made under subsection (a), as 
     appropriate.

     ``SEC. 233. ENCOURAGING CLEAN ENERGY DEVELOPMENT IN NATIONAL 
                   RENEWABLE ENERGY ZONES.

       ``(a) Cost Recovery.--The Commission shall promulgate such 
     regulations as are necessary to ensure that a public utility 
     transmission provider that finances a high-voltage electric 
     transmission facility or other renewable electricity 
     connection facility added in a national renewable energy zone 
     after the date of enactment of this subpart recovers all 
     prudently incurred costs, and a reasonable return on equity, 
     associated with the new transmission capacity.
       ``(b) Alternative Transmission Financing Mechanism.--
       ``(1) In general.--The Commission shall permit a renewable 
     energy trunkline built by a public utility transmission 
     provider in a national renewable energy zone to, in advance 
     of generation interconnection requests, be initially funded 
     through a transmission charge imposed on all transmission 
     customers of the transmission provider or, if the renewable 
     energy trunkline is built in an area served by a regional 
     transmission organization or independent system operator, all 
     of the transmission customers of the transmission operator, 
     if the Commission finds that--
       ``(A) the renewable energy resources that would use the 
     renewable energy trunkline are remote from the grid and load 
     centers;
       ``(B) the renewable energy trunkline will likely result in 
     multiple individual renewable energy electric generation 
     projects being developed by multiple competing developers; 
     and
       ``(C) the renewable energy trunkline has at least 1 project 
     subscribed through an executed generation interconnection 
     agreement with the transmission provider and has tangible 
     demonstration of additional interest.
       ``(2) New electric generation projects.--As new electric 
     generation projects are constructed and interconnected to the 
     renewable energy trunkline, the transmission services 
     contract holder for the generation project shall, on a 
     prospective basis, pay a pro rata share of the facility costs 
     of the renewable energy trunkline, thus reducing the effect 
     on the rates of customers of the public utility transmission 
     provider.
       ``(c) Federal Transmitting Utilities.--
       ``(1) In general.--Not later than 1 year after the 
     designation of a national renewable energy zone, a Federal 
     transmitting utility that owns or operates 1 or more electric 
     transmission facilities in the national renewable energy zone 
     shall identify specific additional high-voltage or other 
     renewable electricity connection facilities required to 
     substantially increase the generation of electricity from 
     renewable energy in the national renewable energy zone.
       ``(2) Lack of private funds.--If, by the date that is 3 
     years after the date of enactment of this subpart, no 
     privately-funded entity has committed to financing (through 
     self-financing or through a third-party financing arrangement 
     with a Federal transmitting utility) to ensure the 
     construction and operation of a high-voltage or other 
     renewable electricity connection facility identified pursuant 
     to paragraph (1) by a specified date, the Federal 
     transmitting utility

[[Page 16673]]

     responsible for the identification shall finance such a 
     transmission facility if the Federal transmitting utility has 
     sufficient bonding authority under paragraph (3).
       ``(3) Bonding authority.--
       ``(A) In general.--A Federal transmitting utility may issue 
     and sell bonds, notes, and other evidence of indebtedness in 
     an amount not to exceed, at any 1 time, an aggregate 
     outstanding balance of $10,000,000,000, to finance the 
     construction of transmission facilities identified pursuant 
     to paragraph (1) for the principal purposes of--
       ``(i) increasing the generation of electricity from 
     renewable energy; and
       ``(ii) conveying that electricity to an electricity 
     consuming area.
       ``(B) Recovery of costs.--A Federal transmitting utility 
     shall recover the costs of renewable electricity connection 
     facilities financed pursuant to paragraph (2) from entities 
     using the transmission facilities over a period of 50 years.
       ``(C) Nonliability of certain customers.--Individuals and 
     entities that, as of the date of enactment of this subpart, 
     are customers of a Federal transmitting utility shall not be 
     liable for the costs, in the form of increased rates charged 
     for electricity, of renewable electricity connection 
     facilities constructed pursuant to this section, except to 
     the extent the customers are treated in a manner similar to 
     all other users of the Federal transmitting utility.
       ``(d) Operation of High-Voltage Transmission Lines Using 
     Renewable Energy Resources.--
       ``(1) Public utilities financing limitation.--The 
     regulations promulgated pursuant to subsection (a) shall, to 
     the maximum extent practicable, ensure that not less than 75 
     percent of the capacity of any high-voltage transmission 
     lines financed pursuant to this section is used for 
     electricity from renewable energy.
       ``(2) Non-public utilities access limitation.--
     Notwithstanding section 368 of the Energy Policy Act of 2005 
     (42 U.S.C. 15926), the Commission shall promulgate 
     regulations to ensure, to the maximum extent practicable, 
     that not less than 75 percent of the capacity of high-voltage 
     transmission facilities sited primarily or partially on 
     Federal land and constructed after the date of enactment of 
     this subpart is used for electricity from renewable energy.

     ``SEC. 234. FEDERAL POWER MARKETING AGENCIES.

       ``(a) Promotion of Renewable Energy and Energy 
     Efficiency.--Each Federal transmitting utility shall--
       ``(1) identify and take steps to promote energy 
     conservation and renewable energy electric resource 
     development in the regions served by the Federal transmitting 
     utility;
       ``(2) use the purchasing power of the Federal transmitting 
     utility to acquire, on behalf of the Federal Government, 
     electricity from renewable energy and renewable energy 
     credits in sufficient quantities to meet the requirements of 
     section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
     15852); and
       ``(3) identify opportunities to promote the development of 
     facilities generating electricity from renewable energy on 
     Indian land.
       ``(b) Wind Integration Programs.--The Bonneville Power 
     Administration and the Western Area Power Administration 
     shall each establish a program focusing on the improvement of 
     the integration of wind energy into the transmission grids of 
     those Administrations through the development of transmission 
     products, including through the use of Federal hydropower 
     resources, that--
       ``(1) take into account the intermittent nature of wind 
     electric generation; and
       ``(2) do not impair electric reliability.
       ``(c) Solar Integration Program.--Each of the Federal Power 
     Administrations and the Tennessee Valley Authority shall 
     establish a program to carry out projects focusing on the 
     integration of solar energy, through photovoltaic 
     concentrating solar systems and other forms and systems, into 
     the respective transmission grids and into remote and 
     distributed applications in the respective service 
     territories of the Federal Power Administrations and 
     Tennessee Valley Authority, that--
       ``(1) take into account the solar energy cycle;
       ``(2) maximize the use of Federal land for generation or 
     energy storage, where appropriate; and
       ``(3) do not impair electric reliability.
       ``(d) Geothermal Integration Program.--The Bonneville Power 
     Administration and the Western Area Power Administration 
     shall establish a joint program to carry out projects 
     focusing on the development and integration of geothermal 
     energy resources into the respective transmission grids of 
     the Bonneville Power Administration and the Western Area 
     Power Administration, as well as non-grid, distributed 
     applications in those service territories, including projects 
     combining geothermal energy resources with biofuels 
     production or other industrial or commercial uses requiring 
     process heat inputs, that--
       ``(1) maximize the use of Federal land for the projects and 
     activities;
       ``(2) displace fossil fuel baseload generation or petroleum 
     imports; and
       ``(3) improve electric reliability.
       ``(e) Renewable Electricity and Energy Security Projects.--
       ``(1) In general.--The Federal transmitting utilities, 
     shall, in consultation with the Commission, the Secretary, 
     the National Association of Regulatory Utility Commissioners, 
     and such other individuals and entities as are necessary, 
     undertake geographically diverse projects within the 
     respective service territories of the utilities to acquire 
     and demonstrate grid-enabled and nongrid-enabled plug-in 
     electric and hybrid electric vehicles and related 
     technologies as part of their fleets of vehicles.
       ``(2) Increase in renewable energy use.--To the maximum 
     extent practicable, each project conducted pursuant to any of 
     subsections (b) through (d) shall include a component to 
     develop vehicle technology, utility systems, batteries, power 
     electronics, or such other related devices as are able to 
     substitute, as the main fuel source for vehicles, 
     transportation-sector petroleum consumption with electricity 
     from renewable energy sources.''.
       (b) Transmission Cost Allocation.--Section 206 of the 
     Federal Power Act (16 U.S.C. 824e) is amended by adding at 
     the following:
       ``(f) Transmission Cost Allocation.--
       ``(1) In general.--Not later than 180 days after the date 
     on which the President designates an area as a national 
     renewable energy zone under section 232, the State utility 
     commissions or other appropriate bodies having jurisdiction 
     over the public utilities providing service in the national 
     renewable energy zone or an adjacent electricity consuming 
     area may jointly propose to the Commission a cost allocation 
     plan for high-voltage electric transmission facilities built 
     by a public utility transmission provider that would serve 
     the electricity consuming area.
       ``(2) Approval.--The Commission may approve a plan proposed 
     under paragraph (1) if the Commission determines that--
       ``(A) taking into account the users of the transmission 
     facilities, the plan will result in rates that are just and 
     reasonable and not unduly discriminatory or preferential; and
       ``(B) the plan would not unduly inhibit the development of 
     renewable energy electric generation projects.
       ``(3) Cost allocation.--Unless a plan is approved by the 
     Commission under paragraph (2), the Commission shall fairly 
     allocate the costs of new high-voltage electric transmission 
     facilities built in the area by 1 or more public utility 
     transmission providers (recognizing the national and regional 
     benefits associated with increased access to electricity from 
     renewable energy) pursuant to a rolled-in transmission 
     charge.
       ``(4) Federal transmitting utility.--Nothing in this 
     subsection expands, directly or indirectly, the jurisdiction 
     of the Commission with respect to any Federal transmitting 
     utility.''.
       (c) Conforming Amendments.--
       (1) Section 3 of the Federal Power Act (42 U.S.C. 796) is 
     amended by adding at the end the following:
       ``(30) Electric drive vehicle.--
       ``(A) In general.--The term `electric drive vehicle' means 
     a vehicle that uses--
       ``(i) an electric motor for all or part of the motive power 
     of the vehicle; and
       ``(ii) off-board electricity wherever practicable.
       ``(B) Inclusions.--The term `electric drive vehicle' 
     includes--
       ``(i) a battery electric vehicle;
       ``(ii) a plug-in hybrid electric vehicle; and
       ``(iii) a plug-in hybrid fuel cell vehicle.''.
       (2) Subpart A of part II of the Federal Power Act (as 
     redesignated by subsection (a)) is amended--
       (A) in the heading of section 201, by striking ``part'' and 
     inserting ``subpart''; and
       (B) by striking ``this Part'' each place it appears and 
     inserting ``this subpart''.

                                 ______
                                 
  SA 1737. Mr. REID (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 102, redesignate paragraphs (2), (3), (4), (5), 
     (6), and (7) as paragraphs (4), (5), (13), (16), (17), and 
     (18), respectively.
       In section 102, between paragraphs (1) and (4) (as so 
     redesignated), insert the following:
       (2) Advanced renewable fuel.--The term ``advanced renewable 
     fuel'' means--
       (A) advanced biofuel; or
       (B) renewable electric fuel.
       (3) Battery.--The term ``battery'' means an energy storage 
     device used in an onroad vehicle or nonroad vehicle powered, 
     in whole or in part, using an off-board or on-board source of 
     electricity.
       In section 102, between paragraphs (5) and (13) (as so 
     redesignated), insert the following:
       (6) Electric drive vehicle.--
       (A) In general.--The term ``electric drive vehicle'' means 
     a vehicle that uses--

[[Page 16674]]

       (i) an electric motor for all or part of the motive power 
     of the vehicle; and
       (ii) off-board electricity.
       (B) Inclusions.--The term ``electric drive vehicle'' 
     includes--
       (i) a battery electric vehicle;
       (ii) a plug-in hybrid electric vehicle; and
       (iii) a plug-in hybrid fuel cell vehicle.
       (7) Fuel cell vehicle.--The term ``fuel cell vehicle'' 
     means an onroad vehicle or nonroad vehicle that uses a fuel 
     cell (as defined in section 803 of the Spark M. Matsunaga 
     Hydrogen Act of 2005 (42 U.S.C. 16152)).
       (8) Geothermal energy.--The term ``geothermal energy'' 
     means energy derived from a geothermal deposit (within the 
     meaning of section 613(e)(2) of the Internal Revenue Code of 
     1986).
       (9) Incremental hydropower.--
       (A) In general.--The term ``incremental hydropower'' means 
     additional energy generated as a result of an efficiency 
     improvement or capacity addition made on or after January 1, 
     2003, to an existing hydropower facility, as measured on the 
     basis of the same water flow information that is used to 
     determine the historic average annual generation baseline for 
     the hydropower facility and certified by the Secretary or the 
     Federal Energy Regulatory Commission.
       (B) Exclusion.--The term ``incremental hydropower'' does 
     not include additional energy generated as a result of 
     operational changes not directly associated with an 
     efficiency improvement or capacity addition.
       (10) Ocean energy.--The term ``ocean energy'' includes 
     current, wave, tidal, and thermal energy.
       (11) Plug-in hybrid electric vehicle.--The term ``plug-in 
     hybrid electric vehicle'' means an onroad vehicle or nonroad 
     vehicle that is propelled by an internal combustion engine or 
     heat engine using--
       (A) any combustible fuel;
       (B) an onboard, rechargeable storage device; and
       (C) a means of using an off-board source of electricity.
       (12) Plug-in hybrid fuel cell vehicle.--The term ``plug-in 
     hybrid fuel cell vehicle'' means a fuel cell vehicle with a 
     battery powered by an off-board source of electricity.
       In section 102, between paragraphs (13) and (16) (as so 
     redesignated), insert the following:
       (14) Renewable electric fuel.--The term ``renewable 
     electric fuel'' means renewable energy from electricity that 
     is used to power a vehicle.
       (15) Renewable energy.--The term ``renewable energy'' means 
     electric energy generated at a facility (including a 
     distributed generation facility) placed in service on or 
     after January 1, 2003, from--
       (A) solar, wind, or geothermal energy;
       (B) ocean energy;
       (C) incremental hydropower;
       (D) biomass (as defined in section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b))); or
       (E) landfill gas.
       In section 102(16)(A) (as so redesignated), strike clause 
     (i) and insert the following:
       (i) produced from--

       (I) renewable biomass; or
       (II) renewable energy; and

       In section 102(16)(B), strike clauses (i) and (ii) and 
     insert the following:
       (i) conventional biofuel;
       (ii) advanced biofuel; and
       (iii) renewable electric fuel.
       At the end of section 111(a)(1), add the following:
       (D) Regulations for renewable electric fuel.--
       (i) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to incorporate renewable electric fuel into the 
     renewable fuel program established under this title.
       (ii) Auditing and certification procedures.--The 
     regulations promulgated under clause (i) shall include 
     auditing and certification procedures for verifying that 
     renewable electricity is being used as a motor fuel under the 
     renewable fuel program.
       (iii) Awarding of renewable fuel credits.--The President 
     shall award renewable fuel credits to renewable electric fuel 
     producers and distributors only if the producer or 
     distributor demonstrates through the established 
     certification procedures that renewable electric fuel is 
     being used as a motor fuel.
       In section 111(a)(2)(A)(ii), strike ``biofuels'' each place 
     it appears and insert ``renewable fuels''.
       In section 111(a)(2)(B)(ii), strike ``biofuels'' and insert 
     ``renewable fuels''.
       At the end of section 111(c), add the following:
       (4) Energy content relative for renewable electric fuel.--
     The conversion factor of renewable electric fuel shall be 6.4 
     kilowatt hours of renewable electricity per gallon of 
     renewable fuel, unless the President establishes a different 
     conversion factor by regulation.
                                 ______
                                 
  SA 1738. Mr. COLEMAN (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 47, after line 23, add the following:

     SEC. 131. LOCAL OWNERSHIP OF BIOREFINERIES.

       ``(a) Definitions.--In this section:
       ``(1) Biorefinery.--The term `biorefinery' has the meaning 
     given the term in section 9003(b).
       ``(2) Eligible purchaser.--The term `eligible purchaser', 
     with respect to a biorefinery, means--
       ``(A) a natural person with a principal residence that is 
     located not more than 50 miles from the biorefinery; or
       ``(B) a farmer or rancher cooperative.
       ``(b) Requirement.--
       ``(1) In general.--Subject to paragraphs (2) and (3), in 
     the case of a biorefinery that is financed, refinanced, or 
     financially supported, in whole or in part, using a loan, 
     loan guarantee, or grant made by a Federal agency on or after 
     the date of enactment of this section, as a condition of the 
     receipt of the loan, loan guarantee, or grant, the recipient 
     shall provide eligible purchasers with an opportunity to 
     participate in the financing or ownership of the biorefinery 
     in accordance with this section.
       ``(2) Farmers and rancher cooperatives.--If the recipient 
     of a loan, loan guarantee, or grant made by a Federal agency 
     under paragraph (1) is a farmer or rancher cooperative, it 
     fulfills the requirement in paragraph (1) above. However, the 
     farmer or rancher cooperative may provide eligible purchasers 
     with an opportunity to participate in the financing or 
     ownership of the biorefinery in accordance with this section.
       ``(3) Level of federal support.--Paragraph (1) shall apply 
     to a biorefinery only if not less than 3 percent of the total 
     amount of funds that is used to finance, refinance, or 
     financially support the biorefinery is derived from Federal 
     funds.
       ``(c) Terms and Conditions.--To be eligible to receive a 
     loan, loan guarantee, or grant from a Federal agency in 
     connection with a biorefinery, the recipient--
       ``(1) during the 60-day period beginning on the date of 
     receipt of the loan, loan guarantee, or grant by the 
     recipient, shall permit eligible purchasers to participate in 
     the financing or ownership of the biorefinery on the 
     conditions that--
       ``(A) eligible purchasers, collectively, be allowed to 
     invest not less than 40 percent of the projected total amount 
     of non-Federal funds that will be used to construct or expand 
     the biorefinery; and
       ``(B) an individual eligible purchaser be allowed to invest 
     not more than 2.5 percent of the projected total amount of 
     non-Federal funds that will be used to construct or expand 
     the biorefinery;
       ``(2) shall provide to eligible purchasers competitive 
     terms and conditions that are no less favorable than the 
     terms and conditions that are offered for funding for similar 
     recipients or classes of recipients or, if there are no 
     similar recipients or classes of recipients, other entities 
     with similar risk characteristics, as determined by the 
     Secretary;
       ``(3) if the amount of funding offered by eligible 
     purchasers for a biorefinery exceeds the amount that is 
     solicited by a recipient, may--
       ``(A) accept all such offered amounts; or
       ``(B) award the amounts on a competitive basis; and
       ``(4) shall conduct the financing or refinancing of the 
     biorefinery in accordance with Federal law (including Federal 
     law governing securities).''.
                                 ______
                                 
  SA 1739. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 54, line 1, strike ``$1.11'' and insert ``$1.28''.
                                 ______
                                 
  SA 1740. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency

[[Page 16675]]

and Renewables Reserve to invest in alternative energy, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 180, strike line 23 and all that follows 
     through page 181, line 9, and insert the following:
       ``(2) Carbon capture demonstration projects.--
       ``(A) In general.--The Secretary shall carry out a 
     demonstration of not less than 5 large-scale carbon dioxide 
     capture technologies developed by appropriate applicants, as 
     selected by the Secretary, including any--
       ``(i) precombustion technology;
       ``(ii) postcombustion technology;
       ``(iii) oxy-fuel combustion technology; and
       ``(iv) other promising new technology, as determined by the 
     Secretary.
       ``(B) Facilities.--The Secretary shall select 1 or more 
     appropriate sites and facilities to test each technology 
     selected under subparagraph (A).
       ``(C) Linkage to storage activities.--The Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, may require the carbon dioxide captured 
     from each demonstration project carried out under 
     subparagraph (A) to be used in large-scale carbon dioxide 
     sequestration demonstration projects.
                                 ______
                                 
  SA 1741. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. REID to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

             TITLE __--COASTAL AND OCEAN DEVELOPMENT GRANTS

     SEC. --01. COASTAL AND OCEAN ASSISTANCE FOR STATES FUND.

       (a) In General.--There is established in the Treasury of 
     the United States a fund to be known as the Coastal and Ocean 
     Assistance for States Fund.
       (b) Credits.--Beginning with fiscal year 2008, the Fund 
     shall be credited with 5 percent of the amounts deposited in 
     the Treasury of the United States under section 9 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1338).

     SEC. --02. COASTAL AND OCEAN ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall--
       (1) establish a grant program to provide grants to eligible 
     coastal States in accordance with this title; and
       (2) make 85 percent of the amounts available in the Fund 
     for each fiscal year available for grants under the program.
       (b) Eligible Coastal States.--To be eligible for a grant 
     under the program, a coastal State shall--
       (1) submit an application to the Secretary at such time, in 
     such form, and containing such information as the Secretary 
     may require; and
       (2) include in its application a multi-year plan, subject 
     to approval by the Secretary, for the use of funds received 
     under the grant program;
       (3) demonstrate to the satisfaction of the Secretary that 
     it has established a trust fund, or other accounting 
     measures, subject to approval by the Secretary, to ensure the 
     accurate accounting of funds received under the grant 
     program, to administer funds received under the grant 
     program;
       (4) specify in its application how it will allocate any 
     funds received under the grant program among--
       (A) coastal zone management activities;
       (B) coastal and estuarine land protection;
       (C) living marine resource activities;
       (D) relocation of threatened coastal villages;
       (E) natural resources enhancements;
       (F) mitigation of impacts from offshore activities;
       (G) coastal damage prevention and restoration;
       (H) coastal zone management education; and
       (I) management costs associated with eligible activities 
     under section --03; and
       (4) describe in its application each activity to be 
     financed, in whole or in part, with funds provided by the 
     grant.
       (c) Allocation of Grant Funds.--
       (1) In general.--The Secretary shall allocate grants under 
     the program among the eligible coastal States according to a 
     formula under which--
       (A) 31 percent of the funds are allocated equally among 
     coastal States that have a coastal management program 
     approved under to the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1451 et seq.);
       (B) 31 percent of the funds are allocated on the basis of 
     the ratio of tidal shoreline miles in a State to the tidal 
     shoreline miles of all States;
       (C) 31 percent of the funds are allocated on the basis of 
     the ratio of coastal population of a State to the coastal 
     population of all States; and
       (D) 7 percent of the funds are allocated on the basis of 
     the ratio of--
       (i) the square miles of national marine sanctuaries, marine 
     monuments, and national estuarine research reserves within 
     the seaward boundaries of a an eligible coastal State, to
       (ii) to the total square miles of all such sanctuaries, 
     monuments, and reserves within the seaward boundaries of all 
     eligible coastal States.
       (2) Territories.--For purposes of paragraph (1), Puerto 
     Rico, the Virgin Islands, Guam, the Northern Mariana Islands, 
     and American Samoa shall be treated collectively as a single 
     State.
       (3) Reallocation.--If, at the end of any fiscal year, funds 
     available for distribution under the program remain 
     unexpended and unobligated, the Secretary may--
       (A) carry such remaining funds forward for not more than 3 
     fiscal years; and
       (B) reallocate any such remaining funds among eligible 
     coastal States in accordance with the formula described in 
     paragraph (1).
       (d) Local government share.--In awarding grants under the 
     program, the Secretary shall ensure that not less than 20 
     percent of the funds made available to a State in each fiscal 
     year pursuant to this title shall be made available to 
     coastal local governments of such State to carry out eligible 
     activities under section --03.

     SEC. --03. ELIGIBLE USE OF FUNDS.

       Grant funds under section --02 may only be used for--
       (1) coastal management planning and implementation, as 
     provided for under the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.);
       (2) coastal and estuarine land protection, including the 
     protection of the environmental integrity of important 
     coastal and estuarine areas, including wetlands and forests, 
     that have significant conservation, recreation, ecological, 
     historical, or aesthetic values, or that are threatened by 
     conversion from their natural, undeveloped, or recreational 
     state to other uses;
       (3) efforts to protect and manage living marine resources, 
     including fisheries, research, management, and enhancement;
       (4) programs and activities in coordination with the 
     National Oceanic and Atmospheric Administration designed to 
     improve or complement the management and mission of national 
     marine sanctuaries, marine monuments, and national estuarine 
     research reserves;
       (5) mitigation, restoration, protection, and relocation of 
     threatened native and rural coastal communities;
       (6) mitigation of the effects of offshore activities, 
     including environmental restoration;
       (7) efforts to protect and restore coastal lands and 
     wetlands, and to restore or prevent damage to wetlands in the 
     coastal zone and coastal estuaries to lands, life, and 
     property;
       (8) long-range coastal and ocean research and education, 
     and natural resource management; or
       (9) regional multi-State management efforts designed to 
     manage, protect, or restore the coastal zone and ocean 
     resources.

     SEC. --04. FISH AND WILDLIFE IMPROVEMENT GRANTS.

       Within 6 months after the date of enactment of this Act, 
     the Secretary, in consultation with the Secretary of the 
     Interior, shall--
       (1) establish by regulation a grant program to provide 
     grants to States to manage, protect, and improve fish and 
     wildlife habitat; and
       (2) make 10 percent of the amounts available in the Fund 
     for each fiscal year available for grants under the program.
       (b) Eligible States.--To be eligible to participate in the 
     grant program, a State shall submit an application to the 
     Secretary at such time, in such form, and containing such 
     information as the Secretary may require.

     SEC. --05. ADMINISTRATION.

       Except as otherwise expressly provided in this title, not 
     more than 5 percent of the amounts available in the Fund for 
     a fiscal year may be used by the Secretary for administrative 
     expenses and for activities and programs related to the 
     protection of coastal, fishery, and ocean resources.

     SEC. --06. AUDITS.

       The Secretary shall establish such rules regarding 
     recordkeeping by State and local governments and the auditing 
     of expenditures made by State and local governments from 
     funds made available under this title as may be necessary. 
     Such rules shall be in addition to other requirements 
     established regarding recordkeeping and the auditing of such 
     expenditures under other authority of law.

     SEC. --07. DISPOSITION OF FUNDS.

       Notwithstanding any other provision of this title, a 
     coastal State or local government may use funds received 
     under this title to make any payment that is eligible to be 
     made with funds provided to States under section 35 of the 
     Mineral Leasing Act (30 U.S.C. 191).

     SEC. --08. DEFINITIONS.

       In this title:

[[Page 16676]]

       (1) Coastal population.--The term ``coastal population'' 
     means the population of all political subdivisions, as 
     determined by the most recent official data of the Census 
     Bureau, contained in whole or in part within the designated 
     coastal boundary of a State as defined in a State's coastal 
     zone management program under the Coastal Zone Management Act 
     (16 U.S.C. 1451 et seq) as of the date of enactment of this 
     Act.
       (2) Coastal state.--The term ``coastal State'' has the 
     meaning given that term by section 304(4) of the Coastal Zone 
     Management Act (16 U.S.C. 1453(4)).
       (3) The term ``Fund'' means the Coastal and Ocean 
     Assistance for States Fund established by section --01(a).
       (4) Local government.--The term ``local government'' means 
     a political subdivision all or part of which is within a 
     coastal zone (as defined in section 304 of the Coastal Zone 
     Management Act (16 U.S.C. 1453(1))) as of the date of 
     enactment of this Act.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (6) State.--The term ``State'' means--
       (A) each of the several States;
       (B) the District of Columbia; and
       (C) Puerto Rico, the Virgin Islands, Guam, the Northern 
     Mariana Islands, and American Samoa.
       (7) Tidal shoreline.--The term ``tidal shoreline'' has the 
     same meaning as when used in section 923.110(c)(2)(i) of 
     title 15, Code of Federal Regulations, as that section is in 
     effect as of the date of enactment of this Act.

                   TITLE __--OCEAN POLICY TRUST FUND

     SEC. --01. OCEAN POLICY TRUST FUND.

       (a) In General.--There is established in the Treasury of 
     the United States a fund to be known as the Ocean Policy 
     Trust Fund.
       (b) Credits.--Beginning with fiscal year 2008, the Fund 
     shall be credited with an amount equal to 5 percent of the 
     amounts deposited in the Treasury of the United States under 
     section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1338).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year--
       (1) amounts in the aggregate not in excess of 95 percent of 
     the amounts available in the Fund for that fiscal year for 
     grants under this title; and
       (2) such sums as may be necessary, not in excess of 5 
     percent of the amounts available in the Fund for that fiscal 
     year, to the Secretary of Commerce for administrative 
     expenses of managing the grant program established by section 
     --03 of this title.
       (d) Reversion.--Unless otherwise provided in the grant 
     terms, any grant funds that are not obligated nor expended at 
     the end of the 2-year period beginning on the date on which 
     the grant funds become available to the grantee shall be 
     returned to the Fund.

     SEC. --02. OCEAN POLICY TRUST FUND COUNCIL.

       (a) Membership.--
       (1) An Ocean Policy Trust Fund Council is established which 
     shall consist of 12 members as follows:
       (A) The Under Secretary of Commerce for Oceans and 
     Atmosphere.
       (B) The Assistant Administrator of the National Marine 
     Fisheries Service.
       (C) The Assistant Administrator of the National Ocean 
     Service.
       (D) An employee of the Department of the Interior with 
     expertise in ocean resource management, to be designated by 
     the Secretary of the Interior.
       (E) 4 representatives of the oil and gas industry or the 
     commercial fishing industry, to be appointed by the Secretary 
     of Commerce, of whom--
       (i) 1 shall be appointed to represent the East Coast, 1 
     shall be appointed to represent the Gulf of Mexico, 1 shall 
     be appointed to represent the West Coast, and 1 shall be 
     appointed to represent Alaska; and
       (ii) at least 2 of whom shall represent the commercial 
     fishing industry.
       (F) 2 representatives of non-profit conservation 
     organizations, appointed by the Secretary of Commerce.
       (G) 2 representatives of academia with ocean science 
     credentials, appointed by the Secretary of Commerce.
       (b) Appointment and Terms.--
       (1) Except as provided in paragraphs (2), (3), and (4), the 
     term of office of a member of the Council appointed under 
     subsection (a)(1)(E), (a)(1)(F), or (a)(1)(G) of this section 
     is 3 years.
       (2) Of the Council members first appointed under subsection 
     (a)(1)(E) of this section, 1 shall be appointed for a term of 
     1 year and 1 shall be appointed for a term of 2 years.
       (3) Of the Council members first appointed under subsection 
     (a)(1)(F) of this section, 1 shall be appointed for a term of 
     2 years.
       (4) Of the Council members first appointed under subsection 
     (a)(1)(G) of this section, 1 shall be appointed for a term of 
     1 year and one shall be appointed for a term of 2 years.
       (5) Whenever a vacancy occurs among members of the Council 
     appointed under subparagraph (E), (F), or (G) of subsection 
     (a)(1) of this section, the Secretary shall appoint an 
     individual in accordance with that subparagraph to fill that 
     vacancy for the remainder of the applicable term.
       (c) Chairman.--The Council shall have a Chairman, who shall 
     be elected by the Council from its members. The Chairman 
     shall serve for a 3-year term, except that the first Chairman 
     may be elected for a term of less than 3 years, as determined 
     by the Council.
       (d) Quorum.--8 members of the Council shall constitute a 
     quorum for the transaction of business.
       (e) Meetings.--The Council shall meet at the call of the 
     Chairman at least once per year. Council meetings shall be 
     open to the public, and the Chairman shall take appropriate 
     steps to provide adequate notice to the public of the time 
     and place of such meetings. If a Council member appointed 
     under subparagraph (E), (F), or (G) of subsection (a)(1) of 
     this section misses 3 consecutively scheduled meetings, the 
     Secretary may remove that individual in accordance with 
     subsection (b)(5) of this section.
       (f) Coordinator.--The Under Secretary shall appoint an 
     individual, who shall serve at the pleasure of the 
     Administrator--
       (1) to be responsible, with assistance from the National 
     Oceanic and Atmospheric Administration, for facilitating 
     consideration of Fund grant applications by the Council and 
     otherwise assisting the Council in carrying out its 
     responsibilities; and
       (2) who shall be compensated with the funds appropriated 
     under section --01(c)(2) of this title.
       (g) Functions.--The Council shall--
       (1) receive and review grant applications under section --
     03; and
       (2) make recommendations to the Senate Appropriations 
     Committee and the House of Representatives Appropriations 
     Committee concerning--
       (A) which grant requests should be funded;
       (B) the amount of each such grant request that should be 
     funded; and
       (C) whether the Congress should impose any specific 
     requirements, conditions, or limitations on a grant 
     recommended for funding.

     SEC. --03. OCEAN POLICY TRUST FUND GRANT PROGRAM.

       (a) In General.--There is established a grant program under 
     which grants are to be funded, as provided by appropriations 
     Acts, from amounts in the Fund. The grant program shall be 
     administered by the Secretary, who shall establish 
     applications, review, oversight, and financial accountability 
     procedures and administer any funds appropriated under 
     subsection (b).
       (b) Award by Appropriation.--Grants under the program shall 
     be awarded by appropriations Act on the basis of the 
     Council's recommendations.
       (c) Applications.--A State or local government, nonprofit 
     conservation organization, or other person seeking a grant 
     from the Fund shall submit an application, in accordance with 
     the procedures established by the Secretary under subsection 
     (a), to the Council--
       (1) containing such information and assurances as the 
     Secretary may require;
       (2) describing how the grant proceeds will be allocated 
     among--
       (A) ocean protection activities;
       (B) coastal zone management activities;
       (C) coastal and estuarine land protection;
       (D) living marine resource activities;
       (E) natural resource enhancements;
       (F) mitigation of impacts from offshore activities;
       (H) ocean literacy and education; and
       (3) describing with specificity the purpose for which the 
     grant will be used.
       (d) Eligible Purposes.--A grant under the program may be 
     used for--
       (1) efforts to protect and manage living marine resources 
     and their habitat, including fisheries, fisheries 
     enforcement, research, management, and enhancement;
       (2) programs and activities in coordination with the 
     National Oceanic and Atmospheric Administration or the 
     Department of Interior designed to improve or complement the 
     management and mission of national marine sanctuaries, marine 
     monuments and national estuarine research reserves;
       (3) coastal management planning and implementation, as 
     provided for under the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.);
       (4) coastal and estuarine land protection and erosion 
     control, including protection of the environmental integrity 
     of important coastal and estuarine areas; and
       (5) mitigation of the effects of offshore activities, 
     including environmental restoration.

     SEC. --04. DEFINITIONS.

       In this title:
       (1) Council.--The term ``Council'' means the Ocean Policy 
     Trust Fund Council established by section --02.
       (2) Fund.--The term ``Fund'' means the Ocean Policy Trust 
     Fund established by section --01.
       (3) Secretary.--Except where otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.
                                 ______
                                 
  SA 1742. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency

[[Page 16677]]

and Renewables Reserve to invest in alternative energy, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE 
                   EMPLOYER PLANS.

       (a) In General.--In the case of an applicable pension 
     plan--
       (1) if an eligible employer elects the application of 
     subsection (b), any liability of the employer with respect to 
     the applicable pension plan shall be determined under 
     subsection (b), and
       (2) if an eligible employer does not make such election, 
     any liability of the employer with respect to the applicable 
     pension plan shall be determined under subsection (c).
       (b) Election to Spin Off Liability.--
       (1) In general.--If an eligible employer elects, within 180 
     days after the date of the enactment of this Act, to have 
     this subsection apply, the applicable pension plan shall be 
     treated as having, effective January 1, 2006, spun off such 
     employer's allocable portion of the plan's assets and 
     liabilities to an eligible spunoff plan and the employer's 
     liability with respect to the applicable pension plan shall 
     be determined by reference to the eligible spunoff plan in 
     the manner provided under paragraph (2). The employer's 
     liability, as so determined, shall be in lieu of any other 
     liability to the Pension Benefit Guaranty Corporation or to 
     the applicable pension plan with respect to the applicable 
     pension plan.
       (2) Liability of employers electing spinoff.--
       (A) Ongoing funding liability.--
       (i) In general.--In the case of an eligible spunoff plan, 
     the amendments made by section 401, and subtitles A and B of 
     title I, of the Pension Protection Act of 2006 shall not 
     apply to plan years beginning before the first plan year for 
     which the plan ceases to be an eligible spunoff plan (or, if 
     earlier, January 1, 2017), and except as provided in clause 
     (ii), the employer maintaining such plan shall be liable for 
     ongoing contributions to the eligible spunoff plan on the 
     same terms and subject to the same conditions as under the 
     provisions of the Employee Retirement Income Security Act of 
     1974 and the Internal Revenue Code of 1986 as in effect 
     before such amendments. Such liability shall be in lieu of 
     any other liability to the Pension Benefit Guaranty 
     Corporation or to the applicable pension plan with respect to 
     the applicable pension plan.
       (ii) Interest rate.--In applying section 302(b)(5)(B) of 
     the Employee Retirement Income Security Act of 1974 and 
     section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as 
     in effect before the amendments made by subtitles A and B of 
     title I of the Pension Protection Act of 2006) and in 
     applying section 4006(a)(3)(E)(iii) of such Act (as in effect 
     before the amendments made by section 401 of such Act) to an 
     eligible spunoff plan for plan years beginning after December 
     31, 2007, and before the first plan year to which such 
     amendments apply, the third segment rate determined under 
     section 303(h)(2)(C)(iii) of such Act and section 
     430(h)(2)(C)(iii) of such Code (as added by such amendments) 
     shall be used in lieu of the interest rate otherwise used.
       (B) Termination liability.--If an eligible spunoff plan 
     terminates under title IV of the Employee Retirement Income 
     Security Act of 1974 on or before December 31, 2010, the 
     liability of the employer maintaining such plan resulting 
     from such termination under section 4062 of the Employee 
     Retirement Income Security Act of 1974 shall be determined in 
     accordance with the assumptions and methods described in 
     subsection (c)(2)(A). The employer's liability, as so 
     determined, shall be in lieu of any other liability to the 
     Pension Benefit Guaranty Corporation or to the applicable 
     pension plan with respect to the applicable pension plan.
       (c) Liability of Employers Not Electing Spinoff.--
       (1) In general.--If an applicable pension plan is 
     terminated under the Employee Retirement Income Security Act 
     of 1974, an eligible employer which does not make the 
     election described in subsection (b) shall be liable to the 
     corporation with respect to the applicable pension plan (in 
     lieu of any other liability to the Pension Benefit Guaranty 
     Corporation or to the applicable pension plan with respect to 
     the applicable pension plan ) in an amount equal to the 
     fractional portion of the adjusted unfunded benefit 
     liabilities of such plan as of December 31, 2005, determined 
     without regard to any adjusted unfunded benefit liabilities 
     to be transferred to an eligible spunoff plan pursuant to 
     subsection (b).
       (2) Definitions.--For purposes of this subsection--
       (A) Adjusted unfunded benefit liabilities.--The term 
     ``adjusted unfunded benefit liabilities'' means the amount of 
     unfunded benefit liabilities (as defined in section 
     4001(a)(18) of the Employee Retirement Income Security Act of 
     1974), except that the interest assumption shall be the rate 
     of interest under section 302(b) of the Employee Retirement 
     Income Security Act of 1974 and section 412(b) of the 
     Internal Revenue Code of 1986, as in effect before the 
     amendments made by the Pension Protection Act of 2006, for 
     the most recent plan year for which such rate exists.
       (B) Fractional portion.--The term ``fractional portion'' 
     means a fraction, the numerator of which is the amount 
     required to be contributed to the applicable pension plan for 
     the 5 plan years ending before December 31, 2005, by such 
     employer, and the denominator of which is the amount required 
     to be contributed to such plan for such plan years by all 
     employers which do not make the election described in 
     subsection (b).
       (d) Other Definitions.--For purposes of this section--
       (1) Applicable pension plan.--The term ``applicable pension 
     plan'' means a single employer plan which--
       (A) was established in the State of Alaska on March 18, 
     1967, and
       (B) as of January 1, 2005, had 2 or more contributing 
     sponsors at least 2 of which were not under common control.
       (2) Allocable portion.--The term ``allocable portion'' 
     means, with respect to any eligible employer making an 
     election under subsection (b), the portion of an applicable 
     pension plan's liabilities and assets which bears the same 
     ratio to all such liabilities and assets as such employer's 
     share (determined under subsection (c) as if no eligible 
     employer made an election under subsection (b)) of the excess 
     (if any) of--
       (A) the liabilities of the plan, valued in accordance with 
     subsection (c), over
       (B) the assets of the plan,
     bears to the total amount of such excess.
       (3) Eligible employer.--An ``eligible employer'' is an 
     employer which participated in an eligible multiple employer 
     plan on or after January 1, 2000.

                                 ______
                                 
  SA 1743. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TAX-EXEMPT TREATMENT OF CERTAIN BONDS ISSUED BY 
                   CERTAIN JOINT ACTION AGENCIES.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, with respect to the issuance of any bond after the 
     date of the enactment of this Act by any joint action agency 
     described in subsection (b), if such bond satisfies the 
     requirements of subsection (c) then--
       (1) such bond shall be treated as issued by a political 
     subdivision for purposes of section 103 of such Code, and
       (2) the sale or transmission of power by such agency to its 
     members shall not result in such bond being treated as a 
     private activity bond under section 141 of such Code.
       (b) Agency Described.--An agency is described in this 
     subsection if such agency is established under State law on 
     December 1, 2000, or July 26, 2005, for the purpose of 
     participating in the ownership, design, construction, 
     operation, and maintenance of 1 or more generating or 
     transmission facilities and has the powers and immunities of 
     a public utility, and such agency's membership includes at 
     least 1 municipal utility.
       (c) Bond Requirements.--A bond issued as part of an issue 
     satisfies the requirements of this subsection if the 
     aggregate face amount of the bonds issued pursuant to such 
     issue, when added to the aggregate face amount of bonds 
     previously issued pursuant to this section by all agencies 
     described in subsection (b), does not exceed $1,000,000,000. 
     An agency established under State law in 2005 shall not 
     expend any portion of the final 25 percent of that portion 
     available to such agency of the initial authorization of 
     $1,000,000,000 without the approval of at least 80 percent of 
     the agency's board of directors.

                                 ______
                                 
  SA 1744. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VI, insert the following:

     SEC. 611. INVESTIGATION OF GASOLINE PRICES.

       (a) In General.--Notwithstanding any other provision of 
     law, if, based on weekly data published by the Energy 
     Information Administration of the Department of Energy, the 
     average weekly price of gasoline in a State or urban area 
     increases 20 percent or more at least 3 times in any 3-month 
     period, the Federal Trade Commission shall examine the causes 
     and initiate an investigation, if

[[Page 16678]]

     necessary, into the retail price of gasoline in that State to 
     determine if the price of gasoline is being artificially 
     manipulated by reducing refinery capacity or by any other 
     form of manipulation.
       (b) Report.--Not later than 30 days after the completion of 
     the investigation described in subsection (a), the Federal 
     Trade Commission shall report to Congress the results of the 
     investigation.
       (c) Public Meeting.--Not later than 14 days after issuing 
     the report described in subsection (b), the Federal Trade 
     Commission shall hold a public hearing in the State in which 
     the retail price of gasoline was investigated as described in 
     subsection (a) for the purpose of presenting the results of 
     the investigation.
       (d) Action on Price Increase.--If the Federal Trade 
     Commission determines that the increase in gasoline prices in 
     a State is a result of market manipulation, the Federal Trade 
     Commission shall, in cooperation with the Attorney General of 
     that State, take appropriate action.
                                 ______
                                 
  SA 1745. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, 
to reduce our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 59, after line 21, add the following:

     SEC. 151. COMMISSION ON RENEWABLE ENERGY.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on Renewable Energy'' (referred to 
     in this section as the ``Commission'')--
       (1) to advise Congress on--
       (A) issues relating to renewable energy research and 
     development; and
       (B) policies relating to the expansion of the use of 
     renewable energy in the energy markets of the United States; 
     and
       (2) to facilitate collaboration among Federal agencies 
     relating to the execution of national renewable energy 
     objectives.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of--
       (A) the Secretary (or a designee);
       (B) the Secretary of Agriculture (or a designee);
       (C) the Secretary of Commerce (or a designee);
       (D) the Administrator of the National Oceanic and 
     Atmospheric Administration (or a designee);
       (E) the Director of the National Science Foundation (or a 
     designee);
       (F) the Director of the Office of Science and Technology 
     Policy (or a designee);
       (G) the Director of the Office of Management and Budget (or 
     a designee); and
       (H) 7 representatives selected in accordance with paragraph 
     (3), to be comprised of representatives of--
       (i) national laboratories;
       (ii) State laboratories;
       (iii) industry;
       (iv) trade groups; and
       (v) State agencies.
       (2) Eligibility of designees.--To serve as a member of the 
     Commission, an individual designated to serve under 
     subparagraphs (A) through (G) of paragraph (1) shall be of a 
     position not lower than Assistant Secretary (or an equivalent 
     position).
       (3)  Representatives.--
       (A) Selection.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary, in accordance with 
     subparagraph (B), and in consultation with each individual 
     described in subparagraphs (A) through (G) of paragraph (1), 
     shall select representatives from each group described in 
     subparagraph (H) to serve as members of the Commission.
       (B) Qualifications.--A representative selected under 
     subparagraph (A) shall be an individual who, by reason of 
     professional background and experience, is specially 
     qualified to serve as a member of the Commission.
       (C) Term.--A representative selected under subparagraph (A) 
     shall serve for a term of 4 years.
       (D) Treatment.--A representative selected under 
     subparagraph (A) shall--
       (i) serve without compensation; and
       (ii) be considered an employee of the Federal Government in 
     the performance of those services for the purposes of--

       (I) chapter 81 of title 5, United States Code; and
       (II) chapter 171 of title 28, United States Code.

       (c) Vacancies.--A vacancy on the Commission shall be filled 
     in the same manner as the original appointment was made.
       (d) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the Chairperson, but not less often than quarterly.
       (2) Form of meetings.--The Commission may meet in person or 
     through electronic means.
       (e) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (f) Chairperson.--
       (1) Selection.--
       (A) In general.--Subject to subparagraph (B), the 
     Commission shall select a Chairperson--
       (i) from among the members of the Commission; and
       (ii) through a unanimous vote of approval.
       (B) Initial selection.--The Secretary shall select the 
     initial Chairperson.
       (2) Term.--The Chairperson shall serve for a term of 6 
     years.
       (g) Duties.--
       (1) In general.--The Commission shall--
       (A) promote research and development of renewable energy, 
     including--
       (i) wind energy;
       (ii) wave energy;
       (iii) solar energy;
       (iv) geothermal energy; and
       (v) the production of biofuels (with particular emphasis on 
     the production of biofuels based on cellulosic fuels);
       (B) identify and recommend public and private research 
     institutions to carry out that research and development; and
       (C) in consultation with renewable energy experts regarding 
     renewable energy policies, develop policy recommendations for 
     Federal agencies.
       (2) Studies.--Not later than 90 days after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and every 4 years thereafter, the Chairperson of 
     the Commission, acting through the Secretary, shall enter 
     into an arrangement with the National Academy of Sciences 
     under which the Academy shall conduct a study to assess, for 
     the period covered by the study, issues relating to--
       (A) any advancement made relating to renewable energy; and
       (B) the adoption of each advancement described in 
     subparagraph (A) into the energy markets of the United 
     States.
       (3) Annual report.--Not later than 1 year after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and annually thereafter, the Commission shall 
     submit to Congress a report that contains--
       (A) a detailed statement describing each activity carried 
     out by the Commission; and
       (B) the recommendations of the Commission relating to the 
     funding of research for the development of renewable energy 
     by--
       (i) the Federal Government;
       (ii) the industrial sector of the United States; and
       (iii) any other country.
       (h) Powers.--
       (1) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (C) Confidentiality.--Any information provided by a Federal 
     agency to the Commission under this paragraph shall be 
     confidential commercial or financial information for the 
     purposes of section 552(b)(4) of title 5, United States Code, 
     if the Federal agency obtained the information from an entity 
     other than a Federal agency.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (4) Gifts.--
       (A) In general.--The Commission may accept, use, and 
     dispose of gifts or donations of services or property.
       (B) Annual report.--Not later than 1 year after the date on 
     which the Commission holds the initial meeting of the 
     Commission, and annually thereafter, the Commission shall 
     submit to Congress a report that describes each gift received 
     by each member of the Commission during the period covered by 
     the report.
       (i) Detail of Federal Government Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (2) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (j) Budget Submission.--The Secretary shall include the 
     budget of the Commission in the annual budget submission of 
     the Secretary to Congress.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (l) Termination of Commission.--The Commission shall 
     terminate on October 1, 2016.
                                 ______
                                 
  SA 1746. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting

[[Page 16679]]

new emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 161, between lines 2 and 3, insert the following:

     SEC. 269. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN 
                   PROGRAM.

       (a) Energy Disaster Loan Program.--
       (1) In general.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting after paragraph (3) 
     the following:
       ``(4) Energy emergencies.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `base price index' means the moving average 
     of the closing unit price on the New York Mercantile Exchange 
     for heating oil, natural gas, or propane for the 10 days, in 
     each of the most recent 2 preceding years, which correspond 
     to the trading days described in clause (ii);
       ``(ii) the term `current price index' means the moving 
     average of the closing unit price on the New York Mercantile 
     Exchange, for the 10 most recent trading days, for contracts 
     to purchase heating oil, natural gas, or propane during the 
     subsequent calendar month, commonly known as the `front 
     month';
       ``(iii) the term `heating fuel' means heating oil, natural 
     gas, propane, or kerosene; and
       ``(iv) the term `significant increase' means--

       ``(I) with respect to the price of heating oil, natural 
     gas, or propane, any time the current price index exceeds the 
     base price index by not less than 40 percent; and
       ``(II) with respect to the price of kerosene, any increase 
     which the Administrator, in consultation with the Secretary 
     of Energy, determines to be significant.

       ``(B) Authorization.--The Administration may make such 
     loans, either directly or in cooperation with banks or other 
     lending institutions through agreements to participate on an 
     immediate or deferred basis, to assist a small business 
     concern that has suffered or that is likely to suffer 
     substantial economic injury as the result of a significant 
     increase in the price of heating fuel occurring on or after 
     October 1, 2004.
       ``(C) Interest rate.--Any loan or guarantee extended under 
     this paragraph shall be made at the same interest rate as 
     economic injury loans under paragraph (2).
       ``(D) Maximum amount.--No loan may be made under this 
     paragraph, either directly or in cooperation with banks or 
     other lending institutions through agreements to participate 
     on an immediate or deferred basis, if the total amount 
     outstanding and committed to the borrower under this 
     subsection would exceed $1,500,000, unless such borrower 
     constitutes a major source of employment in its surrounding 
     area, as determined by the Administrator, in which case the 
     Administrator, in the discretion of the Administrator, may 
     waive the $1,500,000 limitation.
       ``(E) Declarations.--For purposes of assistance under this 
     paragraph--
       ``(i) a declaration of a disaster area based on conditions 
     specified in this paragraph shall be required, and shall be 
     made by the President or the Administrator; or
       ``(ii) if no declaration has been made under clause (i), 
     the Governor of a State in which a significant increase in 
     the price of heating fuel has occurred may certify to the 
     Administration that small business concerns have suffered 
     economic injury as a result of such increase and are in need 
     of financial assistance which is not otherwise available on 
     reasonable terms in that State, and upon receipt of such 
     certification, the Administration may make such loans as 
     would have been available under this paragraph if a disaster 
     declaration had been issued.
       ``(F) Use of funds.--Notwithstanding any other provision of 
     law, loans made under this paragraph may be used by a small 
     business concern described in subparagraph (B) to convert 
     from the use of heating fuel to a renewable or alternative 
     energy source, including agriculture and urban waste, 
     geothermal energy, cogeneration, solar energy, wind energy, 
     or fuel cells.''.
       (2) Conforming amendments relating to heating fuel.--
     Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is 
     amended--
       (A) by inserting ``, significant increase in the price of 
     heating fuel'' after ``civil disorders''; and
       (B) by inserting ``other'' before ``economic''.
       (3) Effective period.--The amendments made by this 
     subsection shall apply during the 4-year period beginning on 
     the date on which guidelines are published by the 
     Administrator under subsection (b).
       (b) Guidelines and Rulemaking.--
       (1) Guidelines.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator shall issue such 
     guidelines as the Administrator determines to be necessary to 
     carry out this section and the amendments made by this 
     section.
       (2) Rulemaking.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator, after consultation 
     with the Secretary, shall promulgate regulations specifying 
     the method for determining a significant increase in the 
     price of kerosene under section 7(b)(4)(A)(iv)(II) of the 
     Small Business Act, as added by this Act.
       (c) Reports.--Not later than 12 months after the date on 
     which the Administrator issues guidelines under subsection 
     (b), and annually thereafter until the date that is 12 months 
     after the end of the effective period of section 7(b)(4) of 
     the Small Business Act, as added by this Act, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives, a report on the 
     effectiveness of the assistance made available under section 
     7(b)(4) of the Small Business Act, as added by this Act, 
     including--
       (1) the number of small business concerns that applied for 
     a loan under such section and the number of those that 
     received such loans;
       (2) the dollar value of those loans;
       (3) the States in which the small business concerns that 
     received such loans are located;
       (4) the type of heating fuel or energy that caused the 
     significant increase in the cost for the participating small 
     business concerns; and
       (5) recommendations for ways to improve the assistance 
     provided under such section 7(b)(4), if any.
       (d) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration; and
       (2) the term ``small business concern'' has the meaning 
     given that term in section 3 of the Small Business Act (15 
     U.S.C. 632).
                                 ______
                                 
  SA 1747. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 59, after line 21, add the following:

     SEC. 151. STUDY OF FEASIBILITY RELATING TO CONSTRUCTION OF 
                   PIPELINES AND CARBON DIOXIDE SEQUESTRATION 
                   FACILITIES.

       (1) In general.--The Secretary, in coordination with the 
     Federal Energy Regulatory Commission, the Secretary of 
     Transportation, the Administrator of the Environmental 
     Protection Agency, and the Secretary of the Interior, shall 
     conduct a study to assess the feasibility of the construction 
     of--
       (A) pipelines to be used for the transportation of carbon 
     dioxide; and
       (B) carbon dioxide sequestration facilities.
       (2) Scope.--In conducting the study under paragraph (1), 
     the Secretary shall consider--
       (A) any barrier or potential barrier in existence as of the 
     date of enactment of this Act, including any technical, 
     siting, financing, or regulatory barrier, relating to--
       (i) the construction of pipelines to be used for the 
     transportation of carbon dioxide; or
       (ii) the underground sequestration of carbon dioxide;
       (B) any market risk (including throughput risk) relating 
     to--
       (i) the construction of pipelines to be used for the 
     transportation of carbon dioxide; or
       (ii) the underground sequestration of carbon dioxide;
       (C) any regulatory, financing, or siting option that, as 
     determined by the Secretary, would--
       (i) mitigate any market risk described in subparagraph (B); 
     or
       (ii) help ensure the construction of pipelines dedicated to 
     the transportation of carbon dioxide;
       (D) the means by which to ensure the safe transportation of 
     carbon dioxide;
       (E) any preventive measure to ensure the integrity of 
     pipelines to be used for the transportation of carbon 
     dioxide; and
       (F) any other appropriate issue, as determined by the 
     Secretary.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report describing the results of the study.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,0000 for 
     each of fiscal years 2008 and 2009.
                                 ______
                                 
  SA 1748. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in

[[Page 16680]]

clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADDITIONAL INCENTIVES FOR PRODUCTION OF WIND 
                   ENERGY.

       (a) Income From Wind Energy Treated as Qualifying Income.--
     Paragraph (1) of section 7704(d) (relating to qualifying 
     income) is amended by striking ``and'' at the end of 
     subparagraph (F), by striking the period at the end fo 
     subparagraph (G) and inserting ``, and'', and by inserting 
     after subparagraph (G) the following new subparagraph:
       ``(H) income and gains derived from the production of 
     electricity from wind.''.
       (b) Exclusion From Limitation on Passive Activity 
     Credits.--Clause (i) of section 469(d)(2)(A) (relating to 
     separate application of passive activity losses and credits 
     in case of publicly traded partnerships) is amended by 
     inserting ``(other than the portion of the credit under 
     section 45(a) which is attributable to energy produced at a 
     qualified facility described in section 45(d)(1))'' after 
     ``subchapter A''.
       (c) Qualified Nonrecourse Financing of Wind Energy Property 
     Treated as at Risk.--
       (1) In general.--Subparagraphs (A) and (B) of section 
     465(b)(6) (relating to qualified nonrecourse financing 
     treated as amount at risk) is amended by inserting ``or 
     renewable energy property'' after ``real property'' each 
     place it appears.
       (2) Renewable energy property.--Section 465(b) is amended 
     by adding at the end the following new subparagraph:
       ``(C) Renewable energy property.--For purposes of this 
     paragraph, the term `renewable energy property' means 
     property held for the purpose of producing energy from 
     wind.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1749. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 117, between lines 15 and 16, insert the following:

     SEC. 234. STANDARDS FOR SMALL-DUCT HIGH-VELOCITY AIR 
                   CONDITIONING AND HEAT PUMP SYSTEMS.

       Section 325(d) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(d)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(C) Small-Duct High-Velocity (SDHV) Systems: 11.00 for 
     products manufactured on or after January 23, 2006.''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(C) Small-Duct High-Velocity (SDHV) Systems: 6.80 for 
     products manufactured on or after January 23, 2006.''.
                                 ______
                                 
  SA 1750. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FULL EXPENSING FOR QUALIFIED REFINERY PROPERTY.

       (a) In General.--Subsection (a) of section 179C (relating 
     to election to expense certain refineries) is amended by 
     striking ``50 percent of''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. __. DENIAL OF DEDUCTION FOR PUNITIVE DAMAGES.

       (a) Disallowance of Deduction.--
       (1) In general.--Section 162(g) (relating to treble damage 
     payments under the antitrust laws) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,
       (B) by striking ``If'' and inserting:
       ``(1) Treble damages.--If'', and
       (C) by adding at the end the following new paragraph:
       ``(2) Punitive damages.--No deduction shall be allowed 
     under this chapter for any amount paid or incurred for 
     punitive damages in connection with any judgment in, or 
     settlement of, any action. This paragraph shall not apply to 
     punitive damages described in section 104(c).''.
       (2) Conforming amendment.--The heading for section 162(g) 
     is amended by inserting ``Or Punitive Damages'' after 
     ``Laws''.
       (b) Inclusion in Income of Punitive Damages Paid by Insurer 
     or Otherwise.--
       (1) In general.--Part II of subchapter B of chapter 1 
     (relating to items specifically included in gross income) is 
     amended by adding at the end the following new section:

     ``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR 
                   OTHERWISE.

       ``Gross income shall include any amount paid to or on 
     behalf of a taxpayer as insurance or otherwise by reason of 
     the taxpayer's liability (or agreement) to pay punitive 
     damages.''.
       (2) Reporting requirements.--Section 6041 (relating to 
     information at source) is amended by adding at the end the 
     following new subsection:
       ``(h) Section To Apply to Punitive Damages Compensation.--
     This section shall apply to payments by a person to or on 
     behalf of another person as insurance or otherwise by reason 
     of the other person's liability (or agreement) to pay 
     punitive damages.''.
       (3) Conforming amendment.--The table of sections for part 
     II of subchapter B of chapter 1 is amended by adding at the 
     end the following new item:

``Sec. 91. Punitive damages compensated by insurance or otherwise.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to damages paid or incurred on or after the date 
     of the enactment of this Act.

     SEC. ___. MODIFICATIONS TO WHISTLEBLOWER REFORMS.

       (a) Modification of Tax Threshold for Awards.--Subparagraph 
     (B) of section 7623(b)(5), as added by the Tax Relief and 
     Health Care Act of 2006, is amended by striking 
     ``$2,000,000'' and inserting ``$20,000''.
       (b) Whistleblower Office.--
       (1) In general.--Section 7623 is amended by adding at the 
     end the following new subsections:
       ``(c) Whistleblower Office.--
       ``(1) In general.--There is established in the Internal 
     Revenue Service an office to be known as the `Whistleblower 
     Office' which--
       ``(A) shall at all times operate at the direction of the 
     Commissioner and coordinate and consult with other divisions 
     in the Internal Revenue Service as directed by the 
     Commissioner,
       ``(B) shall analyze information received from any 
     individual described in subsection (b) and either investigate 
     the matter itself or assign it to the appropriate Internal 
     Revenue Service office,
       ``(C) shall monitor any action taken with respect to such 
     matter,
       ``(D) shall inform such individual that it has accepted the 
     individual's information for further review,
       ``(E) may require such individual and any legal 
     representative of such individual to not disclose any 
     information so provided,
       ``(F) in its sole discretion, may ask for additional 
     assistance from such individual or any legal representative 
     of such individual, and
       ``(G) shall determine the amount to be awarded to such 
     individual under subsection (b).
       ``(2) Funding for office.--There is authorized to be 
     appropriated $10,000,000 for each fiscal year for the 
     Whistleblower Office. These funds shall be used to maintain 
     the Whistleblower Office and also to reimburse other Internal 
     Revenue Service offices for related costs, such as costs of 
     investigation and collection.
       ``(3) Request for assistance.--
       ``(A) In general.--Any assistance requested under paragraph 
     (1)(F) shall be under the direction and control of the 
     Whistleblower Office or the office assigned to investigate 
     the matter under subparagraph (A). No individual or legal 
     representative whose assistance is so requested may by reason 
     of such request represent himself or herself as an employee 
     of the Federal Government.
       ``(B) Funding of assistance.--From the amounts available 
     for expenditure under subsection (b), the Whistleblower 
     Office may, with the agreement of the individual described in 
     subsection (b), reimburse the costs incurred by any legal 
     representative of such individual in providing assistance 
     described in subparagraph (A).
       ``(d) Reports.--The Secretary shall each year conduct a 
     study and report to Congress on the use of this section, 
     including--
       ``(1) an analysis of the use of this section during the 
     preceding year and the results of such use, and
       ``(2) any legislative or administrative recommendations 
     regarding the provisions of this section and its 
     application.''.

[[Page 16681]]

       (2) Conforming amendment.--Section 406 of division A of the 
     Tax Relief and Health Care Act of 2006 is amended by striking 
     subsections (b) and (c).
       (3) Report on implementation.--Not later than 6 months 
     after the date of the enactment of this Act, the Secretary of 
     the Treasury shall submit to Congress a report on the 
     establishment and operation of the Whistleblower Office under 
     section 7623(c) of the Internal Revenue Code of 1986.
       (c) Publicity of Award Appeals.--Paragraph (4) of section 
     7623(b), as added by the Tax Relief and Health Care Act of 
     2006, is amended to read as follows:
       ``(4) Appeal of award determination.--
       ``(A) In general.--Any determination regarding an award 
     under paragraph (1), (2), or (3) may, within 30 days of such 
     determination, be appealed to the Tax Court (and the Tax 
     Court shall have jurisdiction with respect to such matter).
       ``(B) Publicity of appeals.--Notwithstanding sections 7458 
     and 7461, the Tax Court may, in order to preserve the 
     anonymity, privacy, or confidentiality of any person under 
     this subsection, provide by rules adopted under section 7453 
     that portions of filings, hearings, testimony, evidence, and 
     reports in connection with proceedings under this subsection 
     may be closed to the public or to inspection by the 
     public.''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to information 
     provided on or after the date of the enactment of this Act.
       (2) Publicity of award appeals.--The amendment made by 
     subsection (c) shall take effect as if included in the 
     amendments made by section 406 of the Tax Relief and Health 
     Care Act of 2006.

     SEC. __. MODIFICATIONS OF DEFINITION OF EMPLOYEES COVERED BY 
                   DENIAL OF DEDUCTION FOR EXCESSIVE EMPLOYEE 
                   REMUNERATION.

       (a) In General.--Paragraph (3) of section 162(m) is amended 
     to read as follows:
       ``(3) Covered employee.--For purposes of this subsection, 
     the term `covered employee' means, with respect to any 
     taxpayer for any taxable year, an individual who--
       ``(A) was the chief executive officer of the taxpayer, or 
     an individual acting in such a capacity, at any time during 
     the taxable year,
       ``(B) is 1 of the 4 highest compensated officers of the 
     taxpayer for the taxable year (other than the individual 
     described in subparagraph (A)), or
       ``(C) was a covered employee of the taxpayer (or any 
     predecessor) for any preceding taxable year beginning after 
     December 31, 2006.
       ``In the case of an individual who was a covered employee 
     for any taxable year beginning after December 31, 2006, the 
     term `covered employee' shall include a beneficiary of such 
     employee with respect to any remuneration for services 
     performed by such employee as a covered employee (whether or 
     not such services are performed during the taxable year in 
     which the remuneration is paid).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2006.
                                 ______
                                 
  SA 1751. Mr. CRAPO (for himself, Mr. Craig, and Mr. Conrad) submitted 
an amendment intended to be proposed to amendment SA 1502 proposed by 
Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on 
foreign oil by investing in clean, renewable, and alternative energy 
resources, promoting new emerging energy technologies, developing 
greater efficiency, and creating a Strategic Energy Efficiency and 
Renewables Reserve to invest in alternative energy, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC 
                   TRANSMISSION FACILITIES NOT SUBJECT TO PRIVATE 
                   BUSINESS USE TEST.

       (a) In General.--Section 141(b)(6) of the Internal Revenue 
     Code of 1986 (defining private business use ) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Exception for certain electric transmission 
     facilities.--For purposes of the 1st sentence of subparagraph 
     (A), the operation or use of an electric transmission 
     facility by any person which is not a governmental unit shall 
     not be considered a private business use if--
       ``(i) the facility is placed in service on or after the 
     date of the enactment of this subparagraph and is owned by--

       ``(I) a State or political subdivision of a State, or any 
     agency, authority, or instrumentality of any of the foregoing 
     providing electric service, directly or indirectly to the 
     public, or
       ``(II) a State or political subdivision of a State 
     expressly authorized under applicable State law effective on 
     or after January 1, 2004, to finance and own electric 
     transmission facilities, and

       ``(ii) bonds for such facility are issued before the date 
     which is 5 years after the date of the enactment of this 
     subparagraph.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 1752. Mr. GRASSLEY (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 1704 proposed by Mr. 
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. 
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 42, after line 12, insert the following:
       (d) Priority for University Partnerships.--Subsection (d) 
     of section 48B (relating to qualifying gasification project 
     program) is amended by adding at the end the following new 
     paragraph:
       ``(4) University partnerships.--In determining which 
     qualifying gasification projects to certify under this 
     subsection, the Secretary may give priority to otherwise 
     qualifying projects that also include collaborative research 
     and education partnerships with universities in which--
       ``(A) the university has demonstrated active involvement in 
     successful use of biomass fuels,
       ``(B) the project will provide electricity, synthetic gas, 
     steam, heating, or cooling to the university from a facility 
     with a nameplate generation capacity of at least 20 megawatts 
     or equivalent,
       ``(C) the project will provide the opportunity for applied 
     university research, demonstration, technical education, and 
     certification in gasification technology and applications of 
     the use of biomass fuel, and
       ``(D) the research associated with the project involves the 
     goal of reducing greenhouse gas emissions.''.
                                 ______
                                 
  SA 1753. Mr. DeMINT (for himself, Mr. Craig, Mr. Graham, Mr. Inhofe, 
Mr. Burr, Ms. Murkowski, and Mr. Crapo) submitted an amendment intended 
to be proposed by him to the bill S. 1419, to move the United States 
toward greater energy independence and security, to increase the 
production of clean renewable fuels, to protect consumers from price 
gouging, to increase the energy efficiency of products, buildings and 
vehicles, to promote research on and deploy greenhouse gas capture and 
storage options, and to improve the energy performance of the Federal 
Government, and for other purposes; which was ordered to lie on the 
table, as follows:

       At the end, add the following:

               TITLE VIII--NUCLEAR WASTE ACCESS TO YUCCA

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Nuclear Waste Access to 
     Yucca Act''.

     SEC. 802. DEFINITIONS.

       In this title:
       (1) Disposal.--The term ``disposal'' has the meaning given 
     the term in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101).
       (2) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (3) Project.--The term ``Project'' means the Yucca Mountain 
     Project.
       (4) Repository.--The term ``repository'' has the meaning 
     given the term in section 2 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (6) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (7) Yucca mountain site.--The term ``Yucca Mountain site'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).

     SEC. 803. WITHDRAWAL OF LAND.

       (a) Land Withdrawal; Jurisdiction; Reservation; 
     Acquisition.--
       (1) Land withdrawal.--Subject to valid existing rights, and 
     except as otherwise provided in this title, the land 
     described in subsection (b) is withdrawn permanently from any 
     form of entry, appropriation, or disposal under the public 
     land laws, including, without limitation--
       (A) the mineral leasing laws;

[[Page 16682]]

       (B) the geothermal leasing laws;
       (C) materials sales laws; and
       (D) the mining laws.
       (2) Jurisdiction.--As of the date of enactment of this Act, 
     any land described in subsection (b) that is under the 
     jurisdiction of the Secretary of the Air Force or the 
     Secretary of the Interior shall be--
       (A) transferred to the Secretary; and
       (B) under the jurisdiction of the Secretary.
       (3) Reservation.--The land described in subsection (b) is 
     reserved for use by the Secretary for activities associated 
     with the disposal of high-level radioactive waste and spent 
     nuclear fuel under the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101 et seq.), including--
       (A) development;
       (B) preconstruction testing and performance confirmation;
       (C) licensing;
       (D) construction;
       (E) management and operation;
       (F) monitoring;
       (G) closure and post-closure; and
       (H) other such activities associated with the disposal of 
     high-level radioactive waste and spent nuclear fuel under the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
       (b) Land Description.--
       (1) Boundaries.--The land referred to in subsection (a) is 
     the approximately 147,000 acres of land located in Nye 
     County, Nevada, as generally depicted on the map relating to 
     the Project, numbered YMP-03-024.2, entitled ``Proposed Land 
     Withdrawal'', and dated July 21, 2005.
       (2) Legal description and map.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall--
       (i) publish in the Federal Register a notice containing a 
     legal description of the land described in this subsection; 
     and
       (ii) provide to Congress, the Governor of the State of 
     Nevada, and the Archivist of the United States--

       (I) a copy of the map referred to in paragraph (1); and
       (II) the legal description of the land.

       (B) Treatment.--
       (i) In general.--The map and legal description referred to 
     in subparagraph (A) shall have the same force and effect as 
     if the map and legal description were included in this title.
       (ii) Technical corrections.--The Secretary of the Interior 
     may correct any clerical or typographical error in the map 
     and legal description referred to in subparagraph (A).
       (c) Revocations.--
       (1) Public land order.--Public Land Order 6802, dated 
     September 25, 1990 (as extended by Public Land Order 7534), 
     and any condition or memorandum of understanding accompanying 
     the land order (as so extended), is revoked.
       (2) Right of way.--The rights-of-way reservations relating 
     to the Project, numbered N-48602 and N-47748 and dated 
     January 5, 2001, are revoked.
       (d) Management of Withdrawn Land.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of the Air Force and the Secretary of the Interior, 
     as appropriate, shall manage the land withdrawn under 
     subsection (a)(1) in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (B) this title; and
       (C) other applicable laws.
       (2) Management plan.--
       (A) Development.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the Air Force and the Secretary of the 
     Interior, as appropriate, shall develop and submit to 
     Congress and the State of Nevada a management plan for the 
     use of the land withdrawn under subsection (a)(1).
       (B) Priority.--Subject to subparagraphs (C), (D), and (E), 
     use of the land withdrawn under subsection (a)(1) for an 
     activity not relating to the Project shall be subject to such 
     conditions and restrictions as the Secretary considers to be 
     appropriate to facilitate activities relating to the Project.
       (C) Air force use.--The management plan may provide for the 
     continued use by the Department of the Air Force of the 
     portion of the land withdrawn under subsection (a)(1) located 
     within the Nellis Air Force base test and training range 
     under such terms and conditions as may be agreed to by the 
     Secretary and the Secretary of the Air Force.
       (D) Nevada test site use.--The management plan may provide 
     for the continued use by the National Nuclear Security 
     Administration of the portion of the land withdrawn under 
     subsection (a)(1) located within the Nevada test site of the 
     Administration under such conditions as the Secretary 
     considers to be necessary to minimize any effect on 
     activities relating to the Project or other activities of the 
     Administration.
       (E) Other uses.--
       (i) In general.--The management plan shall include 
     provisions--

       (I) relating to the maintenance of wildlife habitat on the 
     land withdrawn under subsection (a)(1); and
       (II) under which the Secretary may permit any use not 
     relating to the Project, as the Secretary considers to be 
     appropriate, in accordance with the requirements under clause 
     (ii).

       (ii) Requirements.--

       (I) Grazing.--The Secretary may permit any grazing use to 
     continue on the land withdrawn under subsection (a)(1) if the 
     grazing use was established before the date of enactment of 
     this Act, subject to such regulations, policies, and 
     practices as the Secretary, in consultation with the 
     Secretary of the Interior, determines to be appropriate, and 
     in accordance with applicable grazing laws and policies, 
     including--

       (aa) the Act of June 28, 1934 (commonly known as the 
     ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.);
       (bb) title IV of the Federal Land Policy Management Act of 
     1976 (43 U.S.C. 1751 et seq.); and
       (cc) the Public Rangelands Improvement Act of 1978 (43 
     U.S.C. 1901 et seq.).

       (II) Hunting and trapping.--The Secretary may permit any 
     hunting or trapping use to continue on the land withdrawn 
     under subsection (a)(1) if the hunting or trapping use was 
     established before the date of enactment of this Act, at such 
     time and in such zones as the Secretary, in consultation with 
     the Secretary of the Interior and the State of Nevada, may 
     establish, taking into consideration public safety, national 
     security, administration, and public use and enjoyment of the 
     land.

       (F) Public access.--
       (i) In general.--The management plan may provide for 
     limited public access to the portion of the land withdrawn 
     under subsection (a)(1) that was under the control of the 
     Bureau of Land Management on the day before the date of 
     enactment of this Act.
       (ii) Specific uses.--The management plan may permit public 
     uses of the land relating to the Nye County Early Warning 
     Drilling Program, utility corridors, and other uses the 
     Secretary, in consultation with the Secretary of the 
     Interior, considers to be consistent with the purposes of the 
     withdrawal under subsection (a)(1).
       (3) Mining.--
       (A) In general.--Surface and subsurface mining and oil and 
     gas production, including slant drilling from outside the 
     boundaries of the land withdrawn under subsection (a)(1), 
     shall be prohibited at any time on or under the land.
       (B) Evaluation of claims.--The Secretary of the Interior 
     shall evaluate and adjudicate the validity of any mining 
     claim relating to any portion of the land withdrawn under 
     subsection (a)(1) that was under the control of the Bureau of 
     Land Management on the day before the date of enactment of 
     this Act.
       (C) Compensation.--The Secretary shall provide just 
     compensation for the acquisition of any valid property right 
     relating to mining pursuant to the withdrawal under 
     subsection (a)(1).
       (4) Closures.--If the Secretary, in consultation with the 
     Secretary of the Air Force and the Secretary of the Interior, 
     as appropriate, determines that the health and safety of the 
     public or the national defense and security require the 
     closure of a road, trail, or other portion of the land 
     withdrawn under subsection (a)(1) (including the airspace 
     above the land), the Secretary--
       (A) may close the road, trail, or portion of land 
     (including airspace); and
       (B) shall provide to the public a notice of the closure.
       (5) Implementation.--The Secretary and the Secretary of the 
     Air Force or the Secretary of the Interior, as appropriate, 
     shall implement the management plan developed under paragraph 
     (2) under such terms and conditions as may be agreed to by 
     the Secretaries.

     SEC. 804. RECEIPT AND STORAGE FACILITIES.

       Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134(b)) is amended--
       (1) by striking ``If the President'' and inserting the 
     following:
       ``(1) In general.--If the President''; and
       (2) by adding at the end the following:
       ``(2) Application for receipt and storage facilities.--
       ``(A) In general.--In conjunction with the submission of an 
     application for a construction authorization under this 
     subsection, the Secretary shall apply to the Commission for a 
     license in accordance with part 72 of title 10, Code of 
     Federal Regulations (or a successor regulation), to construct 
     and operate facilities to receive and store spent nuclear 
     fuel and high-level radioactive waste at the Yucca Mountain 
     site.
       ``(B) Deadline for final decision by commission.--The 
     Commission shall issue a final decision approving or 
     disapproving the issuance of the license not later than 18 
     months after the date of submission of the application to the 
     Commission.''.

     SEC. 805. REPEAL OF CAPACITY LIMITATION.

       Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134(d)) is amended by striking the second and third 
     sentences.

     SEC. 806. INFRASTRUCTURE ACTIVITIES.

       Section 114 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134) is amended by adding at the end the following:
       ``(g) Infrastructure Activities.--
       ``(1) Construction of connected facilities.--At any time 
     after the completion by the Secretary of a final 
     environmental impact statement that evaluates the activities 
     to be performed under this subsection, the

[[Page 16683]]

     Secretary may commence the following activities in connection 
     with any activity or facility licensed or to be licensed by 
     the Commission at the Yucca Mountain site:
       ``(A) Preparation of the site for construction of the 
     facility (including such activities as clearing, grading, and 
     construction of temporary access roads and borrow areas).
       ``(B) Installation of temporary construction support 
     facilities (including such items as warehouse and shop 
     facilities, utilities, concrete mixing plants, docking and 
     unloading facilities, and construction support buildings).
       ``(C) Excavation for facility structures.
       ``(D) Construction of service facilities (including such 
     facilities as roadways, paving, railroad spurs, fencing, 
     exterior utility and lighting systems, transmission lines, 
     and sanitary sewerage treatment facilities).
       ``(E) Construction of structures, systems, and components 
     that do not prevent or mitigate the consequences of possible 
     accidents that could cause undue risk to the health and 
     safety of the public.
       ``(F) Installation of structural foundations (including any 
     necessary subsurface preparation) for structures, systems, 
     and components that prevent or mitigate the consequences of 
     possible accidents that could cause undue risk to the health 
     and safety of the public.
       ``(2) Authorization to receive and store.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Defense waste.--The term `defense waste' means high-
     level radioactive waste, and spent nuclear fuel, that results 
     from an atomic energy defense activity.
       ``(ii) Legacy spent nuclear fuel.--The term `legacy spent 
     nuclear fuel' means spent nuclear fuel--

       ``(I) that is subject to a contract entered into pursuant 
     to section 302; and
       ``(II) for which the Secretary determines that there is not 
     at the time of the determination, and will not be within a 
     reasonable time after the determination, sufficient domestic 
     capacity available to recycle the spent nuclear fuel.

       ``(B) Authorization for defense waste.--At any time after 
     the issuance of a license for receipt and storage facilities 
     under subsection (b)(2), the Secretary may transport defense 
     waste to receipt and storage facilities at the Yucca Mountain 
     site.
       ``(C) Authorization for legacy spent nuclear fuel.--At any 
     time after the issuance of a construction authorization under 
     subsection (d) and the issuance of a license for receipt and 
     storage facilities under subsection (b)(2), the Secretary may 
     receive and store legacy spent nuclear fuel and high-level 
     radioactive waste at the Yucca Mountain site.''.

     SEC. 807. RAIL LINE.

       (a) Construction of Rail Line.--The Secretary shall acquire 
     rights-of-way within the corridor designated in subsection 
     (b) in accordance with this section, and shall construct and 
     operate, or cause to be constructed and operated, a railroad 
     and such facilities as are required to transport spent 
     nuclear fuel and high-level radioactive waste from existing 
     rail systems to the site of surface facilities within the 
     geologic repository operations area for the receipt, 
     handling, packaging, and storage of spent nuclear fuel and 
     high-level radioactive waste prior to emplacement.
       (b) Acquisition and Withdrawal of Land.--
       (1) Route designation and acquisition.--
       (A) Rights-of-way and facilities.--The Secretary shall 
     acquire such rights-of-way and develop such facilities within 
     the corridor referred to as ``X'' on the map dated [___] and 
     on file with the Secretary as are necessary to carry out 
     subsection (a).
       (B) Recommendations.--The Secretary shall consider specific 
     alignment proposals for the route for the corridor made by 
     the State of Nevada and the units of local government within 
     whose jurisdiction the route is proposed to pass.
       (C) Notice and description.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall--
       (i) publish in the Federal Register a notice containing a 
     legal description of the corridor; and
       (ii) file copies of the map referred to in paragraph (1) 
     and the legal description of the corridor with--

       (I) Congress;
       (II) the Secretary of the Interior;
       (III) the Governor of the State of Nevada;
       (IV) the Board of County Commissioners of Lincoln County, 
     Nevada;
       (V) the Board of County Commissioners of Nye County, 
     Nevada; and
       (VI) the Archivist of the United States.

       (D) Administration.--
       (i) Effect.--The map and legal description referred to in 
     subparagraph (C) shall have the same force and effect as if 
     the map and legal description were included in this title.
       (ii) Corrections.--The Secretary may correct clerical and 
     typographical errors in the map and legal description and 
     make minor adjustments in the boundaries of the corridor.
       (2) Withdrawal and reservation.--
       (A) Public land.--Subject to valid existing rights, the 
     public land depicted on the map referred to in paragraph 
     (1)(C) is withdrawn from all forms of entry, appropriation, 
     and disposal under the public land laws, including the 
     mineral leasing laws, the geothermal laws, the material sale 
     laws, and the mining laws.
       (B) Administrative jurisdiction.--Administrative 
     jurisdiction over the land is transferred from the Secretary 
     of the Interior to the Secretary.
       (C) Reservation.--The land is reserved for the use of the 
     Secretary for the construction and operation of 
     transportation facilities and associated activities under 
     title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10121 et seq.)
       (D) Memorandum of understanding.--The Secretary may also 
     enter into a memorandum of understanding with the head of any 
     other agency having administrative jurisdiction over other 
     Federal land used for purposes of the corridor referred to in 
     paragraph (1)(A).
       (c) Environmental Impact.--
       (1) In general.--The Secretary shall comply with all 
     applicable requirements under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
     activities carried out under this section.
       (2) Consideration of potential impacts.--To the extent a 
     Federal agency is required to consider the potential 
     environmental impact of an activity carried out under this 
     section, the Federal agency shall adopt, to the maximum 
     extent practicable, an environmental impact statement 
     prepared under this section.
       (3) Effect of adoption of statement.--The adoption by a 
     Federal agency of an environmental impact statement under 
     paragraph (2) shall be considered to satisfy the 
     responsibilities of the Federal agency under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     and no further consideration under that Act shall be required 
     by the Federal agency.

     SEC. 808. NEW PLANT CONTRACTS.

       Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(a)) is amended by striking paragraph (5) and 
     inserting the following:
       ``(5) Required provisions.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any contract entered into under this section shall provide 
     that--
       ``(i) following issuance of a license to construct and 
     operate facilities to receive and store spent nuclear fuel at 
     the Yucca Mountain site, the Secretary shall take title to 
     the high-level radioactive waste or spent nuclear fuel 
     involved as expeditiously as practicable upon the request of 
     the generator or owner of such waste or spent fuel; and
       ``(ii) in return for the payment of fees established by 
     this section, the Secretary, beginning not later than January 
     31, 1998, shall dispose of the high-level radioactive waste 
     or spent nuclear fuel involved as provided in this subtitle.
       ``(B) Exception.--Notwithstanding subparagraph (A), with 
     respect to a nuclear power facility for which a license 
     application is filed with the Commission after January 1, 
     2008, under section 103 or 104 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2133, 2134), a contract entered into under 
     this section shall--
       ``(i) except as provided in clause (ii) and any terms and 
     conditions relating to spent nuclear fuel generated before 
     the date of enactment of the Nuclear Fuel Management and 
     Disposal Act, be consistent with the terms and conditions of 
     the contract entitled `Contract for Disposal of Spent Nuclear 
     Fuel and/or High-Level Radioactive Waste' that is included in 
     section 961.11 of title 10 of the Code of Federal Regulations 
     (as in effect on the date of enactment of the Nuclear Fuel 
     Management and Disposal Act);
       ``(ii) provide for the taking of title to, and removal of, 
     high-level waste or spent nuclear fuel beginning not later 
     than 30 years after the date on which the nuclear power 
     facility begins commercial operations; and
       ``(iii) be entered into not later than 60 days after the 
     date on which the license application is docketed by the 
     Commission.''.

     SEC. 809. NUCLEAR WASTE FUND.

       (a) Budget Act Allocations.--Effective for fiscal year 2008 
     and each fiscal year thereafter, funds appropriated from the 
     Nuclear Waste Fund established under section 302 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) shall not 
     be subject to--
       (1) the allocations for discretionary spending under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)); or
       (2) the suballocations of appropriations committees under 
     section 302(b) of that Act.
       (b) Fund Uses.--Section 302(d)(4) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(d)(4)) is amended by 
     striking ``with'' and all that follows through ``storage 
     site'' and inserting ``with surface facilities within the 
     geologic repository operations area (including surface 
     facilities for the receipt, handling, packaging, and storage 
     of spent nuclear fuel and high-level radioactive waste prior 
     to emplacement, or transportation to the repository of spent 
     nuclear fuel or high-level radioactive waste to surface 
     facilities for the receipt, handling, packaging, and storage 
     of spent nuclear fuel and high-level radioactive waste prior 
     to emplacement and the transportation, treating, or packaging 
     of spent nuclear fuel or high-level radioactive waste to be 
     disposed of in the repository, to be stored in a monitored 
     retrievable storage site),''.

[[Page 16684]]



     SEC. 810. WASTE CONFIDENCE.

       For purposes of a determination by the Nuclear Regulatory 
     Commission on whether to grant or amend any license to 
     operate any civilian nuclear power reactor or high-level 
     radioactive waste or spent fuel storage or treatment facility 
     under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), 
     the provisions of this title (including the amendments made 
     by this title) and the obligation of the Secretary to develop 
     a repository in accordance with the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101 et seq.), shall provide sufficient 
     and independent grounds for any further findings by the 
     Nuclear Regulatory Commission of reasonable assurances that 
     spent nuclear fuel and high-level radioactive waste would be 
     disposed of safely and in a timely manner.
                                 ______
                                 
  SA 1754. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title I, add the following:

                  Subtitle D--Boutique Fuel Reduction

     SEC. 161. SHORT TITLE.

       This subtitle may be cited as the ``Boutique Fuel Reduction 
     Act of 2007''.

     SEC. 162. REDUCTION IN NUMBER OF BOUTIQUE FUELS.

       Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
     7545(c)(4)(C)) is amended--
       (1) in clause (ii)(II), by inserting ``an unexpected 
     problem with distribution or delivery equipment that is 
     necessary for the transportation or delivery of fuel or fuel 
     additives,'' after ``equipment failure,'';
       (2) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (3) in clause (vi) (as redesignated by paragraph (2))--
       (A) in subclause (I), by striking ``fuels approved under'' 
     and all that follows through the end of the subclause and 
     inserting ``fuels included on the list published under 
     subclause (II) (including any revisions to the list under 
     subclause (III)).'';
       (B) by striking subclause (III) and inserting the 
     following:

       ``(III) Removal of fuels from list.--

       ``(aa) In general.--The Administrator, after providing 
     notice and an opportunity for comment, shall remove a fuel 
     from the list published under subclause (II) if the 
     Administrator determines that the fuel has ceased to be 
     included in any State implementation plan or is identical to 
     a Federal fuel control or prohibition established and 
     enforced the Administrator.
       ``(bb) Publication of revised list.--On removing a fuel 
     from the list under item (aa), the Administrator shall 
     publish a revised list that reflects that removal.''; and
       (C) by striking subclause (IV) and inserting the following:

       ``(IV) No limitation on authority.--Nothing in subclause 
     (I) or (V) limits the authority of the Administrator to 
     approve a control or prohibition relating to any new fuel 
     under this paragraph in a State implementation plan (or a 
     revision to such a plan), if--

       ``(aa) the new fuel completely replaces a fuel on the list 
     published under subclause (II) (including any revisions to 
     the list under subclause (III));
       ``(bb) the new fuel does not increase the total number of 
     fuels contained on the list (including any revisions to the 
     list); or
       ``(cc) the Administrator, in consultation with the 
     Secretary of Energy, publishes in the Federal Register, after 
     providing notice and an opportunity for public comment, a 
     determination that the control or prohibition will not any 
     cause fuel supply or distribution interruption or have any 
     significant adverse impact on fuel producibility in the 
     affected area or any contiguous area.''.

     SEC. 163. COMPLETION OF HARMONIZATION STUDY.

       Section 1509(b) of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 1084) is amended by striking paragraph 
     (1) and inserting the following:
       ``(1) In general.--The Administrator of the Environmental 
     Protection Agency and the Secretary shall submit to Congress 
     a report on the results of the study conducted under 
     subsection (a) by not later than the earlier of--
       ``(A) the date that is 270 days after the date of enactment 
     of this subparagraph; and
       ``(B) June 1, 2008.''.
                                 ______
                                 
  SA 1755. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 281, after line 22, insert the following:
       (d) Suspension of Gasoline Excise Tax.--If the President 
     declares a Federal energy emergency under subsection (a), the 
     tax imposed under section 4081(a) of the Internal Revenue 
     Code of 1986 shall be suspended during the period specified 
     pursuant to subsection (b)(1) in the geographic area 
     specified pursuant to subsection (b)(3).
                                 ______
                                 
  SA 1756. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 279, between lines 19 and 20, insert the following:

     SEC. 603A. SUSPENSION OF DAVIS-BACON REQUIREMENTS DURING 
                   ENERGY EMERGENCY.

       Notwithstanding subchapter IV of chapter 31 of title 40, 
     United States Code (commonly referred to as the Davis-Bacon 
     Act), the President shall suspend the provisions of such 
     subchapter during any energy emergency declared by the 
     President under section 606 for the area or region to which 
     the energy emergency applies.
                                 ______
                                 
  SA 1757. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 283, between lines 20 and 21, insert the following:
       (d) Reimbursement of Court Costs.--If the Federal Trade 
     Commission brings an enforcement action against a person or 
     business entity under this section and the defendant is not 
     found to have violated this title, the court shall order the 
     Commission to reimburse the defendant for all costs 
     associated with defending against the enforcement action.

       On page 286, between lines 8 and 9, insert the following:
       (h) Reimbursement of Court Costs.--If a State brings an 
     enforcement action against a person or business entity under 
     this section and the defendant is not found to have violated 
     this title, the court shall order the State to reimburse the 
     defendant for all costs associated with defending against the 
     enforcement action.
                                 ______
                                 
  SA 1758. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 131. ENERGY EFFICIENCY RESIDENTIAL GUARANTEES.

       Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 
     16513) (as amended by section 124(a)) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(11) Energy efficiency residential financing guarantees 
     provided under subsection (g).''; and
       (2) by adding at the end the following:
       ``(g) Energy Efficiency Residential Guarantees.--
       ``(1) In general.--Subject to the availability of funds 
     appropriated in advance, the Secretary shall make guarantees 
     under this section for single and multifamily mortgage bonds 
     and related financing for energy efficiency purposes.
       ``(2) Purposes.--The Secretary shall make a guarantee under 
     this subsection only for--
      ``(A) bonds and related financing issued by State housing 
     and energy agencies; or

[[Page 16685]]

       ``(B) debt financing for energy efficiency measures in new 
     or existing housing supported by Federal financial assistance 
     programs under which energy efficiency projects are approved 
     jointly by State housing finance and energy agencies.
       ``(3) Criteria.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary (in consultation 
     with State housing finance, energy, weatherization and public 
     utility commissioners) shall promulgate regulations 
     establishing criteria for energy efficiency projects eligible 
     for guarantees under this subsection.
       ``(4) Administration.--Subsections (a)(2) and (d) shall not 
     apply to a guarantee made under this subsection.''.
                                 ______
                                 
  SA 1759. Mr. WYDEN (for himself, Ms. Landrieu, and Mr. Salazar) 
submitted an amendment intended to be proposed to amendment SA 1502 
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 192, after line 21, add the following:

     SEC. 305. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND 
                   NITROUS OXIDE EMISSIONS FROM TERRESTRIAL 
                   ECOSYSTEMS.

       (a) Definitions.--In this section:
       (1) Adaptation strategy.--The term ``adaptation strategy'' 
     means a land use and management strategy that can be used to 
     increase the sequestration capabilities of any terrestrial 
     ecosystem.
       (2) Assessment.--The term ``assessment'' means the national 
     assessment authorized under subsection (b).
       (3) Covered greenhouse gas.--The term ``covered greenhouse 
     gas'' means carbon dioxide, nitrous oxide, and methane gas.
       (4) Native plant species.--The term ``native plant 
     species'' means any noninvasive, naturally occurring plant 
     species within a terrestrial ecosystem.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Terrestrial ecosystem.--
       (A) In general.--The term ``terrestrial ecosystem'' means 
     any ecological and surficial geological system on public 
     land.
       (B) Inclusions.--The term ``terrestrial ecosystem'' 
     includes--
       (i) forest land;
       (ii) grassland; and
       (iii) freshwater aquatic ecosystems.
       (b) Authorization of Assessment.--Not later than 2 years 
     after the date on which the final methodology is published 
     under subsection (f)(3)(D), the Secretary shall complete a 
     national assessment of--
       (1) the quantity of carbon stored in and released from 
     terrestrial ecosystems; and
       (2) the annual flux of covered greenhouse gases in and out 
     of terrestrial ecosystems.
       (c) Components.--In conducting the assessment under 
     subsection (b), the Secretary shall--
       (1) determine the processes that control the flux of 
     covered greenhouse gases in and out of each terrestrial 
     ecosystem;
       (2) estimate the technical and economic potential for 
     increasing carbon sequestration in natural and managed 
     terrestrial ecosystems through management activities or 
     restoration activities in each terrestrial ecosystem;
       (3) develop near-term and long-term adaptation strategies 
     or mitigation strategies that can be employed--
       (A) to enhance the sequestration of carbon in each 
     terrestrial ecosystem;
       (B) to reduce emissions of covered greenhouse gases; and
       (C) to adapt to climate change; and
       (4) estimate annual carbon sequestration capacity of 
     terrestrial ecosystems under a range of policies in support 
     of management activities to optimize sequestration.
       (d) Use of Native Plant Species.--In developing restoration 
     activities under subsection (c)(2) and management strategies 
     and adaptation strategies under subsection (c)(3), the 
     Secretary shall emphasize the use of native plant species 
     (including mixtures of many native plant species) for 
     sequestering covered greenhouse gas in each terrestrial 
     ecosystem.
       (e) Consultation.--In conducting the assessment under 
     subsection (b) and developing the methodology under 
     subsection (f), the Secretary shall consult with--
       (1) the Secretary of Energy;
       (2) the Secretary of Agriculture;
       (3) the Administrator of the Environmental Protection 
     Agency;
       (4) the heads of other relevant agencies;
       (5) consortia based at institutions of higher education and 
     with research corporations; and
       (6) forest and grassland managers.
       (f) Methodology.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a 
     methodology for conducting the assessment.
       (2) Requirements.--The methodology developed under 
     paragraph (1)--
       (A) shall--
       (i) determine the method for measuring, monitoring, 
     quantifying, and monetizing covered greenhouse gas emissions 
     and reductions, including methods for allocating and managing 
     offsets or credits; and
       (ii) estimate the total capacity of each terrestrial 
     ecosystem to--

       (I) sequester carbon; and
       (II) reduce emissions of covered greenhouse gases; and

       (B) may employ economic and other systems models, analyses, 
     and estimations, to be developed in consultation with each of 
     the individuals described in subsection (e).
       (3) External review and publication.--On completion of a 
     proposed methodology, the Secretary shall--
       (A) publish the proposed methodology;
       (B) at least 60 days before the date on which the final 
     methodology is published, solicit comments from--
       (i) the public; and
       (ii) heads of affected Federal and State agencies;
       (C) establish a panel to review the proposed methodology 
     published under subparagraph (A) and any comments received 
     under subparagraph (B), to be composed of members--
       (i) with expertise in the matters described in subsections 
     (c) and (d); and
       (ii) that are, as appropriate, representatives of Federal 
     agencies, institutions of higher education, nongovernmental 
     organizations, State organizations, industry, and 
     international organizations; and
       (D) on completion of the review under subparagraph (C), 
     publish in the Federal register the revised final 
     methodology.
       (g) Estimate; Review.--The Secretary shall--
       (1) based on the assessment, prescribe the data, 
     information, and analysis needed to establish a 
     scientifically sound estimate of--
       (A) the carbon sequestration capacity of relevant 
     terrestrial ecosystems;
       (B) a national inventory of covered greenhouse gas sources 
     that is consistent with the inventory prepared by the 
     Environmental Protection Agency entitled the ``Inventory of 
     U.S. Greenhouse Gas Emissions and Sinks: 1990-2005''; and
       (C) the willingness of covered greenhouse gas emitters to 
     pay to sequester the covered greenhouse gases emitted by the 
     applicable emitters in designated terrestrial ecosystems; and
       (2) not later than 180 days after the date on which the 
     assessment is completed, submit to the heads of applicable 
     Federal agencies and the appropriate committees of Congress a 
     report that describes the results of the assessment.
       (h) Data and Report Availability.--On completion of the 
     assessment, the Secretary shall incorporate the results of 
     the assessment into a web-accessible database for public use.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of the 3 years following the date of enactment of this 
     Act.

                                 ______
                                 
  SA 1760. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr. Reid) 
submitted an amendment intended to be proposed to amendment SA 1502 
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 10, between lines 8 and 9, insert the following:
       (8) Lifecycle greenhouse gas emissions.--The term 
     ``lifecycle greenhouse gas emissions'' means the aggregate 
     quantity of greenhouse gases attributable to the production, 
     transportation, and use of renewable fuel, including the 
     production, extraction, cultivation, distribution, marketing, 
     and transportation of feedstocks, as modified by deducting, 
     as determined by the Administrator of the Environmental 
     Protection Agency--
       (A) any greenhouse gases captured at the facility and 
     sequestered; and
       (B) the carbon content, expressed in units of carbon 
     dioxide equivalent, of any feedstock that is renewable 
     biomass.

                                 ______
                                 
  SA 1761. Mr. CARDIN (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency

[[Page 16686]]

and Renewables Reserve to invest in alternative energy, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED 
                   GASOLINE WITH HIGHER LEVELS OF ETHANOL.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator''), in cooperation with the Secretary, the 
     Secretary of Agriculture, and the Secretary of 
     Transportation, and after providing notice and an opportunity 
     for public comment, shall conduct a study of the feasibility 
     of increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol of not less than 10 
     percent.
       (b) Study.--The study under subsection (a) shall include--
       (1) a review of production and infrastructure constraints 
     on increasing the consumption of ethanol;
       (2) an evaluation of the economic, market, and energy 
     impacts of State and regional differences in ethanol blends;
       (3) an evaluation of the economic, market, and energy 
     impacts on gasoline retailers and consumers of separate and 
     distinctly-labeled fuel storage facilities and dispensers;
       (4) an evaluation on the environmental impacts of mid-level 
     ethanol blends on evaporative and exhaust emissions from on-
     road, off-road and marine engines, recreational boats, 
     vehicles, and equipment;
       (5) an evaluation of the impacts of mid-level ethanol 
     blends on the operation, durability, and performance of 
     onroad, off-road, and marine engines, recreational boats, 
     vehicles, and equipment; and
       (6) an evaluation of the safety impacts of mid-level 
     ethanol blends on consumers that own and operate off-road and 
     marine engines, recreational boats, vehicles, or equipment.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results of the study 
     conducted under this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out the 
     study under this section $1,000,000.

     SEC. __. WAIVER OF REQUIREMENTS FOR NEW FUELS AND FUEL 
                   ADDITIVES.

       Section 211(f)(4) of the Clean Air Act (42 U.S.C. 
     7545(f)(4)) is amended by striking the last sentence and 
     inserting the following: ``After providing notice and 
     opportunity for comment, the Administrator shall approve or 
     deny an application submitted under this paragraph not later 
     than 270 days after the date of the receipt of the 
     application.''.
                                 ______
                                 
  SA 1762. Mr. VOINOVICH submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 39, strike line 12 and all that follows 
     through page 42, line 8, and insert the following:
       (b) Improvements to Underlying Loan Guarantee Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (3) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraphs (2) and (3), upon 
     the request of the borrower, the Secretary shall guarantee 
     100 percent of the principal and interest due on 1 or more 
     loans for a facility that are the subject of the guarantee, 
     on the condition that the Secretary has--
       ``(A) received from the borrower a payment in full for the 
     cost of the obligation; and
       ``(B) deposited the payment in the Treasury.
       ``(2) Limitation on amount.--The total amount of loans 
     guaranteed for a facility by the Secretary shall not exceed 
     80 percent of the total cost of the facility, as estimated at 
     the time at which the guarantee is issued.
       ``(3) Approval of applications.--
       ``(A) Deadline.--The Secretary shall approve or disapprove 
     an application for a guarantee not later than 1 year after 
     the date of receipt of the application.
       ``(B) Report.--The Secretary shall submit to Congress an 
     annual report on the approval or disapproval of all loan 
     guarantee applications that includes--
       ``(i) the reasons for each approval and disapproval; and
       ``(ii) an evaluation and recommendation by the Secretary 
     for the termination of authority for each eligible project 
     category described in section 1703(b).''.
       (4) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).
       (5) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary in a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.
       At the end, add the following:

    TITLE VIII--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS 
                               FACILITIES

     SEC. 801. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Domestic fuels facility.--
       (A) In general.--The term ``domestic fuels facility'' means 
     a facility at which crude oil is refined into transportation 
     fuel or other petroleum products.
       (B) Inclusion.--The term ``domestic fuels facility'' 
     includes a domestic fuels facility expansion.
       (3) Domestic fuels facility expansion.--The term ``domestic 
     fuels facility expansion'' means a physical change in a 
     domestic fuels facility that results in an increase in the 
     capacity of the domestic fuels facility.
       (4) Domestic fuels facility permitting agreement.--The term 
     ``domestic fuels facility permitting agreement'' means an 
     agreement entered into between the Administrator and a State 
     or Indian tribe under subsection (b).
       (5) Domestic fuels producer.--The term ``domestic fuels 
     producer'' means an individual or entity that--
       (A) owns or operates a domestic fuels facility; or
       (B) seeks to become an owner or operator of a domestic 
     fuels facility.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Permit.--The term ``permit'' means any permit, license, 
     approval, variance, or other form of authorization that a 
     refiner is required to obtain--
       (A) under any Federal law; or
       (B) from a State or Indian tribal government agency 
     delegated with authority by the Federal Government, or 
     authorized under Federal law to issue permits.
       (8) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 802. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS 
                   FACILITIES.

       (a) In General.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a domestic fuels facility permitting 
     agreement with the State or Indian tribe under which the 
     process for obtaining all permits necessary for the 
     construction and operation of a domestic fuels facility shall 
     be improved using a systematic interdisciplinary multimedia 
     approach as provided in this section.

[[Page 16687]]

       (b) Authority of Administrator.--Under a domestic fuels 
     facility permitting agreement--
       (1) the Administrator shall have authority, as applicable 
     and necessary, to--
       (A) accept from a refiner a consolidated application for 
     all permits that the domestic fuels producer is required to 
     obtain to construct and operate a domestic fuels facility;
       (B) establish a schedule under which each Federal, State, 
     or Indian tribal government agency that is required to make 
     any determination to authorize the issuance of a permit 
     shall--
       (i) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (ii) complete each step in the permitting process; and
       (C) issue a consolidated permit that combines all permits 
     that the domestic fuels producer is required to obtain; and
       (2) the Administrator shall provide to State and Indian 
     tribal government agencies--
       (A) financial assistance in such amounts as the agencies 
     reasonably require to hire such additional personnel as are 
     necessary to enable the government agencies to comply with 
     the applicable schedule established under paragraph (1)(B); 
     and
       (B) technical, legal, and other assistance in complying 
     with the domestic fuels facility permitting agreement.
       (c) Agreement by the State.--Under a domestic fuels 
     facility permitting agreement, a State or governing body of 
     an Indian tribe shall agree that--
       (1) the Administrator shall have each of the authorities 
     described in subsection (b); and
       (2) each State or Indian tribal government agency shall--
       (A) make such structural and operational changes in the 
     agencies as are necessary to enable the agencies to carry out 
     consolidated project-wide permit reviews concurrently and in 
     coordination with the Environmental Protection Agency and 
     other Federal agencies; and
       (B) comply, to the maximum extent practicable, with the 
     applicable schedule established under subsection (b)(1)(B).
       (d) Interdisciplinary Approach.--
       (1) In general.--The Administrator and a State or governing 
     body of an Indian tribe shall incorporate an 
     interdisciplinary approach, to the maximum extent 
     practicable, in the development, review, and approval of 
     domestic fuels facility permits subject to this section.
       (2) Options.--Among other options, the interdisciplinary 
     approach may include use of--
       (A) environmental management practices; and
       (B) third party contractors.
       (e) Deadlines.--
       (1) New domestic fuels facilities.--In the case of a 
     consolidated permit for the construction of a new domestic 
     fuels facility, the Administrator and the State or governing 
     body of an Indian tribe shall approve or disapprove the 
     consolidated permit not later than--
       (A) 360 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 90 days 
     after the expiration of the deadline established under 
     subparagraph (A).
       (2) Expansion of existing domestic fuels facilities.--In 
     the case of a consolidated permit for the expansion of an 
     existing domestic fuels facility, the Administrator and the 
     State or governing body of an Indian tribe shall approve or 
     disapprove the consolidated permit not later than--
       (A) 120 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 30 days 
     after the expiration of the deadline established under 
     subparagraph (A).
       (f) Federal Agencies.--Each Federal agency that is required 
     to make any determination to authorize the issuance of a 
     permit shall comply with the applicable schedule established 
     under subsection (b)(1)(B).
       (g) Judicial Review.--Any civil action for review of any 
     determination of any Federal, State, or Indian tribal 
     government agency in a permitting process conducted under a 
     domestic fuels facility permitting agreement brought by any 
     individual or entity shall be brought exclusively in the 
     United States district court for the district in which the 
     domestic fuels facility is located or proposed to be located.
       (h) Efficient Permit Review.--In order to reduce the 
     duplication of procedures, the Administrator shall use State 
     permitting and monitoring procedures to satisfy substantially 
     equivalent Federal requirements under this section.
       (i) Severability.--If 1 or more permits that are required 
     for the construction or operation of a domestic fuels 
     facility are not approved on or before any deadline 
     established under subsection (e), the Administrator may issue 
     a consolidated permit that combines all other permits that 
     the domestic fuels producer is required to obtain other than 
     any permits that are not approved.
       (j) Savings.--Nothing in this section affects the operation 
     or implementation of otherwise applicable law regarding 
     permits necessary for the construction and operation of a 
     domestic fuels facility.
       (k) Consultation With Local Governments.--Congress 
     encourages the Administrator, States, and tribal governments 
     to consult, to the maximum extent practicable, with local 
     governments in carrying out this section.
       (l) Effect on Local Authority.--Nothing in this section 
     affects--
       (1) the authority of a local government with respect to the 
     issuance of permits; or
       (2) any requirement or ordinance of a local government 
     (such as zoning regulations).

       At the appropriate place, insert the following:

                     Subtitle _--Energy Trust Fund

     SEC. _. EXPANSION OF ELECTION TO EXPENSE CERTAIN REFINERIES.

       (a) Full Expensing.--Section 179C(a) of the Internal 
     Revenue Code of 1986 (relating to treatment as expenses) is 
     amended by striking ``50 percent of''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. _. LIMITATION ON PERCENTAGE DEPLETION.

       (a) In General.--Section 613A of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(f) Limitation on Aggregate Amount of Depletion.--In the 
     case of any oil or gas well, the allowance for depletion 
     allowed under section 613 shall not exceed the basis of the 
     taxpayer in such property.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. _. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND 
                   DEVELOPMENT COSTS.

       (a) In General.--Section 263(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new sentence: ``This subsection shall not apply to any 
     taxable year beginning after the date of the enactment of 
     this sentence.''.
       (b) Conforming Amendments.--Paragraphs (2) and (3) of 
     section 291(b) of such Code are each amended by striking 
     ``section 263(c), 616(a),'' and inserting ``section 616(a)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. _. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST 
                   FUND.

       (a) In General.--Subchapter A of chapter 98 of the Internal 
     Revenue Code of 1986 (relating to trust fund code) is amended 
     by adding at the end the following new section:

     ``SEC. 9511. ENERGY TRUST FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the `Energy 
     Trust Fund', consisting of such amounts as may be 
     appropriated or credited to such Fund as provided in this 
     section or section 9602(b).
       ``(b) Transfers to Trust.--There are hereby appropriated to 
     the Energy Trust Fund amounts equivalent to the revenues 
     resulting from the amendments made by subtitle _ of the 
     Renewable Fuels, Consumer Protection, and Energy Efficiency 
     Act of 2007.
       ``(c) Expenditures.--Amounts in the Energy Trust Fund shall 
     be available, as provided in appropriation Acts, only for the 
     purpose of making expenditures--
       ``(1) to accelerate the use of clean domestic renewable 
     energy resources (including solar, wind, clean coal, and 
     nuclear) and alternative fuels (including ethanol, including 
     cellulosic ethanol, biodiesel, and fuel cell technology);
       ``(2) to promote the utilization of energy-efficient 
     products and practices and conservation; and
       ``(3) to increase research, development, and deployment of 
     clean renewable energy and efficiency technologies.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 9511. Energy Trust Fund.''.

                                 ______
                                 
  SA 1763. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       ``This Act shall not affect the jurisdiction of the 
     Commodity Futures Trading Commission with respect to 
     transactions or conduct subject to the Commodity Exchange Act 
     (7 U.S.C. 1, et seq.).''
                                 ______
                                 
  SA 1764. Mr. AKAKA (for himself, Ms. Murkowski, Ms. Snowe, Mr. Smith, 
Ms.

[[Page 16688]]

Cantwell, and Mr. Wyden) submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:

     Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion

     SEC. 281. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE 
                   ENERGY.

       (a) In General.--In this subtitle, the term ``marine and 
     hydrokinetic renewable energy'' means electrical energy 
     from--
       (1) waves, tides, and currents in oceans, estuaries, and 
     tidal areas;
       (2) free flowing water in rivers, lakes, and streams;
       (3) free flowing water in man-made channels, including 
     projects that utilize nonmechanical structures to accelerate 
     the flow of water for electric power production purposes; and
       (4) differentials in ocean temperature (ocean thermal 
     energy conversion).
       (b) Exclusion.--Except as provided in subsection (a)(3), 
     the term ``marine and hydrokinetic renewable energy'' does 
     not include energy from any source that uses a dam, 
     diversionary structure, or impoundment for electric power 
     purposes.

     SEC. 282. RESEARCH AND DEVELOPMENT.

       (a) Program.--The Secretary, in consultation with the 
     Secretary of Commerce and the Secretary of the Interior, 
     shall establish a program of marine and hydrokinetic 
     renewable energy research, including--
       (1) developing and demonstrating marine and hydrokinetic 
     renewable energy technologies;
       (2) reducing the manufacturing and operation costs of 
     marine and hydrokinetic renewable energy technologies;
       (3) increasing the reliability and survivability of marine 
     and hydrokinetic renewable energy facilities;
       (4) integrating marine and hydrokinetic renewable energy 
     into electric grids;
       (5) identifying opportunities for cross fertilization and 
     development of economies of scale between offshore wind and 
     marine and hydrokinetic renewable energy sources;
       (6) identifying, in conjunction with the Secretary of 
     Commerce and the Secretary of the Interior, the potential 
     environmental impacts of marine and hydrokinetic renewable 
     energy technologies and measures to minimize or prevent 
     adverse impacts, and technologies and other means available 
     for monitoring and determining environmental impacts;
       (7) identifying, in conjunction with the Commandant of the 
     United States Coast Guard, the potential navigational impacts 
     of marine and hydrokinetic renewable energy technologies and 
     measures to minimize or prevent adverse impacts;
       (8) standards development, demonstration, and technology 
     transfer for advanced systems engineering and system 
     integration methods to identify critical interfaces; and
       (9) providing public information and opportunity for public 
     comment concerning all technologies.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Commerce and the Secretary of the Interior, 
     shall provide to the appropriate committees of Congress a 
     report that addresses--
       (1) the potential environmental impacts of hydrokinetic 
     renewable energy technologies in free-flowing water in 
     rivers, lakes, and streams;
       (2) the means by which to minimize or prevent any adverse 
     environmental impacts;
       (3) the potential role of monitoring and adaptive 
     management in addressing any adverse environmental impacts; 
     and
       (4) the necessary components of such an adaptive management 
     program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000 for each of the fiscal years 2008 through 2017.

     SEC. 283. NATIONAL OCEAN ENERGY RESEARCH CENTERS.

       (a) In General.--Subject to the availability of 
     appropriations under subsection (e), the Secretary shall 
     establish not less than 1, and not more than 6, national 
     ocean energy research centers at institutions of higher 
     education for the purpose of conducting research, 
     development, demonstration, and testing of ocean energy 
     technologies and associated equipment.
       (b) Evaluations.--Each Center shall (in consultation with 
     developers, utilities, and manufacturers) conduct evaluations 
     of technologies and equipment described in subsection (a).
       (c) Location.--In establishing centers under this section, 
     the Secretary shall locate the centers in coastal regions of 
     the United State in a manner that, to the maximum extent 
     practicable, is geographically dispersed.
       (d) Review by Secretary.--Prior to carrying out any 
     activity under this section in waters subject to the 
     jurisdiction of the United States, the Secretary of Commerce 
     may require design approval or operating conditions of the 
     activity for the protection of marine resources under the 
     jurisdiction of the Department of Commerce.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriate such sums as are necessary to carry out 
     this section.

                                 ______
                                 
  SA 1765. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 245, between lines 13 and 14, insert the following:
       (d) Minimum Fuel Economy Target.--Section 32902(b) of title 
     49, United States Code, as amended by this section, is 
     further amended by adding at the end the following:
       ``(3) Minimum fuel economy target for passenger automobiles 
     manufactured in the united states.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, for any model year in which the Secretary 
     prescribes average fuel economy standards for automobiles on 
     the basis of vehicle attributes pursuant to subjection (l), 
     the average fuel economy standard in that model year shall 
     also provide for an alternative minimum standard that shall 
     apply to a manufacturer's domestically manufactured passenger 
     automobiles and foreign manufactured passenger automobiles, 
     as calculated under section 32904 (as in effect on the day 
     before the date of the enactment of the Ten-in-Ten Fuel 
     Economy Act).
       ``(B) Alternative minimum standard.--The alternative 
     minimum standard referred to in subparagraph (A) shall be the 
     greater of--
       ``(i) 27.5 miles per gallon; or
       ``(ii) 92 percent of the average fuel economy projected by 
     the Secretary for the combined domestic and foreign passenger 
     car fleets manufactured for sale in the United States by all 
     manufacturers in that model year, which projection shall be 
     published in the Federal Register when the standard for that 
     model year is promulgated in accordance with this section.''.
       (e) Credit Trading Limitation.--Section 32903(e) of title 
     49, United States Code, as amended by section 506, is further 
     amended by adding at the end the following: ``Any credit 
     trading program established by the Secretary of 
     Transportation may not allow manufacturers to use any such 
     credits to meet the alternative minimum fuel economy standard 
     for domestically manufactured and foreign manufactured 
     passenger automobiles established pursuant to section 
     32902(b)(3).''.

                                 ______
                                 
  SA 1766. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 245, between lines 13 and 14, insert the following:
       (d) Minimum Fuel Economy Target.--Section 32902(b) of title 
     49, United States Code, as amended by this section, is 
     further amended by adding at the end the following:
       ``(3) Minimum fuel economy target for passenger automobiles 
     manufactured in the united states.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, for any model year in which the Secretary 
     prescribes average fuel economy standards for automobiles on 
     the basis of vehicle attributes pursuant to subjection (l), 
     the average fuel economy standard in that model year shall 
     also provide for an alternative minimum standard that shall 
     apply separately to a manufacturer's domestically 
     manufactured passenger automobiles and foreign manufactured 
     passenger automobiles, as calculated under section 32904 (as 
     in effect on the day before the date of the enactment of the 
     Ten-in-Ten Fuel Economy Act).
       ``(B) Alternative minimum standard.--The alternative 
     minimum standard referred to in subparagraph (A) shall be the 
     greater of--
       ``(i) 27.5 miles per gallon; or

[[Page 16689]]

       ``(ii) 92 percent of the average fuel economy projected by 
     the Secretary for the combined domestic and foreign passenger 
     car fleets manufactured for sale in the United States by all 
     manufacturers in that model year, which projection shall be 
     published in the Federal Register when the standard for that 
     model year is promulgated in accordance with this section.''.
       (e) Credit Trading Limitation.--Section 32903(e) of title 
     49, United States Code, as amended by section 506, is further 
     amended by adding at the end the following: ``Any credit 
     trading program established by the Secretary of 
     Transportation may not allow manufacturers to use any such 
     credits to meet the alternative minimum fuel economy standard 
     for domestically manufactured and foreign manufactured 
     passenger automobiles established pursuant to section 
     32902(b)(3).''.

                                 ______
                                 
  SA 1767. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 6, strike lines 19 and 20 and insert the following:
     biofuel'' means fuel derived from--
       (i) renewable biomass, other than corn starch, grown in the 
     United States; or
       (ii) renewable biomass, other than corn starch, grown 
     outside the United States, on the condition that the fuel, or 
     renewable biomass used in the fuel, whichever is imported, is 
     certified by the importer, refiner, or blender as having been 
     grown, produced, and transported in a manner consistent with 
     standards equivalent to or more stringent than those 
     established under environmental, labor, and public health 
     laws of the United States, including laws relating to the 
     conversion of forests, grassland, and wetland for 
     agricultural use or other biomass production.
                                 ______
                                 
  SA 1768. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1__. ANNUAL REPORTS.

       For each calendar year beginning after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report that describes, with respect to the preceding 
     calendar year--
       (1) the quantity of--
       (A) renewable fuels imported into the United States;
       (B) feedstocks imported into the United States to produce 
     renewable fuels; and
       (C) renewable fuels and feedstocks that are used to achieve 
     compliance with applicable renewable fuels standards and 
     other requirements under this title; and
       (2) the impact on the environment, labor conditions, and 
     public health status of foreign countries with respect to 
     production in the United States of renewable fuels to achieve 
     compliance with those standards and requirements.

                                 ______
                                 
  SA 1769. Mr. BROWN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle E of title II, add the following:

     SEC. 2__. FEDERAL FLEET FUEL EFFICIENT VEHICLES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Advanced technology vehicle.--The term ``advanced 
     technology vehicle'' means a light duty vehicle that meets--
       (A) the Bin 5 Tier II emission standard established in 
     regulations issued by the Administrator of the Environmental 
     Protection Agency under section 202(i) of the Clean Air Act 
     (42 U.S.C. 7521(i)), or a lower-numbered Bin emission 
     standard;
       (B) any new emission standard for fine particulate matter 
     prescribed by the Administrator under that Act (42 U.S.C. 
     7401 et seq.); and
       (C) at least 125 percent of the average base year combined 
     fuel economy, calculated on an energy-equivalent basis, for 
     vehicles of a substantially similar footprint.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Fuel Efficiency Requirement.--The Secretary shall 
     coordinate with the Administrator to ensure that vehicles 
     procured by Federal agencies are the most fuel efficient in 
     their class.
       (c) Purchase of Advanced Technology Vehicles.--
       (1) In general.--The Secretary shall coordinate with the 
     Administrator to ensure that, of the vehicles procured after 
     September 30, 2008--
       (A) not less than 5 percent of the total number of the 
     vehicles procured in each of fiscal years 2009 and 2010 are 
     advanced technology vehicles;
       (B) not less than 15 percent shall be advanced technology 
     vehicles by January 1, 2015; and
       (C) not less than 25 percent shall be advanced technology 
     vehicles by January 1, 2020.
       (2) Waiver.--The Secretary, in consultation with the 
     Administrator, may waive the requirements of paragraph (1) 
     for any fiscal year to the extent that the Secretary 
     determines necessary to adjust to limitations on the 
     commercial availability of advanced technology vehicles.
       (d) Report on Plans for Implementation.--At the same time 
     that the President submits the budget for fiscal year 2009 to 
     Congress under section 1105(a) of title 31, United States 
     Code, the Secretary shall submit to Congress a report 
     summarizing the plans for carrying out subsections (b) and 
     (c).
                                 ______
                                 
  SA 1770. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, insert the following;
       ``(D) Effective rulemaking.--The prescription of average 
     fuel economy standards under this paragraph shall be made 
     without regard to--
       ``(i) chapter 35 of title 44, United States Code (commonly 
     known as the `Paperwork Reduction Act');
                                 ______
                                 
  SA 1771. Mr. DURBIN (for himself, Mr. Grassley, Mr. Carper, Mr. 
Coleman, Mr. Obama, Ms. Klobuchar, and Mr. Lugar) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 47, after line 23, add the following:

     SEC. 131. BIODIESEL FUEL STANDARD.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 7545) is amended by inserting after subsection (o) the 
     following:
       ``(p) Biodiesel Fuel.--
       ``(1) Definitions.--In this subsection:
       ``(A) ASTM.--The term `ASTM' means the American Society of 
     Testing and Materials.
       ``(B) Bio-based diesel replacement.--The term `bio-based 
     diesel replacement' means any type of bio-based renewable 
     fuel derived from plant or animal matter that--
       ``(i) may be used as a substitute for standard diesel fuel; 
     and
       ``(ii) meets--

       ``(I) the registration requirements for fuels and fuel 
     additives under this section; and
       ``(II) the requirements of applicable ASTM standards.

       ``(C) Biodiesel.--
       ``(i) In general.--The term `biodiesel' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--

       ``(I) the registration requirements for fuels and fuel 
     additives under this section; and
       ``(II) the requirements of ASTM standard D6751.

       ``(ii) Inclusion.--For the purpose of measuring the 
     applicable volume of the biodiesel fuel standard under 
     paragraph (2), the term

[[Page 16690]]

     `biodiesel' includes any bio-based diesel replacement that 
     meets--

       ``(I) applicable registration requirements for fuels and 
     fuel additives under this section; or
       ``(II) applicable ASTM standards.

       ``(D) Biodiesel blend.--The term `biodiesel blend' means a 
     blend of biodiesel fuel that meets the requirements of ASTM 
     standard D6751 with petroleum-based diesel fuel.
       ``(2) Biodiesel fuel standard.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall 
     promulgate regulations to ensure that diesel fuel sold or 
     introduced into commerce in the United States, on an annual 
     average basis, contains the applicable volume of biodiesel 
     determined in accordance with subparagraphs (B) and (C).
       ``(B) Calendar years 2008 through 2012.--For the purpose of 
     subparagraph (A), the applicable volume for any of calendar 
     years 2008 through 2012 shall be determined in accordance 
     with the following table:

                                       ``Applicable volume of biodiesel
Calendar year:                                (in millions of gallons):
  2008..........................................................450....

  2009..........................................................625....

  2010..........................................................800....

  2011........................................................1,000....

  2012........................................................1,250....

       ``(C) Calendar year 2013 and thereafter.--For the purpose 
     of subparagraph (A), the applicable volume for calendar year 
     2013 and each calendar year thereafter shall be determined by 
     the Administrator, in consultation with the Secretary of 
     Energy and the Secretary of Agriculture, based on a review of 
     the implementation of the program during calendar years 2008 
     through 2012, including a review of--
       ``(i) the impact of the use of renewable fuels on the 
     environment, air quality, energy security, job creation, and 
     rural economic development; and
       ``(ii) the expected annual rate of future production of 
     biodiesel.
       ``(D) Minimum percentage of biodiesel.--For the purpose of 
     subparagraph (B), at least 80 percent of the minimum 
     applicable volume for each of calendar years 2008 through 
     2012 shall be biodiesel.
       ``(E) Compliance.--The regulations promulgated under 
     subparagraph (A) shall contain compliance provisions 
     applicable to refineries, blenders, distributors, and 
     importers, as appropriate, to ensure that the requirements of 
     this paragraph are met, but shall not--
       ``(i) restrict geographic areas in which biodiesel may be 
     used; or
       ``(ii) impose any per-gallon obligation for the use of 
     biodiesel.
       ``(F) Waivers.--
       ``(i) Market evaluation.--The Administrator, in 
     consultation with the Secretary of Energy and the Secretary 
     of Agriculture, shall continually evaluate the impact of the 
     biodiesel requirements established under this paragraph on 
     the price of diesel fuel.
       ``(ii) Waiver.--If the Administrator determines that there 
     is a significant biodiesel feedstock disruption or other 
     market circumstances that would make the price of biodiesel 
     fuel unreasonable, the Administrator, with the concurrence of 
     the Secretary of Energy and the Secretary of Agriculture, 
     shall issue an order to reduce, for a 60-day period, the 
     quantity of biodiesel required under subparagraph (A) by an 
     appropriate quantity that does not exceed 15 percent of the 
     applicable annual requirement for biodiesel.
       ``(iii) Factors.--In making determinations under this 
     subparagraph, the Administrator shall consider--

       ``(I) the purposes of this Act;
       ``(II) the differential between the price of diesel fuel 
     and the price of biodiesel; and
       ``(III) the impact the biodiesel mandate has on consumers.

       ``(iv) Extensions.--If the Administrator determines that 
     the feedstock disruption or circumstances described in clause 
     (ii) is continuing beyond the 60-day period described in 
     clause (ii) or this clause, the Administrator, with the 
     concurrence of the Secretary of Energy and the Secretary of 
     Agriculture, may issue an order to reduce, for an additional 
     60-day period, the quantity of biodiesel required under 
     subparagraph (A) by an appropriate quantity that does not 
     exceed an additional 15 percent of the applicable annual 
     requirement for biodiesel.
       ``(v) Restoration.--If the Administrator determines that 
     the feedstock disruption or circumstances described in clause 
     (ii) or (iv) has concluded and that it is practicable, the 
     Administrator, with the concurrence of the Secretary of 
     Energy and the Secretary of Agriculture, may issue an order 
     to increase the quantity of biodiesel required under 
     subparagraph (A) by an appropriate quantity to account for 
     the gallons of biodiesel not used during the period a waiver 
     or extension was in effect under this subparagraph.
       ``(G) Preemption of state biodiesel mandates.--
       ``(i) In general.--The standard established under 
     subparagraph (A) shall not apply to any diesel fuel subject 
     to a State biodiesel mandate that has been enacted as of 
     January 1, 2007.
       ``(ii) Production and use of biodiesel and bio-based 
     renewable diesel.--Subject to clause (iii), no State or unit 
     of local government shall establish or continue to enforce a 
     mandate that requires the level of production or use of 
     biodiesel or bio-based diesel replacement to exceed the 
     maximum level of production or use of biodiesel or bio-based 
     diesel replacement described in any--

       ``(I) engine warranty; or
       ``(II) specification derived in accordance with the ASTM.

       ``(iii) State and municipal vehicles.--Nothing in this 
     paragraph preempts the authority of a State or unit of local 
     government--

       ``(I) to regulate the use of biodiesel in vehicles owned by 
     the State or local government, respectively; or
       ``(II) to establish financial incentives to promote the use 
     of biodiesel.

       ``(iv) Financial incentives.--Nothing in this paragraph 
     precludes States from establishing financial incentives to 
     promote the voluntary use or production of biodiesel.''.
       (b) Conforming Amendments.--Section 211 of the Clean Air 
     Act (42 U.S.C. 7545) is amended--
       (1) in subsection (o)(1)(C)(ii)(II), by striking 
     ``biodiesel (as defined in section 312(f) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13220(f))) and''; and
       (2) by redesignating the first subsection (r) (relating to 
     fuel and fuel additive importers and importation) as 
     subsection (u) and moving that subsection so as to appear at 
     the end of the section.

     SEC. 132. BIODIESEL LABELING.

       Subsection (p) of section 211 of the Clean Air Act (42 
     U.S.C. 7545) (as added by section 131(a)) is amended by 
     adding at the end the following:
       ``(3) Biodiesel labeling.--
       ``(A) In general.--Each retail diesel fuel pump shall be 
     labeled in a manner that informs consumers of the percent of 
     biodiesel that is contained in the biodiesel blend that is 
     offered for sale, as determined by the Administrator.
       ``(B) Labeling requirements.--Not later than 180 days after 
     the date of enactment of this subsection, the Administrator 
     shall promulgate biodiesel labeling requirements as follows:
       ``(i) Biodiesel blends that contain less than or equal to 5 
     percent biodiesel by volume and that meet ASTM D975 diesel 
     specifications shall not require any additional labels.
       ``(ii) Biodiesel blends that contain more than 5 percent 
     biodiesel by volume but not more than 20 percent by volume 
     shall be labeled `contains biodiesel in quantities between 5 
     percent and 20 percent'.
       ``(iii) Biodiesel blends that contain more than 20 percent 
     biodiesel by volume shall be labeled `contains more than 20 
     percent biodiesel'.''.
                                 ______
                                 
  SA 1772. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 4, strike line 8 through page 5, line 12.
       On page 114, after line 16, insert the following:

     SEC. 855. CREDIT FOR COMPACT FLUORESCENT LIGHT BULBS.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 25D the 
     following new section:

     ``SEC. 25E. CREDIT FOR COMPACT FLUORESCENT LIGHT BULBS.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to $2 per 
     qualifying compact fluorescent light bulb purchased by the 
     taxpayer during such year for use in a dwelling unit located 
     in the United States and used as a residence by the taxpayer.
       ``(b) Maximum Credit.--The credit allowed under subsection 
     (a) for any taxable year shall not exceed $100 per return.
       ``(c) Qualifying Compact Fluorescent Light Bulb.--For 
     purposes of this section, the term `qualifying compact 
     fluorescent light bulb' means any compact fluorescent light 
     bulb which meets the requirements of the Energy Star program 
     in effect for such light bulbs in 2008.
       ``(d) Termination.--The credit allowed under this section 
     shall not apply to property purchased after December 31, 
     2008.''.

[[Page 16691]]

       (b) Clerical Amendment.--The table of chapters for subpart 
     A of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 25D the 
     following new item:
       ``Sec. 25E. Credit for compact fluorescent light bulbs.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to property purchased in taxable years beginning 
     after December 31, 2007.
                                 ______
                                 
  SA 1773. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 4, strike line 8 through page 5, line 12.
                                 ______
                                 
  SA 1774. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 4, strike line 8 through page 5, line 12.
       On page 114, after line 16, insert the following:

     SEC. 855. EXTENSION OF ENERGY EFFICIENT APPLIANCE CREDIT.

       Subsection (b) of section 45M (as amended by this Act) is 
     amended by striking ``calendar year 2008, 2009, or 2010'' 
     each place it appears in paragraphs (1)(A), (2)(B), (2)(C), 
     (3)(B), and (3)(C) and inserting ``calendar years 2008 
     through 2017''.
                                 ______
                                 
  SA 1775. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 4, strike line 8 through page 5, line 12.
       On page 157, after line 14, insert the following:

     SEC. 879. ACCELERATED DEPRECIATION FOR SCRUBBERS.

       (a) In General.--Subparagraph (A) of section 168(e)(3) 
     (relating to 3-year property) is amended--
       (1) by striking ``and'' at the end of clause (ii),
       (2) by striking the period at the end of clause (iii) and 
     inserting ``, and'', and
       (3) by adding at the end the following new clause:
       ``(iv) any qualifying scrubber, as defined in subsection 
     (i)(19).''.
       (b) Qualifying Scrubber.--Section 168(i) (relating to 
     definitions and special rules), as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(19) Qualifying scrubber.--For purposes of this section, 
     the term `qualifying scrubber' means any wet or dry scrubber 
     or scrubber system which meets all standards issued by the 
     Environmental Protection Agency applicable to such scrubber 
     or scrubber system.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 1776. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRODUCTION OF MINERALS AND RENEWABLE ENERGY.

       (a) Definitions.--In this section:
       (1) Coastal political subdivision.--The term ``coastal 
     political subdivision'' means a political subdivision of a 
     contributing energy State any part of which political 
     subdivision is--
       (A) within the coastal zone (as defined in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of 
     the contributing energy State as of the date of enactment of 
     this Act; and
       (B) not more than 200 nautical miles from the geographic 
     center of any leased tract.
       (2) Contributing energy state.--The term ``contributing 
     energy State'' means--
       (A) in the case of an offshore area, a State that has, 
     within the offshore administrative boundaries beyond the 
     submerged land of the State, an energy area available for 
     leasing of minerals or renewable energy under subsection (c); 
     and
       (B) in the case of an onshore area, a State that has, 
     within the onshore boundaries of the State, an energy area 
     available for leasing of minerals or renewable energy under 
     subsection (c).
       (3) Energy area.--
       (A) In general.--The term ``energy area'' means--
       (i) in the case of an offshore area, any area that is 
     within the offshore administrative boundaries beyond the 
     submerged land of a State that is located greater than 50 
     miles from the coastline of the State; and
       (ii) in the case of an onshore area, any Federal land that 
     is within the onshore boundaries of a State.
       (B) Exclusions.--The term ``energy area'' does not 
     include--
       (i) a unit of the National Park System;
       (ii) a component of the National Wild and Scenic Rivers 
     System;
       (iii) a component of the National Trails System;
       (iv) a component of the National Wilderness Preservation 
     System;
       (v) a National Monument;
       (vi) any part of the National Landscape Conservation 
     System;
       (vii) a National Conservation Area;
       (viii) a National Marine Sanctuary;
       (ix) a National Marine Monument; or
       (x) a National Recreation Area.
       (4) Minerals.--The term ``minerals'' has the meaning given 
     the term in section 2 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331).
       (5) Qualified revenues.--
       (A) In general.--The term ``qualified revenues'' means all 
     rentals, royalties, bonus bids, and other sums due and 
     payable to the United States from leases entered into on or 
     after the date of enactment of this section for energy areas.
       (B) Exclusions.--The term ``qualified revenues'' does not 
     include--
       (i) revenues from the forfeiture of a bond or other surety 
     securing obligations other than royalties, civil penalties, 
     or royalties taken by the Secretary in-kind and not sold; or
       (ii) revenues generated from leases subject to section 8(g) 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)).
       (6) Renewable energy.--The term ``renewable energy'' means 
     energy generated from--
       (A) a renewable energy source; or
       (B) hydrogen, other than hydrogen produced from a fossil 
     fuel, that is produced from a renewable energy source.
       (7) Renewable energy source.--The term ``renewable energy 
     source'' includes--
       (A) biomass;
       (B) geothermal energy;
       (C) hydropower;
       (D) landfill gas;
       (E) municipal solid waste;
       (F) ocean (including tidal, wave, current, and thermal) 
     energy;
       (G) organic waste;
       (H) photosynthetic processes;
       (I) photovoltaic energy;
       (J) solar energy; and
       (K) wind.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conditions.--
       (1) In general.--Subject to paragraphs (2) and (3), this 
     section shall apply only if and during the period the 
     President certifies to Congress that--
       (A) the national average retail price of gasoline in the 
     United States exceeds $3.75 per gallon;
       (B) the quantity of oil imported into the United States 
     exceeds 65 percent of the total quantity of oil consumed in 
     the United States;

[[Page 16692]]

       (C) the supply of renewable fuel is insufficient to meet 
     the demand for fuel in the United States; and
       (D) continued and growing reliance on foreign oil imports 
     is a threat to national security.
       (2) Offshore areas.--In the case of an offshore area, the 
     President may make energy areas off the coastline of a State 
     or region available for leasing of minerals or renewable 
     energy under this section during a period described in 
     paragraph (1) only if the President--
       (A) takes into Federal management an area of land that is 
     equal to at least 110 percent of the acreage of energy areas 
     off the coastline of the State or region that are made 
     available for leasing of minerals or renewable energy under 
     this section; and
       (B) uses the land taken into Federal management under 
     subparagraph (A) to establish and maintain a national marine 
     sanctuary off the coastline of the State or region.
       (3) Onshore areas.--In the case of an onshore area, the 
     President may make energy areas in a State or region 
     available for leasing of minerals or renewable energy under 
     this section during a period described in paragraph (1) only 
     if the President takes into Federal management for the Bureau 
     of Land Management or the Forest Service an area of land that 
     is equal to at least 110 percent of the acreage of energy 
     areas in the State or region that are made available for 
     leasing of minerals or renewable energy under this section.
       (c) Petition for Leasing Energy Areas.--
       (1) In general.--During the period described in subsection 
     (b), the Governor of a State with an energy area may submit 
     to the Secretary a petition requesting that the Secretary 
     make the energy area available for energy production through 
     the leasing of minerals or renewable energy.
       (2) Action by secretary.--Notwithstanding any other 
     provision of law, as soon as practicable after the date of 
     receipt of a petition under paragraph (1), the Secretary 
     shall approve the petition if--
       (A) the Secretary determines that leasing the energy area 
     would not create an unreasonable risk to public health or the 
     environment, taking into account the economic, social, and 
     environmental costs and benefits of the leasing; and
       (B) the legislature of the State enacts a law approving the 
     petition.
       (d) Disposition of Qualified Revenues From Offshore Energy 
     Areas.--
       (1) In general.--In the case of qualified revenues from 
     offshore energy areas, notwithstanding section 9 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1338) and subject to 
     the other provisions of this subsection, for each applicable 
     fiscal year, the Secretary of the Treasury shall deposit or 
     provide--
       (A) 37.5 percent of qualified revenues to contributing 
     energy States in accordance with paragraph (2);
       (B) 20 percent of qualified revenues in a special account 
     in the Treasury that shall be available to the Secretary of 
     Energy to promote renewable energy production, the reduction 
     and sequestering of emissions, and energy efficient 
     technologies;
       (C) 12.5 percent of qualified revenues to provide financial 
     assistance to States in accordance with section 6 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l -8), 
     which shall be considered income to the Land and Water 
     Conservation Fund for purposes of section 2 of that Act (16 
     U.S.C. 460l-5);
       (D) 10 percent of qualified revenues in a special account 
     in the Treasury that shall be available to the Secretary to 
     allocate funds to States to carry out State wildlife 
     programs; and
       (E) 10 percent of qualified revenues in the general fund of 
     the Treasury.
       (2) Allocation to contributing energy states and coastal 
     political subdivisions.--
       (A) Allocation to contributing energy states.--Effective 
     for fiscal year 2008 and each fiscal year thereafter, the 
     amount made available under paragraph (1)(A) shall be 
     allocated to each contributing energy State in proportion to 
     the amount of qualified revenues generated in any energy area 
     within the offshore administrative boundaries beyond the 
     submerged land of the State.
       (B) Payments to coastal political subdivisions.--
       (i) In general.--The Secretary shall pay 20 percent of the 
     allocable share of each contributing energy State, as 
     determined under subparagraph (A), to the coastal political 
     subdivisions of the contributing energy State.
       (ii) Allocation.--The amount paid by the Secretary to 
     coastal political subdivisions shall be allocated to each 
     coastal political subdivision in a manner consistent with 
     subparagraphs (B) and (C) of section 31(b)(4) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)), as 
     determined by the Secretary.
       (3) Timing.--The amounts required to be deposited under 
     subparagraphs (A) through (D) of paragraph (1) for the 
     applicable fiscal year shall be made available in accordance 
     with that subparagraph during the fiscal year immediately 
     following the applicable fiscal year.
       (4) Authorized uses.--
       (A) In general.--Subject to subparagraph (B), each 
     contributing energy State and coastal political subdivision 
     shall use all amounts received under paragraph (2) in 
     accordance with all applicable Federal and State laws, only 
     for 1 or more of the following purposes:
       (i) Projects and activities for the purposes of coastal 
     protection, including conservation, coastal restoration, 
     hurricane protection, and infrastructure directly affected by 
     coastal wetland losses.
       (ii) Mitigation of damage to fish, wildlife, or natural 
     resources.
       (iii) Implementation of a federally-approved marine, 
     coastal, or comprehensive conservation management plan.
       (iv) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore infrastructure 
     projects.
       (v) Planning assistance and the administrative costs of 
     complying with this section.
       (B) Limitation.--Not more than 3 percent of amounts 
     received by a contributing energy State or coastal political 
     subdivision under paragraph (2) may be used for the purposes 
     described in subparagraph (A)(v).
       (5) Administration.--Amounts made available under 
     subparagraphs (A) through (D) of paragraph (1) shall--
       (A) be made available, without further appropriation, in 
     accordance with this subsection;
       (B) remain available until expended; and
       (C) be in addition to any amounts appropriated under--
       (i) other provisions of this Act;
       (ii) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); or
       (iii) any other provision of law.
       (e) Disposition of Qualified Revenues From Onshore Energy 
     Areas.--
       (1) In general.--In the case of qualified revenues from 
     onshore energy areas, subject to the other provisions of this 
     subsection, for each applicable fiscal year, the Secretary of 
     the Treasury shall deposit--
       (A) 40 percent of qualified revenues in a special account 
     in the Treasury that shall be available to the Secretary of 
     the Interior to allocate to contributing energy States in 
     accordance with paragraph (2);
       (B) 30 percent of qualified revenues in the reclamation 
     fund established by the first section of the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093);
       (C) 20 percent of qualified revenues in a special account 
     in the Treasury that shall be available to the Secretary of 
     Energy to promote renewable energy production, the reduction 
     and sequestering of emissions, and energy efficient 
     technologies; and
       (D) 10 percent of qualified revenues in the general fund of 
     the Treasury.
       (2) Allocation to contributing energy states.--Effective 
     for fiscal year 2008 and each fiscal year thereafter, the 
     amount made available under paragraph (1)(A) shall be 
     allocated to each contributing energy State in a manner that 
     is consistent with the allocation of assistance to States 
     under the Mineral Leasing Act (30 U.S.C. 181 et seq.), as 
     determined by the Secretary.
       (3) Timing.--The amounts required to be deposited under 
     subparagraphs (A) through (C) of paragraph (1) for the 
     applicable fiscal year shall be made available in accordance 
     with that subparagraph during the fiscal year immediately 
     following the applicable fiscal year.
       (4) Authorized uses.--
       (A) In general.--Subject to subparagraph (B), each 
     contributing energy State shall use all amounts received 
     under paragraph (2) in accordance with all applicable Federal 
     and State laws, only for 1 or more of the following purposes:
       (i) Programs and activities that are allowed under the 
     Mineral Leasing Act (30 U.S.C. 181 et seq.).
       (ii) Planning assistance and the administrative costs of 
     complying with this section.
       (B) Limitation.--Not more than 3 percent of amounts 
     received by a contributing energy State under paragraph (2) 
     may be used for the purposes described in subparagraph 
     (A)(ii).
       (5) Administration.--Amounts made available under 
     subparagraphs (A) through (C) of paragraph (1) shall--
       (A) be made available, without further appropriation, in 
     accordance with this subsection;
       (B) remain available until expended; and
       (C) be in addition to any amounts appropriated under--
       (i) other provisions of this Act;
       (ii) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); or
       (iii) any other provision of law.
       (f) Administration.--Nothing in this section affects--
       (1) the amount of funds otherwise dedicated to--
       (A) the land and water conservation fund established under 
     section 2 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-5); or
       (B) the Historic Preservation Fund established under 
     section 108 of the National Historic Preservation Act (16 
     U.S.C. 470h); or
       (2) any authority that permits energy production under any 
     other provision of law.

                                 ______
                                 
  SA 1777. Mr. KERRY submitted an amendment intended to be proposed to

[[Page 16693]]

amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 97, line 10, strike all through page 99, 
     line 19, and insert the following:
       ``(i) Plug-in Conversion Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     plug-in conversion credit determined under this subsection 
     with respect to any motor vehicle which is converted to a 
     qualified plug-in electric drive motor vehicle is an amount 
     equal to 50 percent of the cost of the plug-in traction 
     battery module installed in such vehicle as part of such 
     conversion.
       ``(2) Limitations.--The amount of the credit allowed under 
     this subsection shall not exceed $4,000 with respect to the 
     conversion of any motor vehicle.
       ``(3) Definitions and special rules.--For purposes of this 
     subsection--
       ``(A) Qualified plug-in electric drive motor vehicle.--The 
     term `qualified plug-in electric drive motor vehicle' means 
     any new qualified plug-in electric drive motor vehicle (as 
     defined in section 30D(c), determined without regard to 
     paragraphs (4) and (6) thereof).
       ``(B) Plug-in traction battery module.--The term `plug-in 
     traction battery module' means an electro-chemical energy 
     storage device which--
       ``(i) has a traction battery capacity of not less than 2.5 
     kilowatt hours,
       ``(ii) is equipped with an electrical plug by means of 
     which it can be energized and recharged when plugged into an 
     external source of electric power,
       ``(iii) consists of a standardized configuration and is 
     mass produced,
       ``(iv) has been tested and approved by the National Highway 
     Transportation Safety Administration as compliant with 
     applicable motor vehicle and motor vehicle equipment safety 
     standards when installed by a mechanic with standardized 
     training in protocols established by the battery manufacturer 
     as part of a nationwide distribution program, and
       ``(v) is certified by a battery manufacturer as meeting the 
     requirements of clauses (i) through (iv).
       ``(C) Credit allowed to lessor of battery module.--In the 
     case of a plug-in traction battery module which is leased to 
     the taxpayer, the credit allowed under this subsection shall 
     be allowed to the lessor of the plug-in traction battery 
     module.
       ``(D) Credit allowed in addition to other credits.--The 
     credit allowed under this subsection shall be allowed with 
     respect to a motor vehicle notwithstanding whether a credit 
     has been allowed with respect to such motor vehicle under 
     this section (other than this subsection) in any preceding 
     taxable year.
       ``(4) Termination.--This subsection shall not apply to 
     conversions made after December 31, 2010.''.
                                 ______
                                 
  SA 1778. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 42, strike lines 6 through 12 and insert the 
     following:
       (c) Fischer-Tropsch Process Excluded From Eligible 
     Projects.--Paragraph (7) of section 48B(c) is amended by 
     adding at the end the following new flush sentence:

     ``Such term shall not include any person whose application 
     for certification is principally intended for use in a 
     project which employs gasification for applications related 
     to transportation grade liquid fuels.''.
       Beginning on page 71, line 9, strike all through page 72, 
     line 2, and insert the following:
       (c) Fischer-Tropsch Process Excluded From Definition of 
     Alternative Fuel.--Paragraph (2) of section 6426(d), as 
     amended by subsection (b), is amended by striking 
     subparagraph (E) and by redesignating subparagraphs (F) and 
     (G) as subparagraphs (E) and (F), respectively.
       On page 77, line 20, strike ``(G)'' and insert ``(F)''.
                                 ______
                                 
  SA 1779. Mr. HARKIN (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 278, after line 23, add the following:
       (6) Purchase, sale, report.--The terms ``purchase'', 
     ``sale'', and ``report'', with respect to the wholesale price 
     of crude oil, gasoline, and petroleum distillates, do not 
     include any transaction or other activity that is subject to 
     the Commodity Exchange Act (7 U.S.C. 1 et seq.).
                                 ______
                                 
  SA 1780. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, 
to reduce our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON RETAIL FUEL FAIRNESS.

       (a) Findings.--Congress makes the following findings:
       (1) Consumer protection is a priority for the United States 
     Government. Consumers are entitled to the full benefit of 
     every purchase.
       (2) As atmospheric temperature rises, so does the 
     temperature of motor fuel (gasoline and diesel fuel) in 
     filling station tanks. Motor fuel expands as it gets warmer 
     so it takes more fluid to contain the same content of energy 
     (or BTUs) it had when it was at a cooler temperature, 
     resulting in a decrease in energy content of 1 gallon of 
     motor fuel.
       (3) The expansion of liquid motor fuel due to increases in 
     temperature is commonly referred to as ``hot fuel''.
       (4) During the purchase and sale of motor fuel between 
     wholesalers and retailers, the motor fuel volume is 
     temperature compensated to a 60 degree Fahrenheit reference 
     volume.
       (5) During the purchase and sale of motor fuel between 
     retailers and consumers the temperature of the fuel is not 
     considered.
       (6) The lack of temperature compensation at the retail pump 
     costs consumers $2,740,000,000 annually.
       (7) An excise tax on the sale of motor fuel is imposed on 
     entities at points in the chain of distribution above the 
     retail level. Taxes are remitted based on temperature-
     compensated gallons of motor fuel.
       (8) Taxes are recouped from retail consumers on a non-
     temperature-compensated basis. As a result, when retailers 
     sell to consumers motor fuel that is at a temperature greater 
     than 60 degrees Fahrenheit, the retailers recoup more from 
     consumers as ``taxes'' than the actual amount of Federal and 
     State excise taxes paid by the retailers.
       (9) At the time of purchase, a consumer is entitled to the 
     same BTU content contained in a gallon of motor fuel at the 
     retail pump as the retailer receives when the retailer 
     purchases a gallon of motor fuel from the wholesaler.
       (10) The most equitable method to address the disparity of 
     the BTU content at the retail pump is by installing 
     temperature compensating retrofit kits to retail fuel pump. 
     This equipment is currently being used in Canada to 
     compensate for the colder motor fuel temperatures they 
     experience.
       (11) The National Conference on Weights and Measures, Inc. 
     creates the uniform commercial transaction standards to 
     ensure consumers receive the full benefit of their purchases.
       (12) The National Conference on Weights and Measures, Inc. 
     has the authority to adopt standards that would address the 
     concerns behind hot fuel.
       (13) The National Institute of Standards and Technology 
     (NIST) provides technical guidance to the National Conference 
     on Weights and Measures, Inc. (NCWM). NIST officials serve as 
     technical advisors to NCWM committees, including the Law and 
     Regulations Committee.
       (14) In January 2007, the Law and Regulations Committee of 
     the National Conference

[[Page 16694]]

     on Weights and Measures, Inc. voted to adopt a standard that 
     will facilitate the implementation of a permissive approach 
     to the use of temperature compensation in the marketplace.
       (15) In June, 2007, in testimony before a subcommittee of 
     the House of Representatives, a NIST weights and measure 
     official supported the adoption of temperature compensation 
     for the sale of motor fuel at retail pumps.
       (16) Despite over 30 years of debate, the National 
     Conference on Weights and Measures, Inc. has not yet 
     addressed consumer concerns over hot fuel and its hidden 
     costs to consumers.
       (17) The National Conference on Weights and Measures, Inc. 
     will hold its annual meeting on July 8-12, 2007 in Salt Lake 
     City, Utah.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress should adopt sound policies that protect 
     consumers from fraud or unfairness in connection with the 
     purchase or sale of motor fuel;
       (2) consumers should receive the full benefit of their 
     purchase;
       (3) in order for consumers to receive the full benefit of a 
     gallon of motor fuel, the temperature disparity created by 
     hot fuel must be resolved;
       (4) the National Conference on Weights and Measures, Inc. 
     has the authority to adopt standards that would resolve the 
     United States Governments concerns surrounding hot fuel;
       (5) during the annual meeting of the National Conference on 
     Weights and Measures, Inc. in July 2007, standards for the 
     hot fuel issue should be promulgated;
       (6) in promulgating standards to address the hot fuel 
     issue, the National Conference on Weights and Measures, Inc. 
     should consider the $2,740,000,000 loss to consumers;
       (7) in promulgating standards to address the hot fuel 
     issue, the National Conference on Weights and Measures, Inc. 
     should consider the fact that consumers are paying more in 
     Federal and State excise motor fuel taxes than motor fuel 
     retailers are remitting; and
       (8) in promulgating standards to address the hot fuel 
     issue, the National Conference on Weights and Measures, Inc. 
     should consider the methods, standards and procedures Canada 
     is currently using to regulate motor fuel temperature.
                                 ______
                                 
  SA 1781. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III, add the following:

     SEC. 3___. COAL INNOVATION DIRECT LOAN PROGRAM.

       (a) In General.--Title XXXI of the Energy Policy Act of 
     1992 (42 U.S.C. 13571 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 3105. COAL INNOVATION DIRECT LOAN PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Carbon capture.--The term `carbon capture' means the 
     capture, separation, and compression of carbon dioxide that 
     would otherwise be released to the atmosphere at a facility 
     in the production of end products of a project prior to 
     transportation of the carbon dioxide to a long-term storage 
     site.
       ``(2) Coal-to-liquid product.--The term `coal-to-liquid 
     product' means a liquid fuel resulting from the conversion of 
     a feedstock, as described in this section.
       ``(3) Combustible end product.--The term `combustible end 
     product' means any product of a facility intended to be used 
     as a combustible fuel.
       ``(4) Conventional baseline emissions.--The term 
     `conventional baseline emissions' means--
       ``(A) the lifecycle greenhouse gas emissions of a facility 
     that produces combustible end products, using petroleum as a 
     feedstock, that are equivalent to combustible end products 
     produced by a facility of comparable size through an eligible 
     project;
       ``(B) in the case of noncombustible products produced 
     through an eligible project, the average lifecycle greenhouse 
     gas emissions emitted by projects that--
       ``(i) are of comparable size; and
       ``(ii) produce equivalent products using conventional 
     feedstocks; and
       ``(C) in the case of synthesized gas intended for use as a 
     combustible fuel in lieu of natural gas produced by an 
     eligible project, the lifecycle greenhouse gas emissions that 
     would result from equivalent use of natural gas.
       ``(5) Eligible project.--The term `eligible project' means 
     a project--
       ``(A) that employs gasification technology or another 
     conversion process for feedstocks described in this section; 
     and
       ``(B) for which--
       ``(i) the annual lifecycle greenhouse gas emissions of the 
     project are at least--

       ``(I) at the end of the first calendar year after the date 
     of commencement of the project, 5 percent lower than 
     conventional baseline emissions;
       ``(II) at the end of the second calendar year after the 
     date of commencement of the project, 10 percent lower than 
     conventional baseline emissions;
       ``(III) at the end of the third calendar year after the 
     date of commencement of the project, 15 percent lower than 
     conventional baseline emissions; and
       ``(IV) at the end of the fourth calendar year after the 
     date of commencement of the project, 20 percent lower than 
     conventional baseline emissions;

       ``(ii) of the carbon dioxide that would otherwise be 
     released to the atmosphere at the facility in the production 
     of end products of the project, at least--

       ``(I) at the end of the first calendar year after the date 
     of commencement of the project, 20 percent is captured for 
     long-term storage;
       ``(II) at the end of the second calendar year after the 
     date of commencement of the project, 40 percent is captured 
     for long-term storage;
       ``(III) at the end of the third calendar year after the 
     date of commencement of the project, 60 percent is captured 
     for long-term storage; and
       ``(IV) at the end of the fourth calendar year after the 
     date of commencement of the project, 80 percent is captured 
     for long-term storage;

       ``(iii) the individual or entity carrying out the eligible 
     project has entered into an enforceable agreement with the 
     Secretary to implement carbon capture at the percentage that, 
     by the end of the 5-year period after commencement of 
     commercial operation of the eligible project--

       ``(I) represents the best available technology; and
       ``(II) achieves a reduction in carbon emissions that is not 
     less than 80 percent; and

       ``(iv) in the opinion of the Secretary, sufficient 
     commitments have been secured to achieve long-term storage of 
     captured carbon dioxide beginning as of the date of 
     commencement of commercial operation of the project.
       ``(6) Facility.--The term `facility' means a facility at 
     which the conversion of feedstocks to end products takes 
     place.
       ``(7) Gasification technology.--The term `gasification 
     technology' means any process that converts coal, petroleum 
     residue, renewable biomass, or other material that is 
     recovered for energy or feedstock value into a synthesis gas 
     composed primarily of carbon monoxide and hydrogen for direct 
     use or subsequent chemical or physical conversion.
       ``(8) Greenhouse gas.--The term `greenhouse gas' means any 
     of--
       ``(A) carbon dioxide;
       ``(B) methane;
       ``(C) nitrous oxide;
       ``(D) hydrofluorocarbons;
       ``(E) perfluorocarbons; and
       ``(F) sulfur hexafluoride.
       ``(9) Lifecycle greenhouse gas emissions.--The term 
     `lifecycle greenhouse gas emissions' means the aggregate 
     quantity of greenhouse gases attributable to the production 
     and transportation of end products at a facility, including 
     the production, extraction, cultivation, distribution, 
     marketing, and transportation of feedstocks, and the 
     subsequent distribution and use of any combustible end 
     products, as modified by deducting, as determined by the 
     Administrator of the Environmental Protection Agency--
       ``(A) any greenhouse gases captured at the facility and 
     sequestered;
       ``(B) the carbon content, expressed in units of carbon 
     dioxide equivalent, of any feedstock that is renewable 
     biomass; and
       ``(C) the carbon content, expressed in units of carbon 
     dioxide equivalent, of any end products that do not result in 
     the release of carbon dioxide to the atmosphere.
       ``(10) Long-term storage.--The term `long-term storage' 
     means sequestration with an expected maximum rate of carbon 
     dioxide leakage over a specified period of time that is 
     consistent with the objective of reducing atmospheric 
     concentrations of carbon dioxide, subject to a permit issued 
     pursuant to law in effect as of the date of the 
     sequestration.
       ``(11) Renewable biomass.--The term `renewable biomass' has 
     the definition given the term in section 102 of the Renewable 
     Fuels, Consumer Protection, and Energy Efficiency Act of 
     2007.
       ``(12) Sequestration.--The term `sequestration' means the 
     placement of carbon dioxide in a geological formation, 
     including--
       ``(A) an operating oil and gas field;
       ``(B) coal bed methane recovery;
       ``(C) a depleted oil and gas field;
       ``(D) an unmineable coal seam;
       ``(E) a deep saline formation; and
       ``(F) a deep geological systems containing basalt 
     formations.
       ``(b) FEED Assistance Program.--
       ``(1) In general.--Subject to paragraph (3), and in 
     accordance with section 988 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352), not later than 1 year after the date of 
     the enactment of this section, the Secretary shall

[[Page 16695]]

     carry out a program to provide grants for use in obtaining or 
     carrying out any services necessary for the planning, 
     permitting, and construction of an eligible project.
       ``(2) Selection of eligible projects.--The Secretary shall 
     select eligible projects to receive grants under this 
     section--
       ``(A) through the conduct of a reverse auction, in which 
     eligible projects proposed to be carried out that have the 
     greatest rate of carbon capture and long-term storage, and 
     the lowest lifecycle greenhouse gas emissions, are given 
     priority;
       ``(B) that, taken together, would--
       ``(i) represent a variety of geographical regions;
       ``(ii) use a variety of feedstocks and types of coal; and
       ``(iii) to the extent consistent with achieving long-term 
     storage, represent a variety of geological formations; and
       ``(C) for which eligible projects, in the opinion of the 
     Secretary--
       ``(i) each award recipient is financially viable without 
     the receipt of additional Federal funding associated with the 
     proposed project;
       ``(ii) each recipient will provide sufficient information 
     to the Secretary for the Secretary to ensure that the 
     qualified investment is expended efficiently and effectively;
       ``(iii) a market exists for the products of the proposed 
     project, as evidenced by contracts or written statements of 
     intent from potential customers;
       ``(iv) the project team of each recipient is competent in 
     the construction and operation of the gasification technology 
     proposed; and
       ``(v) each recipient has met such other criteria as may be 
     established and published by the Secretary.
       ``(3) Maximum amount of grants.--In carrying out this 
     subsection, the Secretary shall provide not more than--
       ``(A) $20,000,000 in grant funds for any eligible project; 
     and
       ``(B) $200,000,000 in grant funds, in the aggregate, for 
     all eligible projects.
       ``(c) Direct Loan Program.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and subject to funds being made 
     available in advance through appropriations Acts, the 
     Secretary shall carry out a program to provide a total of not 
     more than $10,000,000,000 in loans to eligible individuals 
     and entities (as determined by the Secretary) for use in 
     carrying out eligible projects.
       ``(2) Application.--An applicant for a loan under this 
     section shall comply with the terms and conditions in section 
     215(b)(3) of the Renewable Fuels, Consumer Protection, and 
     Energy Efficiency Act of 2007 in the same manner in which 
     applicants for Renewable Energy Construction grants are 
     required to comply with that section.
       ``(3) Selection of eligible projects.--The Secretary shall 
     select eligible projects to receive loans under this 
     section--
       ``(A) through the conduct of a reverse auction, in which 
     eligible projects proposed to be carried out that have the 
     greatest rate of carbon capture and long-term storage, and 
     the lowest lifecycle greenhouse gas emissions, are given 
     priority;
       ``(B) that, taken together, would--
       ``(i) represent a variety of geographic regions;
       ``(ii) use a variety of types of feedstocks and coal; and
       ``(iii) to the extent consistent with achieving long-term 
     storage, represent a variety of geological formations; and
       ``(C) for which eligible projects, in the opinion of the 
     Secretary--
       ``(i) each award recipient is financially viable without 
     the receipt of additional Federal funding associated with the 
     proposed project;
       ``(ii) each recipient will provide sufficient information 
     to the Secretary for the Secretary to ensure that the 
     qualified investment is expended efficiently and effectively;
       ``(iii) a market exists for the products of the proposed 
     project, as evidenced by contracts or written statements of 
     intent from potential customers;
       ``(iv) the project team of each recipient is competent in 
     the construction and operation of the gasification technology 
     proposed; and
       ``(v) each recipient has met such other criteria as may be 
     established and published by the Secretary.
       ``(4) Use of loan funds.--
       ``(A) In general.--Subject to subparagraph (B), funds from 
     a loan provided under this section may be used to pay up to 
     100 percent of the costs of capital associated with reducing 
     lifecycle greenhouse gas emissions at the facility (including 
     carbon dioxide capture, compression, and long-term storage, 
     cogeneration, and gasification of biomass) carried out as 
     part of an eligible project.
       ``(B) Total project cost.--Funds from a loan provided under 
     this section may not be used to pay more than 50 percent of 
     the total cost of an eligible project.
       ``(5) Rates, terms, and repayment of loans.--A loan 
     provided under this section--
       ``(A) shall have an interest rate that, as of the date on 
     which the loan is made, is equal to the cost of funds to the 
     Department of the Treasury for obligations of comparable 
     maturity;
       ``(B) shall have a term equal to the lesser of--
       ``(i) the projected life, in years, of the eligible project 
     to be carried out using funds from the loan, as determined by 
     the Secretary; and
       ``(ii) 25 years;
       ``(C) may be subject to a deferral in repayment for not 
     more than 5 years after the date on which the eligible 
     project carried out using funds from the loan first begins 
     operations, as determined by the Secretary; and
       ``(D) shall be made on the condition that the Secretary 
     shall be subrogated to the rights of the recipient of the 
     payment as specified in the loan or related agreements, 
     including, as appropriate, the authority (notwithstanding any 
     other provision of law)--
       ``(i) to complete, maintain, operate, lease, or otherwise 
     dispose of any property acquired pursuant to the guarantee or 
     a related agreement; or
       ``(ii) to permit the borrower, pursuant to an agreement 
     with the Secretary, to continue to pursue the purposes of the 
     project, if the Secretary determines the pursuit to be in the 
     public interest.
       ``(6) Methodology.--Not later than 18 months after the date 
     of enactment of this section, the Administrator of the 
     Environmental Protection Agency shall, by regulation, 
     establish a methodology for use in determining the lifecycle 
     greenhouse gas emissions of products produced using 
     gasification technology.
       ``(d) Study of Maintaining Coal-to-Liquid Products in 
     Strategic Petroleum Reserve.--Not later than 1 year after the 
     date of enactment of this section, the Secretary and the 
     Secretary of Defense shall--
       ``(1) conduct a study of the feasibility and suitability of 
     maintaining coal-to-liquid products in the Strategic 
     Petroleum Reserve; and
       ``(2) submit to the Committee on Energy and Natural 
     Resources and the Committee on Armed Services of the Senate 
     and the Committee on Energy and Commerce and the Committee on 
     Armed Services of the House of Representatives a report 
     describing the results of the study.
       ``(e) Report on Emissions of Coal-to-Liquid Products Used 
     as Transportation Fuels.--
       ``(1) In general.--In cooperation with the Secretary, the 
     Secretary of Defense, the Administrator of the Federal 
     Aviation Administration, and the Secretary of Health and 
     Human Services, the Administrator of the Environmental 
     Protection Agency shall--
       ``(A) carry out a research and demonstration program to 
     evaluate the emissions of the use of coal-to-liquid fuel for 
     transportation, including diesel and jet fuel;
       ``(B) evaluate the effect of using coal-to-liquid 
     transportation fuel on emissions of vehicles, including motor 
     vehicles and nonroad vehicles, and aircraft (as those terms 
     are defined in sections 216 and 234, respectively, of the 
     Clean Air Act (42 U.S.C. 7550, 7574)); and
       ``(C) in accordance with paragraph (4), submit to Congress 
     a report on the effect on air and water quality, water 
     scarcity, land use, and public health of using coal-to-liquid 
     fuel in the transportation sector.
       ``(2) Guidance and technical support.--The Administrator of 
     the Environmental Protection Agency, in consultation with the 
     Secretary, shall issue any guidance or technical support 
     documents necessary to facilitate the effective use of coal-
     to-liquid fuel and blends under this subsection.
       ``(3) Requirements.--The program described in paragraph 
     (1)(A) shall take into consideration--
       ``(A) the use of neat (100 percent) coal-to-liquid fuel and 
     blends of coal-to-liquid fuels with conventional crude oil-
     derived fuel for heavy-duty and light-duty diesel engines and 
     the aviation sector;
       ``(B) the production costs associated with domestic 
     production of those fuels and prices for consumers; and
       ``(C) the overall greenhouse gas effects of substituting 
     coal-derived fuels for crude oil-derived fuels.
       ``(4) Reports.--The Administrator of the Environmental 
     Protection Agency shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives--
       ``(A) not later than 180 days after the date of enactment 
     of this section, an interim report on actions taken to carry 
     out this subsection; and
       ``(B) not later than 1 year after the date of enactment of 
     this section, a final report on actions taken to carry out 
     this subsection.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.

     ``SEC. 3106. CLEAN COAL-DERIVED FUEL FEASIBILITY STUDY.

       ``(a) In General.--The Secretary, acting through the 
     Director of the National Energy Technology Laboratory and the 
     Administrator of the Energy Information Administration, shall 
     conduct a study to assess the technology, trends, benefits, 
     and costs associated with the production and consumption of 
     coal-derived fuels in the United States.
       ``(b) Requirements.--In conducting the study under 
     subsection (a), the Secretary shall--
       ``(1) conduct an assessment of--
       ``(A) the inputs required per unit of coal-derived fuel;
       ``(B) the feasibility of attaining an annual production of 
     coal-derived fuels of a rate of

[[Page 16696]]

     not less than 6,000,000,000 gallons of coal-derived fuels per 
     year; and
       ``(C) the estimated quantity of commercially recoverable 
     coal reserves in the United States; and
       ``(2) make a determination relating to the extent to which, 
     and the timetable required within which, coal-derived fuels 
     could feasibly and cost-effectively be expected to offset 
     consumption of petroleum-based fuels in the United States.
       ``(c) Report.--Not later than 180 days after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report that describes the results of the study.''.
       (b) Conforming Amendment.--The table of contents of the 
     Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended 
     by adding at the end of the items relating to title XXXI the 
     following:

``Sec. 3105. Coal innovation direct loan program.
``Sec. 3106. Clean coal-derived fuel feasibility study.''.
                                 ______
                                 
  SA 1782. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III, insert the following:

     SEC. __. ELECTRICITY PRODUCTION DIRECT LOAN PROGRAM.

       (a) In General.--Title XXXI of the Energy Policy Act of 
     1992 (42 U.S.C. 13571 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 3105. ELECTRICITY PRODUCTION DIRECT LOAN PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Carbon capture.--The term `carbon capture' means the 
     capture, separation, and compression of carbon dioxide from a 
     unit prior to transportation of the carbon dioxide to a long-
     term storage site.
       ``(2) Eligible project.--The term `eligible project' means 
     a project carried out to produce electricity through the use 
     of at least 75 percent coal as a feedstock--
       ``(A) for which technology is employed, on a unit of at 
     least 400 megawatts, for carbon capture of at least 85 
     percent of the carbon dioxide produced by the unit;
       ``(B) that is subject to an enforceable agreement between 
     the individual or entity and the Secretary for full 
     deployment of best available carbon capture technology at the 
     facility, which will capture not less than 85 percent of 
     carbon dioxide emitted at the facility, within 10 years of 
     the placed-in-service date;
       ``(C) for which, in the opinion of the Secretary, 
     sufficient commitments have been secured to achieve long-term 
     storage of all captured carbon dioxide beginning on the 
     placed-in-service date;
       ``(D) that--
       ``(i) consists of 1 or more electric generation units at 1 
     site; and
       ``(ii) will have a total name plate generating capacity of 
     at least 400 megawatts;
       ``(E) for which the applicant provides evidence that a 
     majority of the output of the project is reasonably expected 
     to be acquired or used;
       ``(F) for which the applicant provides evidence of 
     ownership or control of a site of sufficient size to allow 
     the proposed project to be constructed and to operate on a 
     long-term basis; and
       ``(G) that will be located in the United States.
       ``(3) Long-term storage.--The term `long-term storage' 
     means sequestration with an expected maximum rate of carbon 
     dioxide leakage over a specified period of time that is--
       ``(A) consistent with the objective of reducing atmospheric 
     concentrations of carbon dioxide; and
       ``(B) subject to a permit issued pursuant to applicable 
     Federal law.
       ``(4) Sequestration.--The term `sequestration' means the 
     placement of carbon dioxide in a geological formation, which 
     may include, to the extent consistent with the achievement of 
     long-term storage of the carbon dioxide--
       ``(A) an operating oil and gas field;
       ``(B) coal bed methane recovery;
       ``(C) a depleted oil and gas field;
       ``(D) an unmineable coal seam;
       ``(E) a deep saline formation; and
       ``(F) a deep geological systems containing basalt 
     formations.
       ``(b) Program.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and subject to the availability of 
     appropriations, the Secretary shall carry out a program to 
     provide a total of not more than $5,000,000,000 in loans to 
     eligible individuals and entities (as determined by the 
     Secretary) for use in carrying out eligible projects.
       ``(2) Application.--An applicant for a loan under this 
     section shall comply with the terms and conditions in section 
     215(b)(3) of the Renewable Fuels, Consumer Protection, and 
     Energy Efficiency Act of 2007 in the same manner in which 
     applicants for renewable energy construction grants under 
     that section are required to comply with those terms and 
     conditions.
       ``(3) Selection of eligible projects.--The Secretary shall 
     select eligible projects to receive loans under this 
     section--
       ``(A) through the conduct of a reverse auction, in which 
     eligible projects proposed to be carried out are selected 
     because the eligible projects have--
       ``(i) the lowest ratio of emitted carbon dioxide (excluding 
     carbon dioxide captured and sequestered) to produced 
     electricity, as calculated based on units of carbon dioxide 
     emitted per megawatt-hour of electricity produced prior to 
     sequestration;
       ``(ii) the highest net efficiency, as calculated by 
     dividing the net generation of electricity of the project, in 
     megawatt-hours, by all fuel input, in British thermal units--

       ``(I) as adjusted to take into account the proposed site 
     elevation and temperature of the project; and
       ``(II) not including any reduction in electricity 
     generation resulting from carbon dioxide capture or 
     sequestration; and

       ``(iii) carbon dioxide production, prior to sequestration, 
     of at least 4,000,000 tons per year in a first step in the 
     construction of a scalable project;
       ``(B) that, taken together, would--
       ``(i) represent a variety of geographical regions; and
       ``(ii) use a variety of types of coal; and
       ``(C) by giving additional appropriate consideration to--
       ``(i) the extent to which a project would advance the goals 
     of demonstrating sequestration technology through the 
     availability of multiple viable carbon dioxide sink options;
       ``(ii) the potential of a project to reduce overall 
     emissions of air pollutants through minimized coal 
     transportation impacts;
       ``(iii) the potential of a project to apply the 
     demonstrated technology to other geographical areas and the 
     existing coal generating fleet; and
       ``(iv) the extent to which impacts on surface land and 
     water from the extraction of coal resources would be 
     minimized in carrying out the project.
       ``(4) Use of loan funds.--
       ``(A) In general.--Subject to subparagraph (B), funds from 
     a loan provided under this section may be used to pay up to 
     100 percent of the costs of capital associated with carbon 
     capture and sequestration (including air separation, boiler, 
     or gasifier technology to facilitate capture, carbon dioxide 
     capture, conditioning, and compression) carried out as part 
     of an eligible project.
       ``(B) Total project cost.--Funds from a loan provided under 
     this section may not be used to pay more than 50 percent of 
     the total cost of an eligible project.
       ``(5) Rates, terms, and repayment of loans.--A loan 
     provided under this section--
       ``(A) shall have a fixed interest rate that, as of the date 
     on which the loan is made, is equal to the cost of funds to 
     the Department of the Treasury for obligations of comparable 
     maturity;
       ``(B) shall have a term equal to the lesser of--
       ``(i) the projected life, in years, of the eligible project 
     to be carried out using funds from the loan, as determined by 
     the Secretary; and
       ``(ii) 25 years from the placed in service date of the 
     facility;
       ``(C) shall not enter repayment before the project placed 
     in service date; and
       ``(D) shall be made on the condition that the Secretary 
     shall be subrogated to the rights of the recipient of the 
     payment as specified in the loan or related agreements, 
     including, as appropriate, the authority (notwithstanding any 
     other provision of law)--
       ``(i) to complete, maintain, operate, lease, or otherwise 
     dispose of any property acquired pursuant to the guarantee or 
     a related agreement; or
       ``(ii) to permit the borrower, pursuant to an agreement 
     with the Secretary, to continue to pursue the purposes of the 
     project, if the Secretary determines the pursuit to be in the 
     public interest.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Conforming Amendment.--The table of contents of the 
     Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended 
     by adding at the end of the items relating to title XXXI the 
     following:

``Sec. 3105. Electricity production direct loan program.''.
                                 ______
                                 
  SA 1783. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in

[[Page 16697]]

clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 206. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING 
                   CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to foreign tax credit, etc.), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

     ``SEC. 30E. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING 
                   CREDIT.

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the sum of--
       ``(1) in the case of a qualified investment of an eligible 
     taxpayer for such taxable year relating to plug-in hybrid 
     electric vehicles or pure electric vehicles, 50 percent of so 
     much of such qualified investment as does not exceed 
     $150,000,000, and
       ``(2) in the case of any other qualified investment of an 
     eligible taxpayer for such taxable year, 35 percent of so 
     much of such qualified investment as does not exceed 
     $50,000,000.
       ``(b) Qualified Investment.--For purposes of this section--
       ``(1) In general.--The qualified investment for any taxable 
     year is equal to the incremental costs incurred during such 
     taxable year--
       ``(A) to re-equip, expand, or establish any manufacturing 
     facility of the eligible taxpayer to produce advanced 
     technology motor vehicles or to produce eligible components,
       ``(B) for engineering integration of such vehicles and 
     components as described in subsection (d), and
       ``(C) for research and development related to advanced 
     technology motor vehicles and eligible components.
       ``(2) Attribution rules.--In the event a facility of the 
     eligible taxpayer produces both advanced technology motor 
     vehicles and conventional motor vehicles, or eligible and 
     non-eligible components, only the qualified investment 
     attributable to production of advanced technology motor 
     vehicles and eligible components shall be taken into account.
       ``(c) Advanced Technology Motor Vehicles and Eligible 
     Components.--For purposes of this section--
       ``(1) Advanced technology motor vehicle.--The term 
     `advanced technology motor vehicle' means--
       ``(A) any new advanced lean burn technology motor vehicle 
     (as defined in section 30B(c)(3)),
       ``(B) any new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3)(A) and determined without regard to any 
     gross vehicle weight rating), or
       ``(C) any new plug-in hybrid electric vehicle.
       ``(2) Plug-in hybrid electric vehicle.--For purposes of 
     this section, the term `plug-in hybrid electric vehicle' 
     means a light-duty, medium-duty, or heavy-duty on-road or 
     nonroad vehicle that is propelled by an internal combustion 
     engine or heat engine and/or an electric motor and energy 
     storage system using (or capable of using)--
       ``(A) any combustible fuel,
       ``(B) an on-board, rechargeable storage device, and
       ``(C) a means of using an off-board source of electricity 
     to operate the vehicle in intermittent or continuous all-
     electric mode.
       ``(3) Eligible components.--The term `eligible component' 
     means any component inherent to any advanced technology motor 
     vehicle, including--
       ``(A) with respect to any gasoline or diesel-electric new 
     qualified hybrid motor vehicle--
       ``(i) electric motor or generator,
       ``(ii) power split device,
       ``(iii) power control unit,
       ``(iv) power controls,
       ``(v) integrated starter generator, or
       ``(vi) battery,
       ``(B) with respect to any hydraulic new qualified hybrid 
     motor vehicle--
       ``(i) hydraulic accumulator vessel,
       ``(ii) hydraulic pump, or
       ``(iii) hydraulic pump-motor assembly,
       ``(C) with respect to any new advanced lean burn technology 
     motor vehicle--
       ``(i) diesel engine,
       ``(ii) turbocharger,
       ``(iii) fuel injection system, or
       ``(iv) after-treatment system, such as a particle filter or 
     NOx absorber, and
       ``(D) with respect to any advanced technology motor 
     vehicle, any other component submitted for approval by the 
     Secretary.
       ``(d) Engineering Integration Costs.--For purposes of 
     subsection (b)(1)(B), costs for engineering integration are 
     costs incurred prior to the market introduction of advanced 
     technology vehicles for engineering tasks related to--
       ``(1) establishing functional, structural, and performance 
     requirements for component and subsystems to meet overall 
     vehicle objectives for a specific application,
       ``(2) designing interfaces for components and subsystems 
     with mating systems within a specific vehicle application,
       ``(3) designing cost effective, efficient, and reliable 
     manufacturing processes to produce components and subsystems 
     for a specific vehicle application, and
       ``(4) validating functionality and performance of 
     components and subsystems for a specific vehicle application.
       ``(e) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means any taxpayer if more than 50 
     percent of its gross receipts for the taxable year is derived 
     from the manufacture of motor vehicles or any component parts 
     of such vehicles.
       ``(f) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(1) the sum of--
       ``(A) the regular tax liability (as defined in section 
     26(b)) for such taxable year, plus
       ``(B) the tax imposed by section 55 for such taxable year 
     and any prior taxable year beginning after 1986 and not taken 
     into account under section 53 for any prior taxable year, 
     over
       ``(2) the sum of the credits allowable under subpart A and 
     sections 27, 30, and 30B for the taxable year.
       ``(g) Reduction in Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this paragraph) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(h) No Double Benefit.--
       ``(1) Coordination with other deductions and credits.--
     Except as provided in paragraph (2), the amount of any 
     deduction or other credit allowable under this chapter for 
     any cost taken into account in determining the amount of the 
     credit under subsection (a) shall be reduced by the amount of 
     such credit attributable to such cost.
       ``(2) Research and development costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any amount described in subsection (b)(1)(C) taken into 
     account in determining the amount of the credit under 
     subsection (a) for any taxable year shall not be taken into 
     account for purposes of determining the credit under section 
     41 for such taxable year.
       ``(B) Costs taken into account in determining base period 
     research expenses.--Any amounts described in subsection 
     (b)(1)(C) taken into account in determining the amount of the 
     credit under subsection (a) for any taxable year which are 
     qualified research expenses (within the meaning of section 
     41(b)) shall be taken into account in determining base period 
     research expenses for purposes of applying section 41 to 
     subsequent taxable years.
       ``(i) Business Carryovers Allowed.--If the credit allowable 
     under subsection (a) for a taxable year exceeds the 
     limitation under subsection (f) for such taxable year, such 
     excess (to the extent of the credit allowable with respect to 
     property subject to the allowance for depreciation) shall be 
     allowed as a credit carryback and carryforward under rules 
     similar to the rules of section 39.
       ``(j) Special Rules.--For purposes of this section, rules 
     similar to the rules of paragraphs (4) and (5) of section 
     179A(e) and paragraphs (1) and (2) of section 41(f) shall 
     apply
       ``(k) Election Not to Take Credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(l) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(m) Termination.--This section shall not apply to any 
     qualified investment after December 31, 2015.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a), as amended by this Act, is amended by 
     striking ``and'' at the end of paragraph (36), by striking 
     the period at the end of paragraph (37) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(38) to the extent provided in section 30E(g).''.
       (2) Section 6501(m), as amended by this Act, is amended by 
     inserting ``30E(k),'' after ``30D(e)(9),''.
       (3) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 30C the 
     following new item:

``Sec. 30E. Advanced technology motor vehicles manufacturing credit.''.

    (c) Effective Date.--The amendments made by this section shall 
apply to amounts incurred in taxable years beginning after December 31, 
2006.
                                 ______
                                 
  SA 1784. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in

[[Page 16698]]

clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 87, between lines 9 and 10, insert the following:

       (c) Special Rule for Model Year 2009 Motor Vehicles.--
     Section 30B(c) is amended by adding at the end the following 
     new paragraph:
       ``(5) Special rule for 2009 model year vehicles.--In the 
     case of any motor vehicle which is manufactured in model year 
     2009--
       ``(A) paragraph (3)(A)(iv)(I) shall be applied by 
     substituting `the Bin 8 Tier II emission standard' for `the 
     Bin 5 Tier II emission standard', and
       ``(B) in applying this subsection to any motor vehicle 
     which is a new advanced lean burn technology motor vehicle by 
     reason of subparagraph (A), the amount of the credit allowed 
     under this subsection shall be an amount equal to 75 percent 
     of the amount which would be otherwise so allowed, determined 
     without regard to this subparagraph.''.
                                 ______
                                 
  SA 1785. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 87, between lines 9 and 10, insert the following:

       (c) Special Rule for Model Year 2009 Motor Vehicles.--
     Section 30B(c) is amended by adding at the end the following 
     new paragraph:
       ``(5) Special rule for 2009 model year vehicles.--In the 
     case of any motor vehicle which is manufactured in model year 
     2009--
       ``(A) paragraph (3)(A)(iv)(I) shall be applied by 
     substituting `the Bin 8 Tier II emission standard' for `the 
     Bin 5 Tier II emission standard', and
       ``(B) in applying this subsection to any motor vehicle 
     which is a new advanced lean burn technology motor vehicle by 
     reason of subparagraph (A), the amount of the credit allowed 
     under this subsection shall be an amount equal to 50 percent 
     of the amount which would be otherwise so allowed, determined 
     without regard to this subparagraph.''.
                                 ______
                                 
  SA 1786. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to 
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. SENSE OF THE SENATE ON ADDRESSING THE RISKS POSED 
                   BY GLOBAL CLIMATE CHANGE.

       (a) Findings.--The Senate finds the following:
       (1) There is a scientific consensus, as established by the 
     Intergovernmental Panel on Climate Change and confirmed by 
     the National Academy of Sciences, that the continued buildup 
     of anthropogenic greenhouse gases in the atmosphere threatens 
     the stability of the global climate.
       (2) There are significant long-term risks to the economy 
     and the environment of the United States from the temperature 
     increases and climatic disruptions that are projected to 
     result from increased greenhouse gas concentrations.
       (3) The potential impacts of global climate change, 
     including long-term drought, famine, mass migration, and 
     abrupt climatic shifts, may lead to international tensions 
     and instability in regions affected and, therefore, have 
     implications for the national security interests of the 
     United States.
       (4) The United States has the largest economy in the world 
     and is also the largest emitter of greenhouse gases.
       (5) The greenhouse gas emissions of the United States are 
     projected to continue to rise.
       (6) The greenhouse gas emissions of developing countries 
     are rising more rapidly than the emissions of the United 
     States and will soon surpass the greenhouse gas emissions of 
     the United States and other developed countries.
       (7) Reducing greenhouse gas emissions to the levels 
     necessary to avoid serious climatic disruption requires the 
     introduction of new energy technologies and other climate-
     friendly technologies, the use of which results in low or no 
     emissions of greenhouse gases or in the capture and storage 
     of greenhouse gases.
       (8) The development and sale of climate-friendly 
     technologies in the United States and internationally present 
     economic opportunities for workers and businesses in the 
     United States.
       (9) Climate-friendly technologies can improve air quality 
     by reducing harmful pollutants from stationary and mobile 
     sources and can enhance energy security by reducing reliance 
     on imported oil, diversifying energy sources, and reducing 
     the vulnerability of energy delivery infrastructure.
       (10) Other industrialized countries are undertaking 
     measures to reduce greenhouse gas emissions, which provide 
     the industries in those countries with a competitive 
     advantage in the growing global market for climate-friendly 
     technologies.
       (11) Efforts to limit emissions growth in developing 
     countries in a manner that is consistent with the development 
     needs of those countries could establish significant markets 
     for climate-friendly technologies and contribute to 
     international efforts to address climate change.
       (12) The United States Climate Change Science Program 
     launched by President George W. Bush concluded in April 2006 
     that there is no longer a discrepancy between the rates of 
     global average temperature increase observed at the Earth's 
     surface and in the atmosphere, strengthening the scientific 
     evidence that human activity contributes significantly to 
     global temperature increases.
       (13) President Bush, in the State of the Union Address 
     given in January 2006, called on the United States to reduce 
     its ``addiction'' to oil and focus its attention on 
     developing cleaner, renewable, and sustainable energy 
     sources.
       (14) President Bush has launched the Asia-Pacific 
     Partnership on Clean Development and Climate to cooperatively 
     develop new and cleaner energy technologies and promote their 
     use in fast-developing nations like India and China.
       (15) The national security of the United States will 
     increasingly depend on the deployment of diplomatic, 
     military, scientific, and economic resources toward solving 
     the problem of the overreliance of the United States and the 
     world on high-carbon energy.
       (16) As documented in recent studies, a failure to 
     recognize, plan for, and mitigate the strategic, social, 
     political, and economic effects of a changing climate will 
     have an adverse impact on the national security interests of 
     the United States.
       (17) The United States is a party to the United Nations 
     Framework Convention on Climate Change, done at New York May 
     9, 1992, and entered into force in 1994 (hereinafter referred 
     to as the ``Convention'').
       (18) At the December 2005 United Nations Climate Change 
     Conference in Montreal, Canada, parties to the Convention, 
     with the concurrence of the United States, initiated a new 
     dialogue on long-term cooperative action to address climate 
     change.
       (19) The Convention sets a long-term objective of 
     stabilizing greenhouse gas concentrations in the atmosphere 
     at a level that would prevent dangerous anthropogenic 
     interference with the climate system.
       (20) The Convention establishes that parties bear common 
     but differentiated responsibilities for efforts to achieve 
     the objective of stabilizing greenhouse gas concentrations.
       (21) An effective global effort to address climate change 
     must provide for commitments and action by all countries that 
     are major emitters of greenhouse gases, developed and 
     developing alike, and the widely varying circumstances among 
     the developed and developing countries may require that such 
     commitments and action vary.
       (22) The United States has the capability to lead the 
     effort to counter global climate change.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States should act to reduce the health, 
     environmental, economic, and national security risks posed by 
     global climate change and foster sustained economic growth 
     through a new generation of technologies, by--
       (1) participating in negotiations under the United Nations 
     Framework Convention on Climate Change, done at New York May 
     9, 1992, and entered into force in 1994, and leading efforts 
     in other international fora, with the objective of securing 
     United States participation in binding agreements that--
       (A) advance and protect the economic and national security 
     interests of the United States;
       (B) establish mitigation commitments by all countries that 
     are major emitters of greenhouse gases, consistent with the 
     principle of common but differentiated responsibilities;

[[Page 16699]]

       (C) establish flexible international mechanisms to minimize 
     the cost of efforts by participating countries; and
       (D) achieve a significant long-term reduction in global 
     greenhouse gas emissions; and
       (2) establishing a bipartisan Senate observer group, the 
     members of which shall be designated by the Majority Leader 
     and the Minority Leader of the Senate and shall represent the 
     appropriate congressional committees of oversight, to--
       (A) monitor any international negotiations on climate 
     change; and
       (B) ensure that the advice and consent function of the 
     Senate is exercised in a manner to facilitate timely 
     consideration of any applicable treaty submitted to the 
     Senate.
                                 ______
                                 
  SA 1787. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to 
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. SENSE OF THE SENATE ON ADDRESSING THE RISKS POSED 
                   BY GLOBAL CLIMATE CHANGE.

       (a) Findings.--The Senate finds the following:
       (1) There is a scientific consensus, as established by the 
     Intergovernmental Panel on Climate Change and confirmed by 
     the National Academy of Sciences, that the continued buildup 
     of anthropogenic greenhouse gases in the atmosphere threatens 
     the stability of the global climate.
       (2) There are significant long-term risks to the economy 
     and the environment of the United States from the temperature 
     increases and climatic disruptions that are projected to 
     result from increased greenhouse gas concentrations.
       (3) The potential impacts of global climate change, 
     including long-term drought, famine, mass migration, and 
     abrupt climatic shifts, may lead to international tensions 
     and instability in regions affected and, therefore, have 
     implications for the national security interests of the 
     United States.
       (4) The United States has the largest economy in the world 
     and is also the largest emitter of greenhouse gases.
       (5) The greenhouse gas emissions of the United States are 
     projected to continue to rise.
       (6) The greenhouse gas emissions of developing countries 
     are rising more rapidly than the emissions of the United 
     States and will soon surpass the greenhouse gas emissions of 
     the United States and other developed countries.
       (7) Reducing greenhouse gas emissions to the levels 
     necessary to avoid serious climatic disruption requires the 
     introduction of new energy technologies and other climate-
     friendly technologies, the use of which results in low or no 
     emissions of greenhouse gases or in the capture and storage 
     of greenhouse gases.
       (8) The development and sale of climate-friendly 
     technologies in the United States and internationally present 
     economic opportunities for workers and businesses in the 
     United States.
       (9) Climate-friendly technologies can improve air quality 
     by reducing harmful pollutants from stationary and mobile 
     sources and can enhance energy security by reducing reliance 
     on imported oil, diversifying energy sources, and reducing 
     the vulnerability of energy delivery infrastructure.
       (10) Other industrialized countries are undertaking 
     measures to reduce greenhouse gas emissions, which provide 
     the industries in those countries with a competitive 
     advantage in the growing global market for climate-friendly 
     technologies.
       (11) Efforts to limit emissions growth in developing 
     countries in a manner that is consistent with the development 
     needs of those countries could establish significant markets 
     for climate-friendly technologies and contribute to 
     international efforts to address climate change.
       (12) The United States Climate Change Science Program 
     launched by President George W. Bush concluded in April 2006 
     that there is no longer a discrepancy between the rates of 
     global average temperature increase observed at the Earth's 
     surface and in the atmosphere, strengthening the scientific 
     evidence that human activity contributes significantly to 
     global temperature increases.
       (13) President Bush, in the State of the Union Address 
     given in January 2006, called on the United States to reduce 
     its ``addiction'' to oil and focus its attention on 
     developing cleaner, renewable, and sustainable energy 
     sources.
       (14) President Bush has launched the Asia-Pacific 
     Partnership on Clean Development and Climate to cooperatively 
     develop new and cleaner energy technologies and promote their 
     use in fast-developing nations like India and China.
       (15) The national security of the United States will 
     increasingly depend on the deployment of diplomatic, 
     military, scientific, and economic resources toward solving 
     the problem of the overreliance of the United States and the 
     world on high-carbon energy.
       (16) The United States is a party to the United Nations 
     Framework Convention on Climate Change, done at New York May 
     9, 1992, and entered into force in 1994 (hereinafter referred 
     to as the ``Convention'').
       (17) At the December 2005 United Nations Climate Change 
     Conference in Montreal, Canada, parties to the Convention, 
     with the concurrence of the United States, initiated a new 
     dialogue on long-term cooperative action to address climate 
     change.
       (18) The Convention sets a long-term objective of 
     stabilizing greenhouse gas concentrations in the atmosphere 
     at a level that would prevent dangerous anthropogenic 
     interference with the climate system.
       (19) The Convention establishes that parties bear common 
     but differentiated responsibilities for efforts to achieve 
     the objective of stabilizing greenhouse gas concentrations.
       (20) An effective global effort to address climate change 
     must provide for commitments and action by all countries that 
     are major emitters of greenhouse gases, developed and 
     developing alike, and the widely varying circumstances among 
     the developed and developing countries may require that such 
     commitments and action vary.
       (21) The United States has the capability to lead the 
     effort to counter global climate change.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States should act to reduce the health, 
     environmental, economic, and national security risks posed by 
     global climate change and foster sustained economic growth 
     through a new generation of technologies, by--
       (1) participating in negotiations under the United Nations 
     Framework Convention on Climate Change, done at New York May 
     9, 1992, and entered into force in 1994, and leading efforts 
     in other international fora, with the objective of securing 
     United States participation in binding agreements that--
       (A) advance and protect the economic and national security 
     interests of the United States;
       (B) establish mitigation commitments by all countries that 
     are major emitters of greenhouse gases, consistent with the 
     principle of common but differentiated responsibilities;
       (C) establish flexible international mechanisms to minimize 
     the cost of efforts by participating countries; and
       (D) achieve a significant long-term reduction in global 
     greenhouse gas emissions; and
       (2) establishing a bipartisan Senate observer group, the 
     members of which shall be designated by the Majority Leader 
     and the Minority Leader of the Senate and shall represent the 
     appropriate congressional committees of oversight, to--
       (A) monitor any international negotiations on climate 
     change; and
       (B) ensure that the advice and consent function of the 
     Senate is exercised in a manner to facilitate timely 
     consideration of any applicable treaty submitted to the 
     Senate.
                                 ______
                                 
  SA 1788. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr. 
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment 
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to 
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 240, beginning in line 15, strike ``a 
     manufacturer'' and insert ``manufacturers''.
       On page 241, beginning in line 16, strike ``at least 4 
     percent greater than the'' and insert ``the maximum 
     feasible''.
       On page 241, beginning in line 17, strike ``required to be 
     attained for the fleet in the previous model year (rounded to 
     the nearest \1/10\ mile per gallon).'' and insert ``for the 
     fleet.''.
       On page 243, beginning in line 18, strike ``and based on 
     the results of that study,'' and insert ``by regulation,''.
       On page 243, line 22, strike ``and, as appropriate, shall 
     adopt'' and insert ``designed to achieve the maximum feasible 
     improvement, and shall adopt appropriate''.
       On page 243, line 23, strike ``efficiency'' and insert 
     ``economy''.
       On page 244, line 12, strike ``a commercial'' and insert 
     ``an''.
       On page 244, line 14, strike ``10,000 pounds.'' and insert 
     ``8,500 pounds, and that, in the case of a vehicle with a 
     gross vehicle weight rating of less than 10,000 pounds, is 
     not an automobile.''.
       On page 244, beginning with line 20, strike through line 5 
     on page 245, and insert the following:

[[Page 16700]]

       ``(1) Vehicle attributes; model years covered.--The 
     Secretary shall--
       ``(A) prescribe by regulation average fuel economy 
     standards for automobiles based on vehicle attributes related 
     to fuel economy and to express the standards in the form of a 
     mathematical function; and
       ``(B) issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       On page 245, beginning with line 17, strike through line 8 
     on page 247 and insert the following:
       ``(c) Amending Fuel Economy Standards.--Notwithstanding 
     subsections (a) and (b), the Secretary of Transportation--
       ``(1) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(2) may prescribe an average fuel economy standard for 
     automobiles that is the maximum feasible level for the model 
     year, despite being lower than the standard required under 
     subsection (b), if the Secretary determines, based on clear 
     and convincing evidence, that the average fuel economy 
     standard prescribed in accordance with subsections (a) and 
     (b) for automobiles in that model year is shown not to be 
     cost-effective.''.
       On page 251, between lines 13 and 14, insert the following:
       (e) Alternative Fuel Economy Standards for Low Volume 
     Manufacturers and New Entrants.--Section 32902(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon the application of an eligible 
     manufacturer, the Secretary of Transportation may prescribe 
     an alternative average fuel economy standard for automobiles 
     manufactured by that manufacturer if the Secretary determines 
     that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.5 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.''.
       On page 251, line 14, strike ``(e)'' and insert ``(f)''.
       On page 253, beginning in line 15, strike ``and 
     aggressivity reduction''.
       On page 253, line 19, strike ``incompatibility and 
     aggressivity.'' and insert ``incompatibility.''.
       On page 254, in the matter appearing between lines 20 and 
     21, strike ``and aggressivity reduction''.
       On page 259, line 9, after ``automobile'' insert ``and 
     medium-duty and heavy-duty truck''.
       On page 259, line 11, after ``automotive'' insert ``and 
     medium-duty and heavy-duty truck''.
       On page 261, beginning with line 5, strike through line 8 
     on page 263.
       On page 263, line 9, strike ``SEC. 512.'' and insert ``SEC. 
     511.''.
       On page 264, line 18, strike ``SEC. 513.'' and insert 
     ``SEC. 512.''.
       On page 265, line 11, strike ``SEC. 514.'' and insert 
     ``SEC. 513.''.
       On page 268, line 14, strike ``SEC. 515.'' and insert 
     ``SEC. 514.''.
       On page 269, line 17, insert ``and'' after the semicolon.
       On page 269, strike lines 18 through 20.
       On page 269, line 21, strike ``(iii)'' and insert ``(ii)''.
       On page 270, line 17, strike ``SEC. 516.'' and insert 
     ``SEC. 515.''.
       On page 272, line 10, strike ``SEC. 517.'' and insert 
     ``SEC. 516.''.
       On page 273, line 6, strike ``518(a)'' and insert 
     ``517(a)''.
       On page 273, line 7, strike ``SEC. 518.'' and insert ``SEC. 
     517.''.
       On page 276, line 20, strike ``SEC. 519.'' and insert 
     ``SEC. 518.''.
       On page 277, line 1, strike ``SEC. 520.'' and insert ``SEC. 
     519.''.
                                 ______
                                 
  SA 1789. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 37, strike line 24 and all that follows 
     through page 38, line 3, and insert the following:
       ``(2) Requirements.--
       (A) In general.--A project under this subsection shall 
     employ new or significantly improved technologies for the 
     production of renewable fuels as compared to commercial 
     technologies in service in the United States on the date on 
     which the guarantee is issued.
       (B) New or significantly improved technologies.--To be 
     considered a new or significantly improved technology under 
     subparagraph (A), the technology shall have the potential, 
     not later than 15 years after the date on which the guarantee 
     is issued--
       (i) to achieve scalability with an annual rate of 
     production equal to a rate of not less than 15,000,000,000 
     gallons of conventional biofuels per year; and
       (ii) to be competitive with respect to the cost of 
     conventional biofuels.
                                 ______
                                 
  SA 1790. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 7, line 13, strike ``and'' at the end.
       On page 7, line 16, strike the period at the end and insert 
     ``; and''.
       On page 7, between lines 16 and 17, insert the following:
       (vii) cellulosic biofuel, including any liquid 
     transportation fuel that is derived from any lignocellulosic 
     or hemicellulosic matter (other than food starch) that is 
     available on a renewable or recurring basis.
                                 ______
                                 
  SA 1791. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 69, after line 20, insert the following:
       (2) Clarification of definition.--Paragraph (3) of section 
     40A(f) is amended--
       (A) by striking ``thermal depolymerization process'' and 
     inserting ``thermal chemical process'',
       (B) by inserting ``, if applicable'' after ``(42 U.S.C. 
     7545)'' in subparagraph (A), and
       (C) by inserting ``or such other applicable standards as 
     may be issued by the American Society of Testing and 
     Materials that apply to a final mixture or product'' after 
     ``D975 or D396'' in subparagraph (B).
                                 ______
                                 
  SA 1792. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr. 
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment 
intended to be proposed to amendment

[[Page 16701]]

SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 239, beginning with line 16, strike through line 5 
     on page 277 and insert the following:

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Ten-in-Ten Fuel Economy 
     Act''.

     SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND 
                   CERTAIN OTHER VEHICLES.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in 
     subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY 
     REGULATION.--'';
       (2) by striking ``(except passenger automobiles)'' in 
     subsection (a); and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Automobiles and Certain Other 
     Vehicles.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for--
       ``(A) automobiles manufactured by manufacturers in each 
     model year beginning with model year 2011 in accordance with 
     subsection (c); and
       ``(B) commercial medium-duty or heavy-duty on-highway 
     vehicles in accordance with subsection (k).
       ``(2) Fuel economy target for automobiles.--
       ``(A) Automobile fuel economy average for model years 2011 
     through 2020.--The Secretary shall prescribe average fuel 
     economy standards for automobiles in each model year 
     beginning with model year 2011 to achieve a combined fuel 
     economy average for model year 2020 of at least 35 miles per 
     gallon for the fleet of automobiles manufactured or sold in 
     the United States. The average fuel economy standards 
     prescribed by the Secretary shall be the maximum feasible 
     average fuel economy standards for model years 2011 through 
     2019.
       ``(B) Automobile fuel economy average for model years 2021 
     through 2030.--For model years 2021 through 2030, the average 
     fuel economy required to be attained by the fleet of 
     automobiles manufactured or sold in the United States shall 
     be the maximum feasible average fuel economy standard for the 
     fleet.
       ``(C) Progress toward standard required.--In prescribing 
     average fuel economy standards under subparagraph (A), the 
     Secretary shall prescribe annual fuel economy standard 
     increases that increase the applicable average fuel economy 
     standard ratably beginning with model year 2011 and ending 
     with model year 2020.''.
       (b) Fuel Economy Target for Commercial Medium-Duty and 
     Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(k) Commercial Medium- and Heavy-Duty On-Highway 
     Vehicles.--
       ``(1) Study.--No later than 18 months after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 
     of Transportation, in consultation with the Secretary of 
     Energy and the Administrator of the Environmental Protection 
     Agency, shall examine the fuel efficiency of commercial 
     medium- and heavy-duty on-highway vehicles and determine--
       ``(A) the appropriate test procedures and methodologies for 
     measuring commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency;
       ``(B) the appropriate metric for measuring and expressing 
     commercial medium- and heavy-duty on-highway vehicle fuel 
     efficiency performance, taking into consideration, among 
     other things, the work performed by such on-highway vehicles 
     and types of operations in which they are used;
       ``(C) the range of factors, including, without limitation, 
     design, functionality, use, duty cycle, infrastructure, and 
     total overall energy consumption and operating costs that 
     effect commercial medium- and heavy-duty on-highway vehicle 
     fuel efficiency; and
       ``(D) such other factors and conditions that could have an 
     impact on a program to improve commercial medium- and heavy-
     duty on-highway vehicle fuel efficiency.
       ``(2) Rulemaking.--No later than 24 months after completion 
     of the study required by paragraph (1), the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, by 
     regulation, shall determine in a rulemaking procedure how to 
     implement a commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency improvement program designed to 
     achieve the maximum feasible improvement, and shall adopt 
     appropriate test methods, measurement metrics, fuel economy 
     standards, and compliance and enforcement protocols that are 
     appropriate, cost-effective, and technologically feasible for 
     commercial medium- and heavy-duty on-highway vehicles.
       ``(3) Lead-time; regulatory stability.--Any commercial 
     medium- and heavy-duty on-highway vehicle fuel efficiency 
     regulatory program adopted pursuant to this subsection shall 
     provide no less than 4 full model years of regulatory lead-
     time and 3 full model years of regulatory stability.
       ``(4) Commercial medium- and heavy-duty on-highway vehicle 
     defined.--In this subsection, the term `commercial medium- 
     and heavy-duty on-highway vehicle' means an on-highway 
     vehicle with a gross vehicle weight rating of more than 8,500 
     pounds, and that, in the case of a vehicle with a gross 
     vehicle weight rating of less than 10,000 pounds, is not an 
     automobile.''.
       (c) Authority of Secretary.--Section 32902 of title 49, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end thereof the following:
       ``(l) Authority of the Secretary.--
       ``(1) Vehicle attributes; model years covered.--The 
     Secretary shall--
       ``(A) prescribe by regulation average fuel economy 
     standards for automobiles based on vehicle attributes related 
     to fuel economy and to express the standards in the form of a 
     mathematical function; and
       ``(B) issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       ``(2) Prohibition of uniform percentage increase.--When the 
     Secretary prescribes a standard, or prescribes an amendment 
     under this section that changes a standard, the standard may 
     not be expressed as a uniform percentage increase from the 
     fuel-economy performance of attribute classes or categories 
     already achieved in a model year by a manufacturer.''.

     SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

       (a) In General.--Section 32902(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Amending Fuel Economy Standards.--Notwithstanding 
     subsections (a) and (b), the Secretary of Transportation--
       ``(1) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(2) may prescribe an average fuel economy standard for 
     automobiles that is the maximum feasible level for the model 
     year, despite being lower than the standard required under 
     subsection (b), if the Secretary determines, based on clear 
     and convincing evidence, that the average fuel economy 
     standard prescribed in accordance with subsections (a) and 
     (b) for automobiles in that model year is shown not to be 
     cost-effective.''.
       (b) Feasibility Criteria.--Section 32902(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Decisions on Maximum Feasible Average Fuel Economy.--
       ``(1) In general.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary shall 
     consider--
       ``(A) economic practicability;
       ``(B) the effect of other motor vehicle standards of the 
     Government on fuel economy;
       ``(C) environmental impacts; and
       ``(D) the need of the United States to conserve energy.
       ``(2) Limitations.--In setting any standard under 
     subsection (b), (c), or (d), the Secretary shall ensure that 
     each standard is the highest standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States;
       ``(C) is not less than the standard for that class of 
     vehicles from any prior year; and
       ``(D) is cost-effective.
       ``(3) Cost-effective defined.--In this subsection, the term 
     `cost-effective' means that the value to the United States of 
     reduced fuel use from a proposed fuel economy standard is 
     greater than or equal to the cost to the United States of 
     such standard. In determining cost-effectiveness, the 
     Secretary shall give priority to those technologies and 
     packages of technologies that offer the largest reduction in 
     fuel use relative to their costs.
       ``(4) Factors for consideration by secretary in determining 
     cost-effectiveness.--The Secretary shall consult with the 
     Administrator of the Environmental Protection Agency, and may 
     consult with such other departments and agencies as the 
     Secretary deems appropriate, and shall consider in the 
     analysis the following factors:
       ``(A) Economic security.
       ``(B) The impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil and other fuel price changes, including the magnitude of 
     gross domestic product losses in response to short term price 
     shocks or long term price increases.
       ``(C) National security, including the impact of United 
     States payments for oil and other fuel imports on political, 
     economic, and military developments in unstable or unfriendly 
     oil-exporting countries.

[[Page 16702]]

       ``(D) The uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage.
       ``(E) The emissions of pollutants including greenhouse 
     gases over the lifecycle of the fuel and the resulting costs 
     to human health, the economy, and the environment.
       ``(F) Such additional factors as the Secretary deems 
     relevant.
       ``(5) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation shall use as a minimum value the greater of--
       ``(A) the average value of gasoline prices projected by the 
     Energy Information Administration over the period covered by 
     the standard; or
       ``(B) the average value of gasoline prices for the 5-year 
     period immediately preceding the year in which the standard 
     is established.''.
       (c) Consultation Requirement.--Section 32902(i) of title 
     49, United States Code, is amended by inserting ``and the 
     Administrator of the Environmental Protection Agency'' after 
     ``Energy''.
       (d) Comments.--Section 32902(j) of title 49, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting ``(1) Before 
     issuing a notice proposing to prescribe or amend an average 
     fuel economy standard under subsection (b), (c), or (g) of 
     this section, the Secretary of Transportation shall give the 
     Secretary of Energy and Administrator of the Environmental 
     Protection Agency at least 30 days after the receipt of the 
     notice during which the Secretary of Energy and Administrator 
     may, if the Secretary of Energy or Administrator concludes 
     that the proposed standard would adversely affect the 
     conservation goals of the Secretary of Energy or 
     environmental protection goals of the Administrator, provide 
     written comments to the Secretary of Transportation about the 
     impact of the standard on those goals. To the extent the 
     Secretary of Transportation does not revise a proposed 
     standard to take into account comments of the Secretary of 
     Energy or Administrator on any adverse impact of the 
     standard, the Secretary of Transportation shall include those 
     comments in the notice.''; and
       (2) by inserting ``and the Administrator'' after ``Energy'' 
     each place it appears in paragraph (2).
       (e) Alternative Fuel Economy Standards for Low Volume 
     Manufacturers and New Entrants.--Section 32902(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon the application of an eligible 
     manufacturer, the Secretary of Transportation may prescribe 
     an alternative average fuel economy standard for automobiles 
     manufactured by that manufacturer if the Secretary determines 
     that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.5 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.
       (f) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways and rated at not more 
     than 10,000 pounds gross vehicle weight, except--
       ``(A) a vehicle operated only on a rail line;
       ``(B) a vehicle manufactured by 2 or more manufacturers in 
     different stages and less than 10,000 of which are 
     manufactured per year; or
       ``(C) a work truck.''; and
       (2) by adding at the end the following:
       ``(17) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium-duty passenger vehicle (as defined in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations).''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility. The standard shall address characteristics 
     necessary to ensure better management of crash forces in 
     multiple vehicle frontal and side impact crashes between 
     different types, sizes, and weights of automobiles with a 
     gross vehicle weight of 10,000 pounds or less in order to 
     decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (b) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2012; and
       (B) a final rule under such section not later than December 
     31, 2014.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2018.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in subsection 
     (a)(2) and inserting ``5 consecutive model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits

[[Page 16703]]

     to be sold to manufacturers whose automobiles fail to achieve 
     the prescribed standards such that the total oil savings 
     associated with manufacturers that exceed the prescribed 
     standards are preserved when transferring credits to 
     manufacturers that fail to achieve the prescribed 
     standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile 
     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile and medium-duty 
     and heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive and medium-duty and heavy-duty 
     truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.

     SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL 
                   AUTOMOBILES.

       Section 32908 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(g) Increasing Consumer Awareness of Flexible Fuel 
     Automobiles.--(1) The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall prescribe 
     regulations that require the manufacturer of automobiles 
     distributed in interstate commerce for sale in the United 
     States--
       ``(A) to prominently display a permanent badge or emblem on 
     the quarter panel or tailgate of each such automobile that 
     indicates such vehicle is capable of operating on alternative 
     fuel; and
       ``(B) to include information in the owner's manual of each 
     such automobile information that describes--
       ``(i) the capability of the automobile to operate using 
     alternative fuel;
       ``(ii) the benefits of using alternative fuel, including 
     the renewable nature, and the environmental benefits of using 
     alternative fuel; and
       ``(C) to contain a fuel tank cap that is clearly labeled to 
     inform consumers that the automobile is capable of operating 
     on alternative fuel.
       ``(2) The Secretary of Transportation shall collaborate 
     with automobile retailers to develop voluntary methods for 
     providing prospective purchasers of automobiles with 
     information regarding the benefits of using alternative fuel 
     in automobiles, including--
       ``(A) the renewable nature of alternative fuel; and
       ``(B) the environmental benefits of using alternative 
     fuel.''.

     SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 
                   LABELING PROCEDURES.

       Beginning in December, 2009, and not less often than every 
     5 years thereafter, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation, shall--
       (1) reevaluate the fuel economy labeling procedures 
     described in the final rule published in the Federal Register 
     on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 
     and 600) to determine whether changes in the factors used to 
     establish the labeling procedures warrant a revision of that 
     process; and
       (2) submit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce that describes the results 
     of the reevaluation process.

     SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by inserting after section 30123 the 
     following new section:

     ``Sec. 30123A. Tire fuel efficiency consumer information

       ``(a) Rulemaking.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Ten-in-Ten Fuel Economy Act, the 
     Secretary of Transportation shall, after notice and 
     opportunity for comment, promulgate rules establishing a 
     national tire fuel efficiency consumer information program 
     for tires designed for use on motor vehicles to educate 
     consumers about the effect of tires on automobile fuel 
     efficiency.
       ``(2) Items included in rule.--The rulemaking shall 
     include--
       ``(A) a national tire fuel efficiency rating system for 
     motor vehicle tires to assist consumers in making more 
     educated tire purchasing decisions;
       ``(B) requirements for providing information to consumers, 
     including information at the point of sale and other 
     potential information dissemination methods, including the 
     Internet;
       ``(C) specifications for test methods for manufacturers to 
     use in assessing and rating tires to avoid variation among 
     test equipment and manufacturers; and
       ``(D) a national tire maintenance consumer education 
     program including, information on tire inflation pressure, 
     alignment, rotation, and tread wear to maximize fuel 
     efficiency.

[[Page 16704]]

       ``(3) Applicability.--This section shall not apply to tires 
     excluded from coverage under section 575.104(c)(2) of title 
     49, Code of Federal Regulations, as in effect on date of 
     enactment of the Ten-in-Ten Fuel Economy Act.
       ``(b) Consultation.--The Secretary shall consult with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency on the means of conveying 
     tire fuel efficiency consumer information.
       ``(c) Report to Congress.--The Secretary shall conduct 
     periodic assessments of the rules promulgated under this 
     section to determine the utility of such rules to consumers, 
     the level of cooperation by industry, and the contribution to 
     national goals pertaining to energy consumption. The 
     Secretary shall transmit periodic reports detailing the 
     findings of such assessments to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce.
       ``(d) Tire Marking.--The Secretary shall not require 
     permanent labeling of any kind on a tire for the purpose of 
     tire fuel efficiency information.
       ``(e) Preemption.--When a requirement under this section is 
     in effect, a State or political subdivision of a State may 
     adopt or enforce a law or regulation on tire fuel efficiency 
     consumer information only if the law or regulation is 
     identical to that requirement. Nothing in this section shall 
     be construed to preempt a State or political subdivision of a 
     State from regulating the fuel efficiency of tires not 
     otherwise preempted under this chapter.''.
       (b) Enforcement.--Section 30165(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(4) Section 30123a.--Any person who fails to comply with 
     the national tire fuel efficiency consumer information 
     program under section 30123A is liable to the United States 
     Government for a civil penalty of not more than $50,000 for 
     each violation.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 of title 49, United States Code, is amended by inserting 
     after the item relating to section 30123 the following:

``30123A. Tire fuel efficiency consumer information''.

     SEC. 514. ADVANCED BATTERY INITIATIVE.

       (a) In General.--The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall establish and 
     carry out an Advanced Battery Initiative in accordance with 
     this section to support research, development, demonstration, 
     and commercial application of battery technologies.
       (b) Industry Alliance.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall 
     competitively select an Industry Alliance to represent 
     participants who are private, for-profit firms headquartered 
     in the United States, the primary business of which is the 
     manufacturing of batteries.
       (c) Research.--
       (1) Grants.--The Secretary shall carry out research 
     activities of the Initiative through competitively-awarded 
     grants to--
       (A) researchers, including Industry Alliance participants;
       (B) small businesses;
       (C) National Laboratories; and
       (D) institutions of higher education.
       (2) Industry alliance.--The Secretary shall annually 
     solicit from the Industry Alliance--
       (A) comments to identify advanced battery technology and 
     battery systems needs relevant to--
       (i) electric drive technology; and
       (ii) other applications the Secretary deems appropriate;
       (B) an assessment of the progress of research activities of 
     the Initiative; and
       (C) assistance in annually updating advanced battery 
     technology and battery systems roadmaps.
       (d) Availability to the Public.--The information and 
     roadmaps developed under this section shall be available to 
     the public.
       (e) Preference.--In making awards under this subsection, 
     the Secretary shall give preference to participants in the 
     Industry Alliance.
       (f) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 120(b) of title 23, United States Code.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2008 through 2012.

     SEC. 515. BIODIESEL STANDARDS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation and the Secretary of Energy, shall promulgate 
     regulations to ensure that all diesel-equivalent fuels 
     derived from renewable biomass that are introduced into 
     interstate commerce are tested and certified to comply with 
     appropriate American Society for Testing and Materials 
     standards.
       (b) Definitions.--In this section:
       (1) Biodiesel.--
       (A) In general.--The term ``biodiesel'' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--
       (i) the registration requirements for fuels and fuel 
     additives established by the Environmental Protection Agency 
     under section 211 of the Clean Air Act (42 U.S.C. 7545); and
       (ii) the requirements of the American Society of Testing 
     and Materials D6751.
       (B) Inclusions.--The term ``biodiesel'' includes esters 
     described in subparagraph (A) derived from--
       (i) animal waste, including poultry fat, poultry waste, and 
     other waste material; and
       (ii) municipal solid waste, sludge, and oil derived from 
     wastewater or the treatment of wastewater.
       (2) Biodiesel blend.--The term ``biodiesel blend'' means a 
     mixture of biodiesel and diesel fuel, including--
       (A) a blend of biodiesel and diesel fuel approximately 5 
     percent of the content of which is biodiesel (commonly known 
     as ``B5''); and
       (B) a blend of biodiesel and diesel fuel approximately 20 
     percent of the content of which is biodiesel (commonly known 
     as ``B20'').

     SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND 
                   DEVELOPMENT.

       Section 32912 of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(e) Use of Civil Penalties.--For fiscal year 2008 and 
     each fiscal year thereafter, from the total amount deposited 
     in the general fund of the Treasury during the preceding 
     fiscal year from fines, penalties, and other funds obtained 
     through enforcement actions conducted pursuant to this 
     section (including funds obtained under consent decrees), the 
     Secretary of the Treasury, subject to the availability of 
     appropriations, shall--
       ``(1) transfer 50 percent of such total amount to the 
     account providing appropriations to the Secretary of 
     Transportation for the administration of this chapter, which 
     shall be used by the Secretary to carry out a program of 
     research and development into fuel saving automotive 
     technologies and to support rulemaking under this chapter; 
     and
       ``(2) transfer 50 percent of such total amount to the 
     Energy Security Fund established by section 517(a) of the 
     Ten-in-Ten Fuel Economy Act.''.

     SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT 
                   PROGRAM.

       (a) Establishment of Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Energy Security Fund'' (referred 
     to in this section as the ``Fund''), consisting of--
       (A) amounts transferred to the Fund under section 
     32912(e)(2) of title 49, United States Code; and
       (B) amounts credited to the Fund under paragraph (2)(C).
       (2) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     in interest-bearing obligations of the United States such 
     portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (C) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund in 
     accordance with section 9602 of the Internal Revenue Code of 
     1986.
       (3) Use of amounts in fund.--Amounts in the Fund shall be 
     made available to the Secretary of Energy, subject to the 
     availability of appropriations, to carry out the grant 
     program under subsection (b).
       (b) Alternative Fuels Grant Program.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Energy, acting 
     through the Clean Cities Program of the Department of Energy, 
     shall establish and carry out a program under which the 
     Secretary shall provide grants to expand the availability to 
     consumers of alternative fuels (as defined in section 
     32901(a) of title 49, United States Code).
       (2) Eligibility.--
       (A) In general.--Except as provided in subparagraph (B), 
     any entity that is eligible to receive assistance under the 
     Clean Cities Program shall be eligible to receive a grant 
     under this subsection.
       (B) Exceptions.--
       (i) Certain oil companies.--A large, vertically-integrated 
     oil company shall not be eligible to receive a grant under 
     this subsection.
       (ii) Prohibition of dual benefits.--An entity that receives 
     any other Federal funds for the construction or expansion of 
     alternative refueling infrastructure shall not be eligible to 
     receive a grant under this subsection for the construction or 
     expansion of the same alternative refueling infrastructure.
       (C) Ensuring compliance.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     promulgate regulations to ensure that, before receiving a 
     grant under this subsection, an eligible entity meets 
     applicable standards relating to the installation, 
     construction, and expansion of infrastructure necessary to 
     increase the availability to consumers of alternative fuels 
     (as defined in section 32901(a) of title 49, United States 
     Code).

[[Page 16705]]

       (3) Maximum amount.--
       (A) Grants.--The amount of a grant provided under this 
     subsection shall not exceed $30,000.
       (B) Amount per station.--An eligible entity shall receive 
     not more than $90,000 under this subsection for any station 
     of the eligible entity during a fiscal year.
       (4) Use of funds.--
       (A) In general.--A grant provided under this subsection 
     shall be used for the construction or expansion of 
     alternative fueling infrastructure.
       (B) Administrative expenses.--Not more than 3 percent of 
     the amount of a grant provided under this subsection shall be 
     used for administrative expenses.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation $25,000,000 for each of fiscal years 2009 
     through 2021 to carry out the provisions of chapter 329 of 
     title 49, United States Code.

     SEC. 519. APPLICATION WITH CLEAN AIR ACT.

       Nothing in this title shall be construed to conflict with 
     the authority provided by sections 202 and 209 of the Clean 
     Air Act (42 U.S.C. 7521 and 7543, respectively).
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.4 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.''.
       (f) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways and rated at not more 
     than 10,000 pounds gross vehicle weight, except--
       ``(A) a vehicle operated only on a rail line;
       ``(B) a vehicle manufactured by 2 or more manufacturers in 
     different stages and less than 10,000 of which are 
     manufactured per year; or
       ``(C) a work truck.''; and
       (2) by adding at the end the following:
       ``(17) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium-duty passenger vehicle (as defined in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations).''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility. The standard shall address characteristics 
     necessary to ensure better management of crash forces in 
     multiple vehicle frontal and side impact crashes between 
     different types, sizes, and weights of automobiles with a 
     gross vehicle weight of 10,000 pounds or less in order to 
     decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (b) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2012; and
       (B) a final rule under such section not later than December 
     31, 2014.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2018.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in subsection 
     (a)(2) and inserting ``5 consecutive model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards such that the total oil 
     savings associated with manufacturers that exceed the 
     prescribed standards are preserved when transferring credits 
     to manufacturers that fail to achieve the prescribed 
     standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--

[[Page 16706]]

       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile 
     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile and medium-duty 
     and heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive and medium-duty and heavy-duty 
     truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.

     SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL 
                   AUTOMOBILES.

       Section 32908 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(g) Increasing Consumer Awareness of Flexible Fuel 
     Automobiles.--(1) The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall prescribe 
     regulations that require the manufacturer of automobiles 
     distributed in interstate commerce for sale in the United 
     States--
       ``(A) to prominently display a permanent badge or emblem on 
     the quarter panel or tailgate of each such automobile that 
     indicates such vehicle is capable of operating on alternative 
     fuel; and
       ``(B) to include information in the owner's manual of each 
     such automobile information that describes--
       ``(i) the capability of the automobile to operate using 
     alternative fuel;
       ``(ii) the benefits of using alternative fuel, including 
     the renewable nature, and the environmental benefits of using 
     alternative fuel; and
       ``(C) to contain a fuel tank cap that is clearly labeled to 
     inform consumers that the automobile is capable of operating 
     on alternative fuel.
       ``(2) The Secretary of Transportation shall collaborate 
     with automobile retailers to develop voluntary methods for 
     providing prospective purchasers of automobiles with 
     information regarding the benefits of using alternative fuel 
     in automobiles, including--
       ``(A) the renewable nature of alternative fuel; and
       ``(B) the environmental benefits of using alternative 
     fuel.''.

     SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 
                   LABELING PROCEDURES.

       Beginning in December, 2009, and not less often than every 
     5 years thereafter, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation, shall--
       (1) reevaluate the fuel economy labeling procedures 
     described in the final rule published in the Federal Register 
     on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 
     and 600) to determine whether changes in the factors used to 
     establish the labeling procedures warrant a revision of that 
     process; and
       (2) submit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce that describes the results 
     of the reevaluation process.

     SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by inserting after section 30123 the 
     following new section:

     ``Sec. 30123A. Tire fuel efficiency consumer information

       ``(a) Rulemaking.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Ten-in-Ten Fuel Economy Act, the 
     Secretary of Transportation shall, after notice and 
     opportunity for comment, promulgate rules establishing a 
     national tire fuel efficiency consumer information program 
     for tires designed for use on motor vehicles to educate 
     consumers about the effect of tires on automobile fuel 
     efficiency.
       ``(2) Items included in rule.--The rulemaking shall 
     include--
       ``(A) a national tire fuel efficiency rating system for 
     motor vehicle tires to assist consumers in making more 
     educated tire purchasing decisions;
       ``(B) requirements for providing information to consumers, 
     including information at the point of sale and other 
     potential information dissemination methods, including the 
     Internet;
       ``(C) specifications for test methods for manufacturers to 
     use in assessing and rating tires to avoid variation among 
     test equipment and manufacturers; and
       ``(D) a national tire maintenance consumer education 
     program including, information on tire inflation pressure, 
     alignment, rotation, and tread wear to maximize fuel 
     efficiency.
       ``(3) Applicability.--This section shall not apply to tires 
     excluded from coverage under section 575.104(c)(2) of title 
     49, Code of Federal Regulations, as in effect on date of 
     enactment of the Ten-in-Ten Fuel Economy Act.
       ``(b) Consultation.--The Secretary shall consult with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency on the means of conveying 
     tire fuel efficiency consumer information.
       ``(c) Report to Congress.--The Secretary shall conduct 
     periodic assessments of the rules promulgated under this 
     section to determine the utility of such rules to consumers, 
     the level of cooperation by industry, and the contribution to 
     national goals pertaining to energy consumption. The 
     Secretary shall transmit periodic reports detailing the 
     findings of such assessments to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce.
       ``(d) Tire Marking.--The Secretary shall not require 
     permanent labeling of any kind on a tire for the purpose of 
     tire fuel efficiency information.
       ``(e) Preemption.--When a requirement under this section is 
     in effect, a State or political subdivision of a State may 
     adopt or enforce a law or regulation on tire fuel efficiency 
     consumer information only if the law or regulation is 
     identical to that requirement. Nothing in this section shall 
     be construed to preempt a State or political subdivision of a 
     State from regulating the fuel efficiency of tires not 
     otherwise preempted under this chapter.''.
       (b) Enforcement.--Section 30165(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(4) Section 30123a.--Any person who fails to comply with 
     the national tire fuel efficiency consumer information 
     program under section 30123A is liable to the United States 
     Government for a civil penalty of not more than $50,000 for 
     each violation.''.

[[Page 16707]]

       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 of title 49, United States Code, is amended by inserting 
     after the item relating to section 30123 the following:

``30123A. Tire fuel efficiency consumer information''.

     SEC. 514. ADVANCED BATTERY INITIATIVE.

       (a) In General.--The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall establish and 
     carry out an Advanced Battery Initiative in accordance with 
     this section to support research, development, demonstration, 
     and commercial application of battery technologies.
       (b) Industry Alliance.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall 
     competitively select an Industry Alliance to represent 
     participants who are private, for-profit firms headquartered 
     in the United States, the primary business of which is the 
     manufacturing of batteries.
       (c) Research.--
       (1) Grants.--The Secretary shall carry out research 
     activities of the Initiative through competitively-awarded 
     grants to--
       (A) researchers, including Industry Alliance participants;
       (B) small businesses;
       (C) National Laboratories; and
       (D) institutions of higher education.
       (2) Industry alliance.--The Secretary shall annually 
     solicit from the Industry Alliance--
       (A) comments to identify advanced battery technology and 
     battery systems needs relevant to--
       (i) electric drive technology; and
       (ii) other applications the Secretary deems appropriate;
       (B) an assessment of the progress of research activities of 
     the Initiative; and
       (C) assistance in annually updating advanced battery 
     technology and battery systems roadmaps.
       (d) Availability to the Public.--The information and 
     roadmaps developed under this section shall be available to 
     the public.
       (e) Preference.--In making awards under this subsection, 
     the Secretary shall give preference to participants in the 
     Industry Alliance.
       (f) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 120(b) of title 23, United States Code.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2008 through 2012.

     SEC. 515. BIODIESEL STANDARDS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation and the Secretary of Energy, shall promulgate 
     regulations to ensure that all diesel-equivalent fuels 
     derived from renewable biomass that are introduced into 
     interstate commerce are tested and certified to comply with 
     appropriate American Society for Testing and Materials 
     standards.
       (b) Definitions.--In this section:
       (1) Biodiesel.--
       (A) In general.--The term ``biodiesel'' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--
       (i) the registration requirements for fuels and fuel 
     additives established by the Environmental Protection Agency 
     under section 211 of the Clean Air Act (42 U.S.C. 7545); and
       (ii) the requirements of the American Society of Testing 
     and Materials D6751.
       (B) Inclusions.--The term ``biodiesel'' includes esters 
     described in subparagraph (A) derived from--
       (i) animal waste, including poultry fat, poultry waste, and 
     other waste material; and
       (ii) municipal solid waste, sludge, and oil derived from 
     wastewater or the treatment of wastewater.
       (2) Biodiesel blend.--The term ``biodiesel blend'' means a 
     mixture of biodiesel and diesel fuel, including--
       (A) a blend of biodiesel and diesel fuel approximately 5 
     percent of the content of which is biodiesel (commonly known 
     as ``B5''); and
       (B) a blend of biodiesel and diesel fuel approximately 20 
     percent of the content of which is biodiesel (commonly known 
     as ``B20'').

     SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND 
                   DEVELOPMENT.

       Section 32912 of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(e) Use of Civil Penalties.--For fiscal year 2008 and 
     each fiscal year thereafter, from the total amount deposited 
     in the general fund of the Treasury during the preceding 
     fiscal year from fines, penalties, and other funds obtained 
     through enforcement actions conducted pursuant to this 
     section (including funds obtained under consent decrees), the 
     Secretary of the Treasury, subject to the availability of 
     appropriations, shall--
       ``(1) transfer 50 percent of such total amount to the 
     account providing appropriations to the Secretary of 
     Transportation for the administration of this chapter, which 
     shall be used by the Secretary to carry out a program of 
     research and development into fuel saving automotive 
     technologies and to support rulemaking under this chapter; 
     and
       ``(2) transfer 50 percent of such total amount to the 
     Energy Security Fund established by section 517(a) of the 
     Ten-in-Ten Fuel Economy Act.''.

     SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT 
                   PROGRAM.

       (a) Establishment of Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Energy Security Fund'' (referred 
     to in this section as the ``Fund''), consisting of--
       (A) amounts transferred to the Fund under section 
     32912(e)(2) of title 49, United States Code; and
       (B) amounts credited to the Fund under paragraph (2)(C).
       (2) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     in interest-bearing obligations of the United States such 
     portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (C) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund in 
     accordance with section 9602 of the Internal Revenue Code of 
     1986.
       (3) Use of amounts in fund.--Amounts in the Fund shall be 
     made available to the Secretary of Energy, subject to the 
     availability of appropriations, to carry out the grant 
     program under subsection (b).
       (b) Alternative Fuels Grant Program.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Energy, acting 
     through the Clean Cities Program of the Department of Energy, 
     shall establish and carry out a program under which the 
     Secretary shall provide grants to expand the availability to 
     consumers of alternative fuels (as defined in section 
     32901(a) of title 49, United States Code).
       (2) Eligibility.--
       (A) In general.--Except as provided in subparagraph (B), 
     any entity that is eligible to receive assistance under the 
     Clean Cities Program shall be eligible to receive a grant 
     under this subsection.
       (B) Exceptions.--
       (i) Certain oil companies.--A large, vertically-integrated 
     oil company shall not be eligible to receive a grant under 
     this subsection.
       (ii) Prohibition of dual benefits.--An entity that receives 
     any other Federal funds for the construction or expansion of 
     alternative refueling infrastructure shall not be eligible to 
     receive a grant under this subsection for the construction or 
     expansion of the same alternative refueling infrastructure.
       (C) Ensuring compliance.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     promulgate regulations to ensure that, before receiving a 
     grant under this subsection, an eligible entity meets 
     applicable standards relating to the installation, 
     construction, and expansion of infrastructure necessary to 
     increase the availability to consumers of alternative fuels 
     (as defined in section 32901(a) of title 49, United States 
     Code).
       (3) Maximum amount.--
       (A) Grants.--The amount of a grant provided under this 
     subsection shall not exceed $30,000.
       (B) Amount per station.--An eligible entity shall receive 
     not more than $90,000 under this subsection for any station 
     of the eligible entity during a fiscal year.
       (4) Use of funds.--
       (A) In general.--A grant provided under this subsection 
     shall be used for the construction or expansion of 
     alternative fueling infrastructure.
       (B) Administrative expenses.--Not more than 3 percent of 
     the amount of a grant provided under this subsection shall be 
     used for administrative expenses.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation $25,000,000 for each of fiscal years 2009 
     through 2021 to carry out the provisions of chapter 329 of 
     title 49, United States Code.

     SEC. 519. APPLICATION WITH CLEAN AIR ACT.

       Nothing in this title shall be construed to conflict with 
     the authority provided by sections 202 and 209 of the Clean 
     Air Act (42 U.S.C. 7521 and 7543, respectively).
                                 ______
                                 
  SA 1793. Mr. STEVENS (for himself, Ms. Snowe, Mr. Alexander, Mr. 
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment 
intended to be proposed to amendment SA 1711 submitted by Mr. Pryor 
(for himself, Mr. Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow and Mrs. 
McCaskill) and intended to be proposed to the amendment SA 1502 
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency,

[[Page 16708]]

and creating a Strategic Energy Efficiency and Renewables Reserve to 
invest in alternative energy, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Ten-in-Ten Fuel Economy 
     Act''.

     SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND 
                   CERTAIN OTHER VEHICLES.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in 
     subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY 
     REGULATION.--'';
       (2) by striking ``(except passenger automobiles)'' in 
     subsection (a); and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Automobiles and Certain Other 
     Vehicles.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for--
       ``(A) automobiles manufactured by manufacturers in each 
     model year beginning with model year 2011 in accordance with 
     subsection (c); and
       ``(B) commercial medium-duty or heavy-duty on-highway 
     vehicles in accordance with subsection (k).
       ``(2) Fuel economy target for automobiles.--
       ``(A) Automobile fuel economy average for model years 2011 
     through 2020.--The Secretary shall prescribe average fuel 
     economy standards for automobiles in each model year 
     beginning with model year 2011 to achieve a combined fuel 
     economy average for model year 2020 of at least 35 miles per 
     gallon for the fleet of automobiles manufactured or sold in 
     the United States. The average fuel economy standards 
     prescribed by the Secretary shall be the maximum feasible 
     average fuel economy standards for model years 2011 through 
     2019.
       ``(B) Automobile fuel economy average for model years 2021 
     through 2030.--For model years 2021 through 2030, the average 
     fuel economy required to be attained by the fleet of 
     automobiles manufactured or sold in the United States shall 
     be the maximum feasible average fuel economy standard for the 
     fleet.
       ``(C) Progress toward standard required.--In prescribing 
     average fuel economy standards under subparagraph (A), the 
     Secretary shall prescribe annual fuel economy standard 
     increases that increase the applicable average fuel economy 
     standard ratably beginning with model year 2011 and ending 
     with model year 2020.''.
       (b) Fuel Economy Target for Commercial Medium-Duty and 
     Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(k) Commercial Medium- and Heavy-Duty On-Highway 
     Vehicles.--
       ``(1) Study.--No later than 18 months after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 
     of Transportation, in consultation with the Secretary of 
     Energy and the Administrator of the Environmental Protection 
     Agency, shall examine the fuel efficiency of commercial 
     medium- and heavy-duty on-highway vehicles and determine--
       ``(A) the appropriate test procedures and methodologies for 
     measuring commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency;
       ``(B) the appropriate metric for measuring and expressing 
     commercial medium- and heavy-duty on-highway vehicle fuel 
     efficiency performance, taking into consideration, among 
     other things, the work performed by such on-highway vehicles 
     and types of operations in which they are used;
       ``(C) the range of factors, including, without limitation, 
     design, functionality, use, duty cycle, infrastructure, and 
     total overall energy consumption and operating costs that 
     effect commercial medium- and heavy-duty on-highway vehicle 
     fuel efficiency; and
       ``(D) such other factors and conditions that could have an 
     impact on a program to improve commercial medium- and heavy-
     duty on-highway vehicle fuel efficiency.
       ``(2) Rulemaking.--No later than 24 months after completion 
     of the study required by paragraph (1), the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, by 
     regulation, shall determine in a rulemaking procedure how to 
     implement a commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency improvement program designed to 
     achieve the maximum feasible improvement, and shall adopt 
     appropriate test methods, measurement metrics, fuel economy 
     standards, and compliance and enforcement protocols that are 
     appropriate, cost-effective, and technologically feasible for 
     commercial medium- and heavy-duty on-highway vehicles.
       ``(3) Lead-time; regulatory stability.--Any commercial 
     medium- and heavy-duty on-highway vehicle fuel efficiency 
     regulatory program adopted pursuant to this subsection shall 
     provide no less than 4 full model years of regulatory lead-
     time and 3 full model years of regulatory stability.
       ``(4) Commercial medium- and heavy-duty on-highway vehicle 
     defined.--In this subsection, the term `commercial medium- 
     and heavy-duty on-highway vehicle' means an on-highway 
     vehicle with a gross vehicle weight rating of more than 8,500 
     pounds, and that, in the case of a vehicle with a gross 
     vehicle weight rating of less than 10,000 pounds, is not an 
     automobile.''.
       (c) Authority of Secretary.--Section 32902 of title 49, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end thereof the following:
       ``(l) Authority of the Secretary.--
       ``(1) Vehicle attributes; model years covered.--The 
     Secretary shall--
       ``(A) prescribe by regulation average fuel economy 
     standards for automobiles based on vehicle attributes related 
     to fuel economy and to express the standards in the form of a 
     mathematical function; and
       ``(B) issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       ``(2) Prohibition of uniform percentage increase.--When the 
     Secretary prescribes a standard, or prescribes an amendment 
     under this section that changes a standard, the standard may 
     not be expressed as a uniform percentage increase from the 
     fuel-economy performance of attribute classes or categories 
     already achieved in a model year by a manufacturer.''.

     SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

       (a) In General.--Section 32902(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Amending Fuel Economy Standards.--Notwithstanding 
     subsections (a) and (b), the Secretary of Transportation--
       ``(1) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(2) may prescribe an average fuel economy standard for 
     automobiles that is the maximum feasible level for the model 
     year, despite being lower than the standard required under 
     subsection (b), if the Secretary determines, based on clear 
     and convincing evidence, that the average fuel economy 
     standard prescribed in accordance with subsections (a) and 
     (b) for automobiles in that model year is shown not to be 
     cost-effective.''.
       (b) Feasibility Criteria.--Section 32902(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Decisions on Maximum Feasible Average Fuel Economy.--
       ``(1) In general.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary shall 
     consider--
       ``(A) economic practicability;
       ``(B) the effect of other motor vehicle standards of the 
     Government on fuel economy;
       ``(C) environmental impacts; and
       ``(D) the need of the United States to conserve energy.
       ``(2) Limitations.--In setting any standard under 
     subsection (b), (c), or (d), the Secretary shall ensure that 
     each standard is the highest standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States;
       ``(C) is not less than the standard for that class of 
     vehicles from any prior year; and
       ``(D) is cost-effective.
       ``(3) Cost-effective defined.--In this subsection, the term 
     `cost-effective' means that the value to the United States of 
     reduced fuel use from a proposed fuel economy standard is 
     greater than or equal to the cost to the United States of 
     such standard. In determining cost-effectiveness, the 
     Secretary shall give priority to those technologies and 
     packages of technologies that offer the largest reduction in 
     fuel use relative to their costs.
       ``(4) Factors for consideration by secretary in determining 
     cost-effectiveness.--The Secretary shall consult with the 
     Administrator of the Environmental Protection Agency, and may 
     consult with such other departments and agencies as the 
     Secretary deems appropriate, and shall consider in the 
     analysis the following factors:
       ``(A) Economic security.
       ``(B) The impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil and other fuel price changes, including the magnitude of 
     gross domestic product losses in response to short term price 
     shocks or long term price increases.
       ``(C) National security, including the impact of United 
     States payments for oil and other fuel imports on political, 
     economic, and military developments in unstable or unfriendly 
     oil-exporting countries.
       ``(D) The uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage.
       ``(E) The emissions of pollutants including greenhouse 
     gases over the lifecycle of the

[[Page 16709]]

     fuel and the resulting costs to human health, the economy, 
     and the environment.
       ``(F) Such additional factors as the Secretary deems 
     relevant.
       ``(5) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation shall use as a minimum value the greater of--
       ``(A) the average value of gasoline prices projected by the 
     Energy Information Administration over the period covered by 
     the standard; or
       ``(B) the average value of gasoline prices for the 5-year 
     period immediately preceding the year in which the standard 
     is established.''.
       (c) Consultation Requirement.--Section 32902(i) of title 
     49, United States Code, is amended by inserting ``and the 
     Administrator of the Environmental Protection Agency'' after 
     ``Energy''.
       (d) Comments.--Section 32902(j) of title 49, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting ``(1) Before 
     issuing a notice proposing to prescribe or amend an average 
     fuel economy standard under subsection (b), (c), or (g) of 
     this section, the Secretary of Transportation shall give the 
     Secretary of Energy and Administrator of the Environmental 
     Protection Agency at least 30 days after the receipt of the 
     notice during which the Secretary of Energy and Administrator 
     may, if the Secretary of Energy or Administrator concludes 
     that the proposed standard would adversely affect the 
     conservation goals of the Secretary of Energy or 
     environmental protection goals of the Administrator, provide 
     written comments to the Secretary of Transportation about the 
     impact of the standard on those goals. To the extent the 
     Secretary of Transportation does not revise a proposed 
     standard to take into account comments of the Secretary of 
     Energy or Administrator on any adverse impact of the 
     standard, the Secretary of Transportation shall include those 
     comments in the notice.''; and
       (2) by inserting ``and the Administrator'' after ``Energy'' 
     each place it appears in paragraph (2).
       (e) Alternative Fuel Economy Standards for Low Volume 
     Manufacturers and New Entrants.--Section 32902(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon the application of an eligible 
     manufacturer, the Secretary of Transportation may prescribe 
     an alternative average fuel economy standard for automobiles 
     manufactured by that manufacturer if the Secretary determines 
     that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.4 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.''.
       (f) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways and rated at not more 
     than 10,000 pounds gross vehicle weight, except--
       ``(A) a vehicle operated only on a rail line;
       ``(B) a vehicle manufactured by 2 or more manufacturers in 
     different stages and less than 10,000 of which are 
     manufactured per year; or
       ``(C) a work truck.''; and
       (2) by adding at the end the following:
       ``(17) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium-duty passenger vehicle (as defined in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations).''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility. The standard shall address characteristics 
     necessary to ensure better management of crash forces in 
     multiple vehicle frontal and side impact crashes between 
     different types, sizes, and weights of automobiles with a 
     gross vehicle weight of 10,000 pounds or less in order to 
     decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (b) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2012; and
       (B) a final rule under such section not later than December 
     31, 2014.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2018.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in subsection 
     (a)(2) and inserting ``5 consecutive model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards such that the total oil 
     savings associated with manufacturers that exceed the 
     prescribed standards are preserved when transferring credits 
     to manufacturers that fail to achieve the prescribed 
     standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--

[[Page 16710]]

       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile 
     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile and medium-duty 
     and heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive and medium-duty and heavy-duty 
     truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.

     SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL 
                   AUTOMOBILES.

       Section 32908 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(g) Increasing Consumer Awareness of Flexible Fuel 
     Automobiles.--(1) The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall prescribe 
     regulations that require the manufacturer of automobiles 
     distributed in interstate commerce for sale in the United 
     States--
       ``(A) to prominently display a permanent badge or emblem on 
     the quarter panel or tailgate of each such automobile that 
     indicates such vehicle is capable of operating on alternative 
     fuel; and
       ``(B) to include information in the owner's manual of each 
     such automobile information that describes--
       ``(i) the capability of the automobile to operate using 
     alternative fuel;
       ``(ii) the benefits of using alternative fuel, including 
     the renewable nature, and the environmental benefits of using 
     alternative fuel; and
       ``(C) to contain a fuel tank cap that is clearly labeled to 
     inform consumers that the automobile is capable of operating 
     on alternative fuel.
       ``(2) The Secretary of Transportation shall collaborate 
     with automobile retailers to develop voluntary methods for 
     providing prospective purchasers of automobiles with 
     information regarding the benefits of using alternative fuel 
     in automobiles, including--
       ``(A) the renewable nature of alternative fuel; and
       ``(B) the environmental benefits of using alternative 
     fuel.''.

     SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 
                   LABELING PROCEDURES.

       Beginning in December, 2009, and not less often than every 
     5 years thereafter, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation, shall--
       (1) reevaluate the fuel economy labeling procedures 
     described in the final rule published in the Federal Register 
     on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 
     and 600) to determine whether changes in the factors used to 
     establish the labeling procedures warrant a revision of that 
     process; and
       (2) submit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce that describes the results 
     of the reevaluation process.

     SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by inserting after section 30123 the 
     following new section:

     ``Sec. 30123A. Tire fuel efficiency consumer information

       ``(a) Rulemaking.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Ten-in-Ten Fuel Economy Act, the 
     Secretary of Transportation shall, after notice and 
     opportunity for comment, promulgate rules establishing a 
     national tire fuel efficiency consumer information program 
     for tires designed for use on motor vehicles to educate 
     consumers about the effect of tires on automobile fuel 
     efficiency.
       ``(2) Items included in rule.--The rulemaking shall 
     include--
       ``(A) a national tire fuel efficiency rating system for 
     motor vehicle tires to assist consumers in making more 
     educated tire purchasing decisions;
       ``(B) requirements for providing information to consumers, 
     including information at the point of sale and other 
     potential information dissemination methods, including the 
     Internet;
       ``(C) specifications for test methods for manufacturers to 
     use in assessing and rating tires to avoid variation among 
     test equipment and manufacturers; and
       ``(D) a national tire maintenance consumer education 
     program including, information on tire inflation pressure, 
     alignment, rotation, and tread wear to maximize fuel 
     efficiency.
       ``(3) Applicability.--This section shall not apply to tires 
     excluded from coverage under section 575.104(c)(2) of title 
     49, Code of Federal Regulations, as in effect on date of 
     enactment of the Ten-in-Ten Fuel Economy Act.
       ``(b) Consultation.--The Secretary shall consult with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency on the means of conveying 
     tire fuel efficiency consumer information.
       ``(c) Report to Congress.--The Secretary shall conduct 
     periodic assessments of the

[[Page 16711]]

     rules promulgated under this section to determine the utility 
     of such rules to consumers, the level of cooperation by 
     industry, and the contribution to national goals pertaining 
     to energy consumption. The Secretary shall transmit periodic 
     reports detailing the findings of such assessments to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Energy and 
     Commerce.
       ``(d) Tire Marking.--The Secretary shall not require 
     permanent labeling of any kind on a tire for the purpose of 
     tire fuel efficiency information.
       ``(e) Preemption.--When a requirement under this section is 
     in effect, a State or political subdivision of a State may 
     adopt or enforce a law or regulation on tire fuel efficiency 
     consumer information only if the law or regulation is 
     identical to that requirement. Nothing in this section shall 
     be construed to preempt a State or political subdivision of a 
     State from regulating the fuel efficiency of tires not 
     otherwise preempted under this chapter.''.
       (b) Enforcement.--Section 30165(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(4) Section 30123a.--Any person who fails to comply with 
     the national tire fuel efficiency consumer information 
     program under section 30123A is liable to the United States 
     Government for a civil penalty of not more than $50,000 for 
     each violation.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 of title 49, United States Code, is amended by inserting 
     after the item relating to section 30123 the following:

``30123A. Tire fuel efficiency consumer information''.

     SEC. 514. ADVANCED BATTERY INITIATIVE.

       (a) In General.--The Secretary of Energy, in consultation 
     with the Secretary of Transportation, shall establish and 
     carry out an Advanced Battery Initiative in accordance with 
     this section to support research, development, demonstration, 
     and commercial application of battery technologies.
       (b) Industry Alliance.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall 
     competitively select an Industry Alliance to represent 
     participants who are private, for-profit firms headquartered 
     in the United States, the primary business of which is the 
     manufacturing of batteries.
       (c) Research.--
       (1) Grants.--The Secretary shall carry out research 
     activities of the Initiative through competitively-awarded 
     grants to--
       (A) researchers, including Industry Alliance participants;
       (B) small businesses;
       (C) National Laboratories; and
       (D) institutions of higher education.
       (2) Industry alliance.--The Secretary shall annually 
     solicit from the Industry Alliance--
       (A) comments to identify advanced battery technology and 
     battery systems needs relevant to--
       (i) electric drive technology; and
       (ii) other applications the Secretary deems appropriate;
       (B) an assessment of the progress of research activities of 
     the Initiative; and
       (C) assistance in annually updating advanced battery 
     technology and battery systems roadmaps.
       (d) Availability to the Public.--The information and 
     roadmaps developed under this section shall be available to 
     the public.
       (e) Preference.--In making awards under this subsection, 
     the Secretary shall give preference to participants in the 
     Industry Alliance.
       (f) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 120(b) of title 23, United States Code.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2008 through 2012.

     SEC. 515. BIODIESEL STANDARDS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation and the Secretary of Energy, shall promulgate 
     regulations to ensure that all diesel-equivalent fuels 
     derived from renewable biomass that are introduced into 
     interstate commerce are tested and certified to comply with 
     appropriate American Society for Testing and Materials 
     standards.
       (b) Definitions.--In this section:
       (1) Biodiesel.--
       (A) In general.--The term ``biodiesel'' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--
       (i) the registration requirements for fuels and fuel 
     additives established by the Environmental Protection Agency 
     under section 211 of the Clean Air Act (42 U.S.C. 7545); and
       (ii) the requirements of the American Society of Testing 
     and Materials D6751.
       (B) Inclusions.--The term ``biodiesel'' includes esters 
     described in subparagraph (A) derived from--
       (i) animal waste, including poultry fat, poultry waste, and 
     other waste material; and
       (ii) municipal solid waste, sludge, and oil derived from 
     wastewater or the treatment of wastewater.
       (2) Biodiesel blend.--The term ``biodiesel blend'' means a 
     mixture of biodiesel and diesel fuel, including--
       (A) a blend of biodiesel and diesel fuel approximately 5 
     percent of the content of which is biodiesel (commonly known 
     as ``B5''); and
       (B) a blend of biodiesel and diesel fuel approximately 20 
     percent of the content of which is biodiesel (commonly known 
     as ``B20'').

     SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND 
                   DEVELOPMENT.

       Section 32912 of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(e) Use of Civil Penalties.--For fiscal year 2008 and 
     each fiscal year thereafter, from the total amount deposited 
     in the general fund of the Treasury during the preceding 
     fiscal year from fines, penalties, and other funds obtained 
     through enforcement actions conducted pursuant to this 
     section (including funds obtained under consent decrees), the 
     Secretary of the Treasury, subject to the availability of 
     appropriations, shall--
       ``(1) transfer 50 percent of such total amount to the 
     account providing appropriations to the Secretary of 
     Transportation for the administration of this chapter, which 
     shall be used by the Secretary to carry out a program of 
     research and development into fuel saving automotive 
     technologies and to support rulemaking under this chapter; 
     and
       ``(2) transfer 50 percent of such total amount to the 
     Energy Security Fund established by section 517(a) of the 
     Ten-in-Ten Fuel Economy Act.''.

     SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT 
                   PROGRAM.

       (a) Establishment of Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Energy Security Fund'' (referred 
     to in this section as the ``Fund''), consisting of--
       (A) amounts transferred to the Fund under section 
     32912(e)(2) of title 49, United States Code; and
       (B) amounts credited to the Fund under paragraph (2)(C).
       (2) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     in interest-bearing obligations of the United States such 
     portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (C) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund in 
     accordance with section 9602 of the Internal Revenue Code of 
     1986.
       (3) Use of amounts in fund.--Amounts in the Fund shall be 
     made available to the Secretary of Energy, subject to the 
     availability of appropriations, to carry out the grant 
     program under subsection (b).
       (b) Alternative Fuels Grant Program.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Energy, acting 
     through the Clean Cities Program of the Department of Energy, 
     shall establish and carry out a program under which the 
     Secretary shall provide grants to expand the availability to 
     consumers of alternative fuels (as defined in section 
     32901(a) of title 49, United States Code).
       (2) Eligibility.--
       (A) In general.--Except as provided in subparagraph (B), 
     any entity that is eligible to receive assistance under the 
     Clean Cities Program shall be eligible to receive a grant 
     under this subsection.
       (B) Exceptions.--
       (i) Certain oil companies.--A large, vertically-integrated 
     oil company shall not be eligible to receive a grant under 
     this subsection.
       (ii) Prohibition of dual benefits.--An entity that receives 
     any other Federal funds for the construction or expansion of 
     alternative refueling infrastructure shall not be eligible to 
     receive a grant under this subsection for the construction or 
     expansion of the same alternative refueling infrastructure.
       (C) Ensuring compliance.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     promulgate regulations to ensure that, before receiving a 
     grant under this subsection, an eligible entity meets 
     applicable standards relating to the installation, 
     construction, and expansion of infrastructure necessary to 
     increase the availability to consumers of alternative fuels 
     (as defined in section 32901(a) of title 49, United States 
     Code).
       (3) Maximum amount.--
       (A) Grants.--The amount of a grant provided under this 
     subsection shall not exceed $30,000.
       (B) Amount per station.--An eligible entity shall receive 
     not more than $90,000 under this subsection for any station 
     of the eligible entity during a fiscal year.
       (4) Use of funds.--

[[Page 16712]]

       (A) In general.--A grant provided under this subsection 
     shall be used for the construction or expansion of 
     alternative fueling infrastructure.
       (B) Administrative expenses.--Not more than 3 percent of 
     the amount of a grant provided under this subsection shall be 
     used for administrative expenses.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation $25,000,000 for each of fiscal years 2009 
     through 2021 to carry out the provisions of chapter 329 of 
     title 49, United States Code.

     SEC. 519. APPLICATION WITH CLEAN AIR ACT.

       Nothing in this title shall be construed to conflict with 
     the authority provided by sections 202 and 209 of the Clean 
     Air Act (42 U.S.C. 7521 and 7543, respectively).
                                 ______
                                 
  SA 1794. Mr. STEVENS (Ms. Snowe, Mr. Alexander, Mr. Carper, Mr. Lott, 
Mr. Kerry, and Mr. Corker) submitted an amendment intended to be 
proposed to amendment SA 1712 submitted by Mr. Pryor (for himself, Mr. 
Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow, and Mrs. McCaskill) and 
intended to be proposed to the amendment SA 1502 proposed by Mr. Reid 
to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Ten-in-Ten Fuel Economy 
     Act''.

     SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND 
                   CERTAIN OTHER VEHICLES.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in 
     subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY 
     REGULATION.--'';
       (2) by striking ``(except passenger automobiles)'' in 
     subsection (a); and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Automobiles and Certain Other 
     Vehicles.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for--
       ``(A) automobiles manufactured by manufacturers in each 
     model year beginning with model year 2011 in accordance with 
     subsection (c); and
       ``(B) commercial medium-duty or heavy-duty on-highway 
     vehicles in accordance with subsection (k).
       ``(2) Fuel economy target for automobiles.--
       ``(A) Automobile fuel economy average for model years 2011 
     through 2020.--The Secretary shall prescribe average fuel 
     economy standards for automobiles in each model year 
     beginning with model year 2011 to achieve a combined fuel 
     economy average for model year 2020 of at least 35 miles per 
     gallon for the fleet of automobiles manufactured or sold in 
     the United States. The average fuel economy standards 
     prescribed by the Secretary shall be the maximum feasible 
     average fuel economy standards for model years 2011 through 
     2019.
       ``(B) Automobile fuel economy average for model years 2021 
     through 2030.--For model years 2021 through 2030, the average 
     fuel economy required to be attained by the fleet of 
     automobiles manufactured or sold in the United States shall 
     be the maximum feasible average fuel economy standard for the 
     fleet.
       ``(C) Progress toward standard required.--In prescribing 
     average fuel economy standards under subparagraph (A), the 
     Secretary shall prescribe annual fuel economy standard 
     increases that increase the applicable average fuel economy 
     standard ratably beginning with model year 2011 and ending 
     with model year 2020.''.
       (b) Fuel Economy Target for Commercial Medium-Duty and 
     Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(k) Commercial Medium- and Heavy-Duty On-Highway 
     Vehicles.--
       ``(1) Study.--No later than 18 months after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 
     of Transportation, in consultation with the Secretary of 
     Energy and the Administrator of the Environmental Protection 
     Agency, shall examine the fuel efficiency of commercial 
     medium- and heavy-duty on-highway vehicles and determine--
       ``(A) the appropriate test procedures and methodologies for 
     measuring commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency;
       ``(B) the appropriate metric for measuring and expressing 
     commercial medium- and heavy-duty on-highway vehicle fuel 
     efficiency performance, taking into consideration, among 
     other things, the work performed by such on-highway vehicles 
     and types of operations in which they are used;
       ``(C) the range of factors, including, without limitation, 
     design, functionality, use, duty cycle, infrastructure, and 
     total overall energy consumption and operating costs that 
     effect commercial medium- and heavy-duty on-highway vehicle 
     fuel efficiency; and
       ``(D) such other factors and conditions that could have an 
     impact on a program to improve commercial medium- and heavy-
     duty on-highway vehicle fuel efficiency.
       ``(2) Rulemaking.--No later than 24 months after completion 
     of the study required by paragraph (1), the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, by 
     regulation, shall determine in a rulemaking procedure how to 
     implement a commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency improvement program designed to 
     achieve the maximum feasible improvement, and shall adopt 
     appropriate test methods, measurement metrics, fuel economy 
     standards, and compliance and enforcement protocols that are 
     appropriate, cost-effective, and technologically feasible for 
     commercial medium- and heavy-duty on-highway vehicles.
       ``(3) Lead-time; regulatory stability.--Any commercial 
     medium- and heavy-duty on-highway vehicle fuel efficiency 
     regulatory program adopted pursuant to this subsection shall 
     provide no less than 4 full model years of regulatory lead-
     time and 3 full model years of regulatory stability.
       ``(4) Commercial medium- and heavy-duty on-highway vehicle 
     defined.--In this subsection, the term `commercial medium- 
     and heavy-duty on-highway vehicle' means an on-highway 
     vehicle with a gross vehicle weight rating of more than 8,500 
     pounds, and that, in the case of a vehicle with a gross 
     vehicle weight rating of less than 10,000 pounds, is not an 
     automobile.''.
       (c) Authority of Secretary.--Section 32902 of title 49, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end thereof the following:
       ``(l) Authority of the Secretary.--
       ``(1) Vehicle attributes.--The Secretary shall--
       ``(A) prescribe by regulation average fuel economy 
     standards for automobiles based on vehicle attributes related 
     to fuel economy and to express the standards in the form of a 
     mathematical function; and
       ``(B) issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       ``(2) Prohibition of uniform percentage increase.--When the 
     Secretary prescribes a standard, or prescribes an amendment 
     under this section that changes a standard, the standard may 
     not be expressed as a uniform percentage increase from the 
     fuel-economy performance of attribute classes or categories 
     already achieved in a model year by a manufacturer.''.

     SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

       (a) In General.--Section 32902(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Amending Fuel Economy Standards.--Notwithstanding 
     subsections (a) and (b), the Secretary of Transportation--
       ``(1) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(2) may prescribe an average fuel economy standard for 
     automobiles that is the maximum feasible level for the model 
     year, despite being lower than the standard required under 
     subsection (b), if the Secretary determines, based on clear 
     and convincing evidence, that the average fuel economy 
     standard prescribed in accordance with subsections (a) and 
     (b) for automobiles in that model year is shown not to be 
     cost-effective.''.
       (b) Feasibility Criteria.--Section 32902(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Decisions on Maximum Feasible Average Fuel Economy.--
       ``(1) In general.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary shall 
     consider--
       ``(A) economic practicability;
       ``(B) the effect of other motor vehicle standards of the 
     Government on fuel economy;
       ``(C) environmental impacts; and
       ``(D) the need of the United States to conserve energy.
       ``(2) Limitations.--In setting any standard under 
     subsection (b), (c), or (d), the Secretary shall ensure that 
     each standard is the highest standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States;
       ``(C) is not less than the standard for that class of 
     vehicles from any prior year; and
       ``(D) is cost-effective.
       ``(3) Cost-effective defined.--In this subsection, the term 
     `cost-effective' means that the value to the United States of 
     reduced

[[Page 16713]]

     fuel use from a proposed fuel economy standard is greater 
     than or equal to the cost to the United States of such 
     standard. In determining cost-effectiveness, the Secretary 
     shall give priority to those technologies and packages of 
     technologies that offer the largest reduction in fuel use 
     relative to their costs.
       ``(4) Factors for consideration by secretary in determining 
     cost-effectiveness.--The Secretary shall consult with the 
     Administrator of the Environmental Protection Agency, and may 
     consult with such other departments and agencies as the 
     Secretary deems appropriate, and shall consider in the 
     analysis the following factors:
       ``(A) Economic security.
       ``(B) The impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil and other fuel price changes, including the magnitude of 
     gross domestic product losses in response to short term price 
     shocks or long term price increases.
       ``(C) National security, including the impact of United 
     States payments for oil and other fuel imports on political, 
     economic, and military developments in unstable or unfriendly 
     oil-exporting countries.
       ``(D) The uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage.
       ``(E) The emissions of pollutants including greenhouse 
     gases over the lifecycle of the fuel and the resulting costs 
     to human health, the economy, and the environment.
       ``(F) Such additional factors as the Secretary deems 
     relevant.
       ``(5) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation shall use as a minimum value the greater of--
       ``(A) the average value of gasoline prices projected by the 
     Energy Information Administration over the period covered by 
     the standard; or
       ``(B) the average value of gasoline prices for the 5-year 
     period immediately preceding the year in which the standard 
     is established.''.
       (c) Consultation Requirement.--Section 32902(i) of title 
     49, United States Code, is amended by inserting ``and the 
     Administrator of the Environmental Protection Agency'' after 
     ``Energy''.
       (d) Comments.--Section 32902(j) of title 49, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting ``(1) Before 
     issuing a notice proposing to prescribe or amend an average 
     fuel economy standard under subsection (b), (c), or (g) of 
     this section, the Secretary of Transportation shall give the 
     Secretary of Energy and Administrator of the Environmental 
     Protection Agency at least 30 days after the receipt of the 
     notice during which the Secretary of Energy and Administrator 
     may, if the Secretary of Energy or Administrator concludes 
     that the proposed standard would adversely affect the 
     conservation goals of the Secretary of Energy or 
     environmental protection goals of the Administrator, provide 
     written comments to the Secretary of Transportation about the 
     impact of the standard on those goals. To the extent the 
     Secretary of Transportation does not revise a proposed 
     standard to take into account comments of the Secretary of 
     Energy or Administrator on any adverse impact of the 
     standard, the Secretary of Transportation shall include those 
     comments in the notice.''; and
       (2) by inserting ``and the Administrator'' after ``Energy'' 
     each place it appears in paragraph (2).
       (e) Alternative Fuel Economy Standards for Low Volume 
     Manufacturers and New Entrants.--Section 32902(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon the application of an eligible 
     manufacturer, the Secretary of Transportation may prescribe 
     an alternative average fuel economy standard for automobiles 
     manufactured by that manufacturer if the Secretary determines 
     that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.4 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.''.
       (f) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways and rated at not more 
     than 10,000 pounds gross vehicle weight, except--
       ``(A) a vehicle operated only on a rail line;
       ``(B) a vehicle manufactured by 2 or more manufacturers in 
     different stages and less than 10,000 of which are 
     manufactured per year; or
       ``(C) a work truck.''; and
       (2) by adding at the end the following:
       ``(17) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium-duty passenger vehicle (as defined in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations).''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility. The standard shall address characteristics 
     necessary to ensure better management of crash forces in 
     multiple vehicle frontal and side impact crashes between 
     different types, sizes, and weights of automobiles with a 
     gross vehicle weight of 10,000 pounds or less in order to 
     decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (b) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2012; and
       (B) a final rule under such section not later than December 
     31, 2014.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2018.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:


[[Page 16714]]


``30129. Vehicle compatibility standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in subsection 
     (a)(2) and inserting ``5 consecutive model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards such that the total oil 
     savings associated with manufacturers that exceed the 
     prescribed standards are preserved when transferring credits 
     to manufacturers that fail to achieve the prescribed 
     standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile 
     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile and medium-duty 
     and heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive and medium-duty and heavy-duty 
     truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.
                                 ______
                                 
  SA 1795. Mr. STEVENS (for himself Ms. Snowe, Mr. Alexander, Mr. 
Carper, Mr. Lott, Mr. Kerry, and Mr. Corker) submitted an amendment 
intended to be proposed to amendment SA 1713 submitted by Mr. Pryor 
(for himself, Mr. Bond, Mr. Levin, Mr. Voinovich, Ms. Stabenow, and 
Mrs. McCaskill) and intended to be proposed to the amendment SA 1502 
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Ten-in-Ten Fuel Economy 
     Act''.

     SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND 
                   CERTAIN OTHER VEHICLES.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in 
     subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY 
     REGULATION.--'';
       (2) by striking ``(except passenger automobiles)'' in 
     subsection (a); and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Automobiles and Certain Other 
     Vehicles.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for--
       ``(A) automobiles manufactured by manufacturers in each 
     model year beginning with model year 2011 in accordance with 
     subsection (c); and
       ``(B) commercial medium-duty or heavy-duty on-highway 
     vehicles in accordance with subsection (k).
       ``(2) Fuel economy target for automobiles.--
       ``(A) Automobile fuel economy average for model years 2011 
     through 2020.--The Secretary shall prescribe average fuel 
     economy standards for automobiles in each model year 
     beginning with model year 2011 to achieve a combined fuel 
     economy average for model year 2020 of at least 35 miles per 
     gallon for the fleet of automobiles manufactured or sold in 
     the United States. The average fuel economy standards 
     prescribed by the Secretary shall be the maximum feasible 
     average fuel economy standards for model years 2011 through 
     2019.
       ``(B) Automobile fuel economy average for model years 2021 
     through 2030.--For

[[Page 16715]]

     model years 2021 through 2030, the average fuel economy 
     required to be attained by the fleet of automobiles 
     manufactured or sold in the United States shall be the 
     maximum feasible average fuel economy standard for the fleet.
       ``(C) Progress toward standard required.--In prescribing 
     average fuel economy standards under subparagraph (A), the 
     Secretary shall prescribe annual fuel economy standard 
     increases that increase the applicable average fuel economy 
     standard ratably beginning with model year 2011 and ending 
     with model year 2020.''.
       (b) Fuel Economy Target for Commercial Medium-Duty and 
     Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(k) Commercial Medium- and Heavy-Duty On-Highway 
     Vehicles.--
       ``(1) Study.--No later than 18 months after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 
     of Transportation, in consultation with the Secretary of 
     Energy and the Administrator of the Environmental Protection 
     Agency, shall examine the fuel efficiency of commercial 
     medium- and heavy-duty on-highway vehicles and determine--
       ``(A) the appropriate test procedures and methodologies for 
     measuring commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency;
       ``(B) the appropriate metric for measuring and expressing 
     commercial medium- and heavy-duty on-highway vehicle fuel 
     efficiency performance, taking into consideration, among 
     other things, the work performed by such on-highway vehicles 
     and types of operations in which they are used;
       ``(C) the range of factors, including, without limitation, 
     design, functionality, use, duty cycle, infrastructure, and 
     total overall energy consumption and operating costs that 
     effect commercial medium- and heavy-duty on-highway vehicle 
     fuel efficiency; and
       ``(D) such other factors and conditions that could have an 
     impact on a program to improve commercial medium- and heavy-
     duty on-highway vehicle fuel efficiency.
       ``(2) Rulemaking.--No later than 24 months after completion 
     of the study required by paragraph (1), the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, by 
     regulation, shall determine in a rulemaking procedure how to 
     implement a commercial medium- and heavy-duty on-highway 
     vehicle fuel efficiency improvement program designed to 
     achieve the maximum feasible improvement, and shall adopt 
     appropriate test methods, measurement metrics, fuel economy 
     standards, and compliance and enforcement protocols that are 
     appropriate, cost-effective, and technologically feasible for 
     commercial medium- and heavy-duty on-highway vehicles.
       ``(3) Lead-time; regulatory stability.--Any commercial 
     medium- and heavy-duty on-highway vehicle fuel efficiency 
     regulatory program adopted pursuant to this subsection shall 
     provide no less than 4 full model years of regulatory lead-
     time and 3 full model years of regulatory stability.
       ``(4) Commercial medium- and heavy-duty on-highway vehicle 
     defined.--In this subsection, the term `commercial medium- 
     and heavy-duty on-highway vehicle' means an on-highway 
     vehicle with a gross vehicle weight rating of more than 8,500 
     pounds, and that, in the case of a vehicle with a gross 
     vehicle weight rating of less than 10,000 pounds, is not an 
     automobile.''.
       (c) Authority of Secretary.--Section 32902 of title 49, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end thereof the following:
       ``(l) Authority of the Secretary.--
       ``(1) Vehicle attributes.--The Secretary shall--
       ``(A) prescribe by regulation average fuel economy 
     standards for automobiles based on vehicle attributes related 
     to fuel economy and to express the standards in the form of a 
     mathematical function; and
       ``(B) issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       ``(2) Prohibition of uniform percentage increase.--When the 
     Secretary prescribes a standard, or prescribes an amendment 
     under this section that changes a standard, the standard may 
     not be expressed as a uniform percentage increase from the 
     fuel-economy performance of attribute classes or categories 
     already achieved in a model year by a manufacturer.''.

     SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

       (a) In General.--Section 32902(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Amending Fuel Economy Standards.--Notwithstanding 
     subsections (a) and (b), the Secretary of Transportation--
       ``(1) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(2) may prescribe an average fuel economy standard for 
     automobiles that is the maximum feasible level for the model 
     year, despite being lower than the standard required under 
     subsection (b), if the Secretary determines, based on clear 
     and convincing evidence, that the average fuel economy 
     standard prescribed in accordance with subsections (a) and 
     (b) for automobiles in that model year is shown not to be 
     cost-effective.''.
       (b) Feasibility Criteria.--Section 32902(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Decisions on Maximum Feasible Average Fuel Economy.--
       ``(1) In general.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary shall 
     consider--
       ``(A) economic practicability;
       ``(B) the effect of other motor vehicle standards of the 
     Government on fuel economy;
       ``(C) environmental impacts; and
       ``(D) the need of the United States to conserve energy.
       ``(2) Limitations.--In setting any standard under 
     subsection (b), (c), or (d), the Secretary shall ensure that 
     each standard is the highest standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States;
       ``(C) is not less than the standard for that class of 
     vehicles from any prior year; and
       ``(D) is cost-effective.
       ``(3) Cost-effective defined.--In this subsection, the term 
     `cost-effective' means that the value to the United States of 
     reduced fuel use from a proposed fuel economy standard is 
     greater than or equal to the cost to the United States of 
     such standard. In determining cost-effectiveness, the 
     Secretary shall give priority to those technologies and 
     packages of technologies that offer the largest reduction in 
     fuel use relative to their costs.
       ``(4) Factors for consideration by secretary in determining 
     cost-effectiveness.--The Secretary shall consult with the 
     Administrator of the Environmental Protection Agency, and may 
     consult with such other departments and agencies as the 
     Secretary deems appropriate, and shall consider in the 
     analysis the following factors:
       ``(A) Economic security.
       ``(B) The impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil and other fuel price changes, including the magnitude of 
     gross domestic product losses in response to short term price 
     shocks or long term price increases.
       ``(C) National security, including the impact of United 
     States payments for oil and other fuel imports on political, 
     economic, and military developments in unstable or unfriendly 
     oil-exporting countries.
       ``(D) The uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage.
       ``(E) The emissions of pollutants including greenhouse 
     gases over the lifecycle of the fuel and the resulting costs 
     to human health, the economy, and the environment.
       ``(F) Such additional factors as the Secretary deems 
     relevant.
       ``(5) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation shall use as a minimum value the greater of--
       ``(A) the average value of gasoline prices projected by the 
     Energy Information Administration over the period covered by 
     the standard; or
       ``(B) the average value of gasoline prices for the 5-year 
     period immediately preceding the year in which the standard 
     is established.''.
       (c) Consultation Requirement.--Section 32902(i) of title 
     49, United States Code, is amended by inserting ``and the 
     Administrator of the Environmental Protection Agency'' after 
     ``Energy''.
       (d) Comments.--Section 32902(j) of title 49, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting ``(1) Before 
     issuing a notice proposing to prescribe or amend an average 
     fuel economy standard under subsection (b), (c), or (g) of 
     this section, the Secretary of Transportation shall give the 
     Secretary of Energy and Administrator of the Environmental 
     Protection Agency at least 30 days after the receipt of the 
     notice during which the Secretary of Energy and Administrator 
     may, if the Secretary of Energy or Administrator concludes 
     that the proposed standard would adversely affect the 
     conservation goals of the Secretary of Energy or 
     environmental protection goals of the Administrator, provide 
     written comments to the Secretary of Transportation about the 
     impact of the standard on those goals. To the extent the 
     Secretary of Transportation does not revise a proposed 
     standard to take into account comments of the Secretary of 
     Energy or Administrator on any adverse impact of the 
     standard, the Secretary of Transportation shall include those 
     comments in the notice.''; and
       (2) by inserting ``and the Administrator'' after ``Energy'' 
     each place it appears in paragraph (2).
       (e) Alternative Fuel Economy Standards for Low Volume 
     Manufacturers and New Entrants.--Section 32902(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon the application of an eligible 
     manufacturer, the Secretary of

[[Page 16716]]

     Transportation may prescribe an alternative average fuel 
     economy standard for automobiles manufactured by that 
     manufacturer if the Secretary determines that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) is more stringent than the maximum feasible 
     average fuel economy level that manufacturer can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all automobiles to which this subsection applies; or
       ``(C) classes of automobiles manufactured by eligible 
     manufacturers.
       ``(3) Importers.--Notwithstanding paragraph (1), an 
     importer registered under section 30141(c) may not be 
     exempted as a manufacturer under paragraph (1) for an 
     automobile that the importer--
       ``(A) imports; or
       ``(B) brings into compliance with applicable motor vehicle 
     safety standards prescribed under chapter 301 for an 
     individual described in section 30142.
       ``(4) Application.--The Secretary of Transportation may 
     prescribe the contents of an application for an alternative 
     average fuel economy standard.
       ``(5) Eligible manufacturer defined.--In this section, the 
     term `eligible manufacturer' means a manufacturer that--
       ``(A) is not owned in whole or in part by another 
     manufacturer that sold greater than 0.4 percent of the number 
     of automobiles sold in the United States in the model year 
     prior to the model year to which the application relates;
       ``(B) sold in the United States fewer than 0.4 percent of 
     the number of automobiles sold in the United States in the 
     model year that is 2 years before the model year to which the 
     application relates; and
       ``(C) will sell in the United States fewer than 0.4 percent 
     of the automobiles sold in the United States for the model 
     year for which the alternative average fuel economy standard 
     will apply.
       ``(6) Limitation.--For purposes of this subsection, 
     notwithstanding section 32901(a)(4), the term `automobile 
     manufactured by a manufacturer' includes every automobile 
     manufactuered by a person that controls, is controlled by, or 
     is under common control with the manufacturer.''.
       (f) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways and rated at not more 
     than 10,000 pounds gross vehicle weight, except--
       ``(A) a vehicle operated only on a rail line;
       ``(B) a vehicle manufactured by 2 or more manufacturers in 
     different stages and less than 10,000 of which are 
     manufactured per year; or
       ``(C) a work truck.''; and
       (2) by adding at the end the following:
       ``(17) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium-duty passenger vehicle (as defined in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations).''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility. The standard shall address characteristics 
     necessary to ensure better management of crash forces in 
     multiple vehicle frontal and side impact crashes between 
     different types, sizes, and weights of automobiles with a 
     gross vehicle weight of 10,000 pounds or less in order to 
     decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (b) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2012; and
       (B) a final rule under such section not later than December 
     31, 2014.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2018.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in subsection 
     (a)(2) and inserting ``5 consecutive model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards such that the total oil 
     savings associated with manufacturers that exceed the 
     prescribed standards are preserved when transferring credits 
     to manufacturers that fail to achieve the prescribed 
     standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile

[[Page 16717]]

     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile and medium-duty 
     and heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive and medium-duty and heavy-duty 
     truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.
                                 ______
                                 
  SA 1796. Mr. HARKIN (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of section 610, insert the following:
       (c) Commodity Exchange Act.--Nothing in this Act affects 
     the jurisdiction of the Commodity Futures Trading Commission 
     with respect to transactions or conduct subject to the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.).
                                 ______
                                 
  SA 1797. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 141, after line 23, add the following:

     SEC. 255. SMART GRID SYSTEM REPORT.

       (a) In General.--The Secretary, acting through the Director 
     of the Office of Electricity Delivery and Energy Reliability 
     (referred to in this section as the ``Secretary''), shall, 
     after consulting with any interested individual or entity as 
     appropriate, no later than one year after enactment, report 
     to Congress concerning the status of smart grid deployments 
     nationwide and any regulatory or government barriers to 
     continued deployment.

     SEC. 256. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       (a) Power Grid Digital Information Technology.--The 
     Secretary, in consultation with the Federal Energy Regulatory 
     Commission and other appropriate agencies, electric 
     utilities, the States, and other stakeholders, shall carry 
     out a program--
       (1) to develop advanced techniques for measuring peak load 
     reductions and energy-efficiency savings from smart metering, 
     demand response, distributed generation, and electricity 
     storage systems;
       (2) to investigate means for demand response, distributed 
     generation, and storage to provide ancillary services;
       (3) to conduct research to advance the use of wide-area 
     measurement and control networks, including data mining, 
     visualization, advanced computing, and secure and dependable 
     communications in a highly-distributed environment;
       (4) to test new reliability technologies in a grid control 
     room environment against a representative set of local outage 
     and wide area blackout scenarios;
       (5) to investigate the feasibility of a transition to time-
     of-use and real-time electricity pricing that directly 
     reflects marginal generation costs;
       (6) to develop algorithms for use in electric transmission 
     system software applications;
       (7) to promote the use of underutilized electricity 
     generation capacity in any substitution of electricity for 
     liquid fuels in the transportation system of the United 
     States; and
       (8) in consultation with the Federal Energy Regulatory 
     Commission, to propose interconnection protocols to enable 
     electric utilities to access electricity stored in vehicles 
     to help meet peak demand loads.
       (b) Smart Grid Regional Demonstration Initiative.--
       (1) In general.--The Secretary shall establish a smart grid 
     regional demonstration initiative (referred to in this 
     subsection as the ``Initiative'') composed of demonstration 
     projects specifically focused on advanced technologies for 
     use in power grid sensing, communications, analysis, and 
     power flow control. The Secretary shall seek to leverage 
     existing smart grid deployments.
       (2) Goals.--The goals of the Initiative shall be--
       (A) to demonstrate the potential benefits of concentrated 
     investments in advanced grid technologies on a regional grid;
       (B) to facilitate the commercial transition from the 
     current power transmission and distribution system 
     technologies to advanced technologies;
       (C) to facilitate the integration of advanced technologies 
     in existing electric networks to improve system performance, 
     power flow control, and reliability;
       (D) to demonstrate protocols and standards that allow for 
     the measurement and validation of the energy savings and 
     greenhouse gas emission reductions associated with the 
     installation and use of energy efficiency and demand response 
     technologies and practices; and
       (E) to investigate differences in each region and 
     regulatory environment regarding best practices in 
     implementing smart grid technologies.
       (3) Demonstration projects.--
       (A) In general.--In carrying out the Initiative, the 
     Secretary shall carry out smart grid demonstration projects 
     in up to 5 electricity control areas, including rural areas 
     and at least 1 area in which the majority of generation and 
     transmission assets are controlled by a tax-exempt entity.
       (B) Cooperation.--A demonstration project under 
     subparagraph (A) shall be carried out in cooperation with the 
     electric utility that owns the grid facilities in the 
     electricity control area in which the demonstration project 
     is carried out.
       (C) Federal share of cost of technology investments.--The 
     Secretary shall provide to an electric utility described in 
     subparagraph (B) financial assistance for use in paying an 
     amount equal to not more than 50 percent of the cost of 
     qualifying advanced grid technology investments made by the 
     electric utility to carry out a demonstration project.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated--
       (A) to carry out subsection (a), such sums as are necessary 
     for each of fiscal years 2008 through 2012; and
       (B) to carry out subsection (b), $100,000,000 for each of 
     fiscal years 2008 through 2012.

     SEC. 257. SMART GRID INTEROPERABILITY FRAMEWORK.

       (a) Interoperability Framework.--The Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission''), in cooperation with other relevant federal 
     agencies, shall coordinate with smart grid stakeholders to 
     develop protocols for

[[Page 16718]]

     the establishment of a flexible framework for the connection 
     of smart grid devices and systems that would align policy, 
     business, and technology approaches in a manner that would 
     enable all electric resources, including demand-side 
     resources, to contribute to an efficient, reliable 
     electricity network.
       (c) Scope of Framework.--The framework developed under 
     subsection (b) shall be designed--
       (1) to accommodate traditional, centralized generation and 
     transmission resources and consumer distributed resources, 
     including distributed generation, renewable generation, 
     energy storage, energy efficiency, and demand response and 
     enabling devices and systems;
       (2) to be flexible to incorporate--
       (A) regional and organizational differences; and
       (B) technological innovations; and
       (3) to include voluntary uniform standards for certain 
     classes of mass-produced electric appliances and equipment 
     for homes and businesses that enable customers, at their 
     election and consistent with applicable state and federal 
     laws, are manufactured with the ability to respond to 
     electric grid emergencies and demand response signals by 
     curtailing all, or a portion of, the electrical power 
     consumed by the appliances or equipment in response to an 
     emergency or demand response signal, including through--
       (A) load reduction. to reduce total electrical demand;
       (B) adjustment of load to provide grid ancillary services; 
     and
       (C) in the event of a reliability crisis that threatens an 
     outage, short-term load shedding to help preserve the 
     stability of the grid.
       (4) Such voluntary standards should incorporate appropriate 
     manufacturer lead time.

     SEC. 258. STATE CONSIDERATION OF SMART GRID.

       Section 111(d) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
     end the following:
       ``(16) Consideration of smart grid investments.--Each State 
     shall consider requiring that, prior to undertaking 
     investments in nonadvanced grid technologies, an electric 
     utility of the State demonstrate to the State that the 
     electric utility considered an investment in a qualified 
     smart grid system based on appropriate factors, including--
       ``(i) cost-effectiveness;
       ``(ii) improved reliability;
       ``(iii) security; and
       ``(iv) system performance.
       ``(v) societal benefit
       ``(B) Rate recovery.--Each State shall consider authorizing 
     each electric utility of the State to recover from ratepayers 
     any capital, operating expenditure, or other costs of the 
     electric utility relating to the deployment of a qualified 
     smart grid system, including a reasonable rate of return on 
     the capital expenditures of the electric utility for the 
     deployment of the qualified smart grid system.
       ``(C) Obsolete equipment.--Each State shall consider 
     authorizing any electric utility or other party of the State 
     to deploy a qualified smart grid system to recover in a 
     timely manner the remaining book-value costs of any equipment 
     rendered obsolete by the deployment of the qualified smart 
     grid system, based on the remaining depreciable life of the 
     obsolete equipment.
       ``(17) Smart grid consumer information.--
       ``(A) In general.--Each State may provide to each 
     electricity consumer located in the State direct access, in 
     written and electronic machine-readable form, information 
     describing--
       ``(i) the time-based use, price, and source of the 
     electricity delivered to the consumer; and
       ``(ii) any available optional electricity supplies 
     (including the price and quantity of the optional electricity 
     supplies).
                                 ______
                                 
  SA 1798. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce 
our Nation's dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new emerging 
energy technologies, developing greater efficiency, and creating a 
Strategic Energy Efficiency and Renewables Reserve to invest in 
alternative energy, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 79, strike line 8 and all that follows 
     through page 80, line 4, and insert the following:
       ``(6) Energy conservation standard.--
       ``(A) In general.--The term `energy conservation standard' 
     means 1 or more performance standards that--
       ``(i) for covered products (excluding clothes washers, 
     dishwashers, showerheads, faucets, water closets, and 
     urinals), prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323;
       ``(ii) for showerheads, faucets, water closets, and 
     urinals, prescribe a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(iii) for clothes washers and dishwashers--

       ``(I) prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(II) may include a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     those test procedures.

       ``(B) Inclusions.--The term `energy conservation standard' 
     includes--
       ``(i) 1 or more design requirements, if the requirements 
     were established--

       ``(I) on or before the date of enactment of this subclause; 
     or
       ``(II) as part of a consensus agreement under section 
     325(hh); and

       ``(ii) any other requirements that the Secretary may 
     prescribe under section 325(r).
       ``(C) Exclusion.--The term `energy conservation standard' 
     does not include a performance standard for a component of a 
     finished covered product, unless regulation of the component 
     is authorized or established pursuant to this title.''.
       Beginning on page 87, strike line 16 and all that follows 
     through page 90, line 25, and insert the following:

     SEC. 224. EXPEDITED RULEMAKINGS.

       (a) Procedure for Prescribing New or Amended Standards.--
     Section 325(p) of the Energy Policy and Conservation Act (42 
     U.S.C. 6295(p)) is amended by adding at the end the 
     following:
       ``(5) Direct final rules.--
       ``(A) In general.--On receipt of a statement that is 
     submitted jointly by interested persons that are fairly 
     representative of relevant points of view (including 
     representatives of manufacturers of covered products, States, 
     and efficiency advocates), as determined by the Secretary, 
     and contains recommendations with respect to an energy or 
     water conservation standard--
       ``(i) if the Secretary determines that the recommended 
     standard contained in the statement is in accordance with 
     subsection (o) or section 342(a)(6)(B), as applicable, the 
     Secretary may issue a final rule that establishes an energy 
     or water conservation standard and is published 
     simultaneously with a notice of proposed rulemaking that 
     proposes a new or amended energy or water conservation 
     standard that is identical to the standard established in the 
     final rule to establish the recommended standard (referred to 
     in this paragraph as a `direct final rule'); or
       ``(ii) if the Secretary determines that a direct final rule 
     cannot be issued based on the statement, the Secretary shall 
     publish a notice of the determination, together with an 
     explanation of the reasons for the determination.
       ``(B) Public comment.--The Secretary shall--
       ``(i) solicit public comment with respect to each direct 
     final rule issued by the Secretary under subparagraph (A)(i); 
     and
       ``(ii) publish a response to each comment so received.
       ``(C) Withdrawal of direct final rules.--
       ``(i) In general.--Not later than 120 days after the date 
     on which a direct final rule issued under subparagraph (A)(i) 
     is published in the Federal Register, the Secretary shall 
     withdraw the direct final rule if--

       ``(I) the Secretary receives 1 or more adverse public 
     comments relating to the direct final rule under subparagraph 
     (B)(i); and
       ``(II) based on the complete rulemaking record relating to 
     the direct final rule, the Secretary tentatively determines 
     that the adverse public comments are relevant under 
     subsection (o), section 342(a)(6)(B), or any other applicable 
     law.

       ``(ii) Action on withdrawal.--On withdrawal of a direct 
     final rule under clause (i), the Secretary shall--

       ``(I) proceed with the notice of proposed rulemaking 
     published simultaneously with the direct final rule as 
     described in subparagraph (A)(i); and
       ``(II) publish in the Federal Register the reasons why the 
     direct final rule was withdrawn.

       ``(iii) Treatment of withdrawn direct final rules.--A 
     direct final rule that is withdrawn under clause (i) shall 
     not be considered to be a final rule for purposes of 
     subsection (o).
       ``(D) Effect of paragraph.--Nothing in this paragraph 
     authorizes the Secretary to issue a direct final rule based 
     solely on receipt of more than 1 statement containing 
     recommended standards relating to the direct final rule.''.
       (b) Conforming Amendment.--Section 345(b)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended 
     in the first sentence by inserting ``section 325(p)(5),'' 
     after ``The provisions of''.
       Beginning on page 91, strike line 20 and all that follows 
     through page 95, line 25, and insert the following:
       (b) Energy Conservation Standards.--Section 325(m) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(m)) is 
     amended--
       (1) by designating the first and second sentences as 
     paragraphs (1) and (4), respectively;

[[Page 16719]]

       (2) by striking paragraph (1) (as so designated) and 
     inserting the following:
       ``(1) In general.--After issuance of the last final rules 
     required for a product under this part, the Secretary shall, 
     not later than 5 years after the date of issuance of a final 
     rule establishing or amending a standard or determining not 
     to amend a standard, publish a final rule to determine 
     whether standards for the product should or should not be 
     amended based on the criteria in subsection (n)(2).
       ``(2) Analysis.--Prior to publication of the determination, 
     the Secretary shall publish a notice of availability 
     describing the analysis of the Department and provide 
     opportunity for written comment.
       ``(3) Final rule.--Not later than 3 years after a positive 
     determination under paragraph (1), the Secretary shall 
     publish a final rule amending the standard for the 
     product.''; and
       (3) in paragraph (4) (as so designated), by striking ``(4) 
     An'' and inserting the following:
       ``(4) Application of amendment.--An''.
       (c) Standards.--Section 342(a)(6) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(a)(6)) is amended by 
     striking ``(6)(A)(i)'' and all that follows through the end 
     of subparagraph (A) and inserting the following:
       ``(6) Amended energy efficiency standards.--
       ``(A) In general.--
       ``(i) Analysis of potential energy savings.--If ASHRAE/IES 
     Standard 90.1 is amended with respect to any small commercial 
     package air conditioning and heating equipment, large 
     commercial package air conditioning and heating equipment, 
     very large commercial package air conditioning and heating 
     equipment, packaged terminal air conditioners, packaged 
     terminal heat pumps, warm-air furnaces, packaged boilers, 
     storage water heaters, instantaneous water heaters, or 
     unfired hot water storage tanks, not later than 180 days 
     after the amendment of the standard, the Secretary shall 
     publish in the Federal Register for public comment an 
     analysis of the energy savings potential of amended energy 
     efficiency standards.
       ``(ii) Amended uniform national standard for products.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than 18 months after the date of publication of the 
     amendment to the ASHRAE/IES Standard 90.1 for a product 
     described in clause (i), the Secretary shall establish an 
     amended uniform national standard for the product at the 
     minimum level specified in the amended ASHRAE/IES Standard 
     90.1.
       ``(II) More stringent standard.--Subclause (I) shall not 
     apply if the Secretary determines, by rule published in the 
     Federal Register, and supported by clear and convincing 
     evidence, that adoption of a uniform national standard more 
     stringent than the amended ASHRAE/IES Standard 90.1 for the 
     product would result in significant additional conservation 
     of energy and is technologically feasible and economically 
     justified.

       ``(iii) Rule.--If the Secretary makes a determination 
     described in clause (ii)(II) for a product described in 
     clause (i), not later than 30 months after the date of 
     publication of the amendment to the ASHRAE/IES Standard 90.1 
     for the product, the Secretary shall issue the rule 
     establishing the amended standard.''.
       Beginning on page 96, strike line 22 and all that follows 
     through page 98, line 13, and insert the following:

     SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC 
                   PRODUCTS.

       (a) In General.--Section 324(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294(a)) is amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(H) Labeling requirements.--
       ``(i) In general.--Subject to clauses (ii) through (iv), 
     not later than 18 months after the date of issuance of 
     applicable Department of Energy testing procedures, the 
     Commission, in consultation with the Secretary and the 
     Administrator of the Environmental Protection Agency (acting 
     through the Energy Star program), shall, by regulation, 
     promulgate labeling or other disclosure requirements for the 
     energy use of--

       ``(I) televisions;
       ``(II) personal computers;
       ``(III) cable or satellite set-top boxes;
       ``(IV) stand-alone digital video recorder boxes; and
       ``(V) personal computer monitors.

       ``(ii) Alternate testing procedures.--In the absence of 
     applicable testing procedures described in clause (i) for 
     products described in subclauses (I) through (V) of that 
     clause, the Commission may by regulation promulgate labeling 
     requirements for a consumer product category described in 
     clause (i) if the Commission--

       ``(I) identifies adequate non-Department of Energy testing 
     procedures for those products; and
       ``(II) determines that labeling of those products is likely 
     to assist consumers in making purchasing decisions.

       ``(iii) Deadline and requirements for labeling.--

       ``(I) Deadline.--Not later than 18 months after the date of 
     promulgation of any requirements under clause (i) or (ii), 
     the Commission shall require labeling of electronic products 
     described in clause (i).
       ``(II) Requirements.--The requirements promulgated under 
     clause (i) or (ii) may include specific requirements for each 
     electronic product to be labeled with respect to the 
     placement, size, and content of Energy Guide labels.

       ``(iv) Determination of feasibility.--Clause (i) or (ii) 
     shall not apply in any case in which the Commission 
     determines that labeling in accordance with this subsection--

       ``(I) is not technologically or economically feasible; or
       ``(II) is not likely to assist consumers in making 
     purchasing decisions.''; and

       (2) by adding at the end the following:
       ``(6) Authority to include additional product categories.--
     The Commission may require labeling in accordance with this 
     subsection for any consumer product not specified in this 
     subsection or section 322 if the Commission determines that 
     labeling for the product is likely to assist consumers in 
     making purchasing decisions.''.
       (b) Content of Label.--Section 324(c) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6924(c)) is amended by adding 
     at the end the following:
       ``(9) Discretionary application.--The Commission may apply 
     paragraphs (1), (2), (3), (5), and (6) of this subsection to 
     the labeling of any product covered by paragraph (2)(H) or 
     (6) of subsection (a).''.
       On page 157, line 5, strike ``and if'' and insert the 
     following: ``the Secretary of Housing and Urban Development 
     or the Secretary of Agriculture make a determination that the 
     revised codes do not negatively affect the availability or 
     affordability of new construction of assisted housing and 
     single family and multifamily residential housing (other than 
     manufactured homes) subject to mortgages insured under the 
     National Housing Act (12 U.S.C. 1701 et seq.) or insured, 
     guaranteed, or made by the Secretary of Agriculture under 
     title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), 
     respectively, and''.
       On page 106, line 23, strike ``2012'' and insert ``2015''.
       On page 106, line 24, strike ``2012'' and insert ``2015''.
       On page 107, line 3, strike ``2012'' and insert ``2015''.
       On page 147, line 20, strike ``from a public utility 
     service''.
       On page 166, line 15, insert ``, Indian tribal,'' after 
     ``State''.
       On page 166, line 18, insert ``of Indian tribes or'' after 
     ``activities''.
       On page 166, line 21, insert ``, Indian tribes,'' after 
     ``States''.
       On page 167, line 12, insert ``, indian tribes,'' after 
     ``States''.
       On page 167, line 17, strike ``70'' and insert ``68''.
       On page 167, line 18, strike ``and''.
       On page 167, line 19, strike ``30'' and insert ``28''.
       On page 167, line 19, strike the period and insert ``; 
     and''.
       On page 167, between lines 19 and 20, insert the following:
       ``(iii) 4 percent to Indian tribes.
       On page 169, between lines 11 and 12, insert the following:
       ``(D) Distribution to indian tribes.--
       ``(i) In general.--The Secretary shall establish a formula 
     for the distribution of amounts under subparagraph (A)(iii) 
     to eligible Indian tribes, taking into account any factors 
     that the Secretary determines to be appropriate, including 
     the residential and daytime population of the eligible Indian 
     tribes.
       ``(ii) Criteria.--Amounts shall be distributed to eligible 
     Indian tribes under clause (i) only if the eligible Indian 
     tribes meet the criteria for distribution established by the 
     Secretary for Indian tribes.
       On page 170, line 1, strike ``(B)(ii) or (C)(ii)'' and 
     insert ``(B)(ii), (C)(ii), or (D)(ii)''.
       On page 170, lines 10 and 11, strike ``(B)(ii) or (C)(ii)'' 
     and insert ``(B)(ii), (C)(ii), or (D)(ii)''.
       On page 171, line 7, insert ``tribal,'' after ``State,''.
       On page 171, line 20, insert ``, Indian tribes,'' after 
     ``States''.
       On page 171, line 24, insert ``Indian tribe,'' after 
     ``State,''.
                                 ______
                                 
  SA 1799. Mrs. BOXER (for herself, Mr. Alexander, Mr. Warner, Mr. 
Lieberman, Mrs. Feinstein, and Mr. McConnell) submitted an amendment 
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to 
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:
       On page 192, after line 21, add the following:

[[Page 16720]]



     SEC. 305. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS 
                   DEMONSTRATION PROGRAM.

       The first section of the Act of March 4, 1911 (2 U.S.C. 
     2162; 36 Stat. 1414, chapter 285), is amended in the seventh 
     undesignated paragraph (relating to the Capitol power plant), 
     under the heading ``Public buildings'', under the heading 
     ``Under the Department of the Interior''--
       (1) by striking ``ninety thousand dollars:'' and inserting 
     ``$90,000.''; and
       (2) by striking ``Provided, That hereafter the'' and all 
     that follows through the end of the proviso and inserting the 
     following:
       ``(a) Designation.--The heating, lighting, and power plant 
     constructed under the terms of the Act approved April 28, 
     1904 (33 Stat. 479, chapter 1762), shall be known as the 
     `Capitol power plant', and all vacancies occurring in the 
     force operating that plant and the substations in connection 
     with the plant shall be filled by the Architect of the 
     Capitol, with the approval of the commission in control of 
     the House Office Building appointed under the first section 
     of the Act of March 4, 1907 (2 U.S.C. 2001).
       ``(b) Capitol Power Plant Carbon Dioxide Emissions 
     Demonstration Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(B) Carbon dioxide energy efficiency.--The term `carbon 
     dioxide energy efficiency', with respect to a project, means 
     the quantity of electricity used to power equipment for 
     carbon dioxide capture and storage or use.
       ``(C) Program.--The term `program' means the competitive 
     grant demonstration program established under paragraph 
     (2)(B).
       ``(2) Establishment of program.--
       ``(A) Feasibility study.--Not later than 180 days after the 
     date of enactment of this section, the Architect of the 
     Capitol, in cooperation with the Administrator, shall 
     complete a feasibility study evaluating the available methods 
     to proceed with the project and program established under 
     this section, taking into consideration--
       ``(i) the availability of carbon capture technologies;
       ``(ii) energy conservation and carbon reduction strategies; 
     and
       ``(iii) security of operations at the Capitol power plant.
       ``(B) Competitive grant program.--The Architect of the 
     Capitol, in cooperation with the Administrator, shall 
     establish a competitive grant demonstration program under 
     which the Architect of the Capitol shall, subject to the 
     availability of appropriations, provide to eligible entities, 
     as determined by the Architect of the Capitol, in cooperation 
     with the Administrator, grants to carry out projects to 
     demonstrate, during the 2-year period beginning on the date 
     of enactment of this subsection, the capture and storage or 
     use of carbon dioxide emitted from the Capitol power plant as 
     a result of burning coal.
       ``(3) Requirements.--
       ``(A) Provision of grants.--
       ``(i) In general.--The Architect of the Capitol, in 
     cooperation with the Administrator, shall provide the grants 
     under the program on a competitive basis.
       ``(ii) Factors for consideration.--In providing grants 
     under the program, the Architect of the Capitol, in 
     cooperation with the Administrator, shall take into 
     consideration--

       ``(I) the practicability of conversion by the proposed 
     project of carbon dioxide into useful products, such as 
     transportation fuel;
       ``(II) the carbon dioxide energy efficiency of the proposed 
     project; and
       ``(III) whether the proposed project is able to reduce more 
     than 1 air pollutant regulated under this Act.

       ``(B) Requirements for entities.--An entity that receives a 
     grant under the program shall--
       ``(i) use to carry out the project of the entity a 
     technology designed to reduce or eliminate emission of carbon 
     dioxide that is in existence on the date of enactment of this 
     subsection that has been used--

       ``(I) by not less than 3 other facilities (including a 
     coal-fired power plant); and
       ``(II) on a scale of not less than 5 times the size of the 
     proposed project of the entity at the Capitol power plant; 
     and

       ``(ii) carry out the project of the entity in consultation 
     with, and with the concurrence of, the Architect of the 
     Capitol and the Administrator.
       ``(C) Consistency with capitol power plant modifications.--
     The Architect of the Capitol may require changes to a project 
     under the program that are necessary to carry out any 
     modifications to be made to the Capitol power plant.
       ``(4) Incentive.--In addition to the grant under this 
     subsection, the Architect of the Capitol may provide to an 
     entity that receives such a grant an incentive award in an 
     amount equal to not more than $50,000, of which--
       ``(A) $15,000 shall be provided after the project of the 
     entity has sustained operation for a period of 100 days, as 
     determined by the Architect of the Capitol;
       ``(B) $15,000 shall be provided after the project of the 
     entity has sustained operation for a period of 200 days, as 
     determined by the Architect of the Capitol; and
       ``(C) $20,000 shall be provided after the project of the 
     entity has sustained operation for a period of 300 days, as 
     determined by the Architect of the Capitol.
       ``(5) Termination.--The program shall terminate on the date 
     that is 2 years after the date of enactment of this 
     subsection.
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the program $3,000,000.''.
                                 ______
                                 
  SA 1800. Mr. KYL proposed an amendment to amendment SA 1704 proposed 
by Mr. Baucus (himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. 
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe), to the amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:
       On page 69, lines 17 to 20, strike ``to so much of the 
     renewable diesel produced at such facility and sold or used 
     during the taxable year in a qualified biodiesel mixture as 
     exceeds 60,000,000 gallons''.
                                 ______
                                 
  SA 1801. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike subtitle B of title VIII.
                                 ______
                                 
  SA 1802. Mr. DORGAN (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 1704 proposed by Mr. 
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. 
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL 
                   COSTS.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30D. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL 
                   COSTS.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of--
       ``(1) the hydrogen installation and infrastructure costs 
     credit determined under subsection (b), and
       ``(2) the hydrogen fuel costs credit determined under 
     subsection (c).
       ``(b) Hydrogen Installation and Infrastructure Costs 
     Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     hydrogen installation and infrastructure costs credit 
     determined under this subsection with respect to each 
     eligible hydrogen production and distribution facility of the 
     taxpayer is an amount equal to--
       ``(A) 50 percent of so much of the installation costs which 
     when added to such costs taken into account with respect to 
     such facility for all preceding taxable years under this 
     subparagraph does not exceed $200,000, plus
       ``(B) 30 percent of so much of the infrastructure costs for 
     the taxable year as does not exceed $200,000 with respect to 
     such facility, and which when added to such costs taken into 
     account with respect to such facility for all preceding 
     taxable years under this subparagraph does not exceed 
     $600,000.
     Nothing in this section shall permit the same cost to be 
     taken into account more than once.

[[Page 16721]]

       ``(2) Eligible hydrogen production and distribution 
     facility.--For purposes of this subsection, the term 
     `eligible hydrogen production and distribution facility' 
     means a hydrogen production and distribution facility which 
     has received from the Secretary an allocation from the 
     national hydrogen installation, infrastructure, and fuel 
     credit limitation.
       ``(c) Hydrogen Fuel Costs Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     hydrogen fuel costs credit determined under this subsection 
     with respect to each eligible hydrogen device of the taxpayer 
     is an amount equal to the qualified hydrogen expenditure 
     amounts with respect to such device.
       ``(2) Qualified hydrogen expenditure amount.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified hydrogen expenditure 
     amount' means, with respect to each eligible hydrogen energy 
     conversion device of the taxpayer with a production capacity 
     of not more than 25 kilowatts of electricity per year, the 
     lesser of--
       ``(i) 30 percent of the amount paid or incurred by the 
     taxpayer during the taxable year for hydrogen which is 
     consumed by such device, and
       ``(ii) $2,000.
     In the case of any device which is not owned by the taxpayer 
     at all times during the taxable year, the $2,000 amount in 
     subparagraph (B) shall be reduced by an amount which bears 
     the same ratio to $2,000 as the portion of the year which 
     such device is not owned by the taxpayer bears to the entire 
     year.
       ``(B) Higher limitation for devices with more production 
     capacity.--In the case of any eligible hydrogen energy 
     conversion device with a production capacity of--
       ``(i) more than 25 but less than 100 kilowatts of 
     electricity per year, subparagraph (A) shall be applied by 
     substituting `$4,000' for `$2,000' each place it appears, and
       ``(ii) not less than 100 kilowatts of electricity per year, 
     subparagraph (A) shall be applied by substituting `$6,000' 
     for `$2,000' each place it appears.
       ``(3) Eligible hydrogen energy conversion devices.--For 
     purposes of this subsection--
       ``(A) In general.--The term `eligible hydrogen energy 
     conversion device' means, with respect to any taxpayer, any 
     hydrogen energy conversion device which--
       ``(i) is placed in service after December 31, 2004,
       ``(ii) is wholly owned by the taxpayer during the taxable 
     year, and
       ``(iii) has received from the Secretary an allocation from 
     the national hydrogen installation, infrastructure, and fuel 
     credit limitation.
     If an owner of a device (determined without regard to this 
     subparagraph) provides to the primary user of such device a 
     written statement that such user shall be treated as the 
     owner of such device for purposes of this section, then such 
     user (and not such owner) shall be so treated.
       ``(B) Hydrogen energy conversion device.--The term 
     `hydrogen energy conversion device' means--
       ``(i) any electrochemical device which converts hydrogen 
     into electricity, and
       ``(ii) any combustion engine which burns hydrogen as a 
     fuel.
       ``(d) National Hydrogen Installation, Infrastructure, and 
     Fuel Credit Limitation.--
       ``(1) In general.--There is a national hydrogen 
     installation, infrastructure, and fuel credit limitation for 
     each fiscal year. Such limitation is $15,000,000 for fiscal 
     year 2008, $30,000,000 for fiscal year 2009, and $40,000,000 
     for fiscal year 2010.
       ``(2) Allocation.--Not later than 90 days after the date of 
     the enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a hydrogen 
     installation, infrastructure, and fuel credit allocation 
     program.
       ``(e) Reduction in Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this paragraph) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(f) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to amounts 
     which (but for subsection (g) would be allowed as a deduction 
     under section 162 shall be treated as a credit listed in 
     section 38(b) for such taxable year (and not allowed under 
     subsection (a)).
       ``(2) Personal credit.--The credit allowed under subsection 
     (a) (after the application of paragraph (1)) for any taxable 
     year shall not exceed the excess (if any) of--
       ``(A) the regular tax liability (as defined in section 
     26(b)) reduced by the sum of the credits allowable under 
     subpart A and sections 27, 30, 30B, and 30C, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(g) Denial of Double Benefit.--The amount of any 
     deduction or other credit allowable under this chapter for 
     any cost taken into account in determining the amount of the 
     credit under subsection (a) shall be reduced by the amount of 
     such credit attributable to such cost.
       ``(h) Recapture.--The Secretary shall, by regulations, 
     provided for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(i) Election Not to Take Credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of such Code is amended by striking 
     ``plus'' at the end of paragraph (30), by striking the period 
     at the end of paragraph (31) and inserting ``plus'', and by 
     adding at the end the following new paragraph:
       ``(32) the portion of the hydrogen installation, 
     infrastructure, and fuel credit to which section 30D(f)(1) 
     applies.''.
       (2) Section 55(c)(3) of such Code is amended by inserting 
     ``30D(f)(2),'' after ``30C(d)(2),''.
       (3) Section 1016(a) of such Code is amended by striking 
     ``and'' at the end of paragraph (36), by striking the period 
     at the end of paragraph (37) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(38) to the extent provided in section 30D(e).''.
       (4) Section 6501(m) of such Code is amended by inserting 
     ``30D(i),'' after ``30C(e)(5),''.
       (5) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 30C the 
     following new item:

``Sec. 30D. Hydrogen installation, infrastructure, and fuel costs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2007, in taxable years ending after such date.
                                 ______
                                 
  SA 1803. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 1704 proposed by Mr. 
Baucus (for himself, Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. 
Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) to the amendment SA 
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's 
dependency on foreign oil by investing in clean, renewable, and 
alternative energy resources, promoting new emerging energy 
technologies, developing greater efficiency, and creating a Strategic 
Energy Efficiency and Renewables Reserve to invest in alternative 
energy, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADVANCED TECHNOLOGY MOTOR VEHICLE COMPONENT 
                   MANUFACTURING CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to foreign tax credit, etc.) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following new section:

     ``SEC. 30E. ADVANCED TECHNOLOGY MOTOR VEHICLE COMPONENT 
                   MANUFACTURING CREDIT.

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 35 percent of the qualified investment of 
     an eligible taxpayer for such taxable year.
       ``(b) Qualified Investment.--For purposes of this section--
       ``(1) In general.--The qualified investment for any taxable 
     year is equal to the incremental costs incurred during such 
     taxable year--
       ``(A) to re-equip, expand, or establish any manufacturing 
     facility in the United States of the eligible taxpayer to 
     produce eligible advanced technology motor vehicle 
     components,
       ``(B) for engineering integration performed in the United 
     States of such components as described in subsection (d),
       ``(C) for research and development performed in the United 
     States related to such components, and
       ``(D) for employee retraining with respect to the 
     manufacturing of such components (determined without regard 
     to wages or salaries of such retrained employees).
       ``(2) Attribution rules.--In the event a facility of the 
     eligible taxpayer produces both eligible advanced technology 
     motor vehicle components and non-eligible advanced technology 
     motor vehicle components, only the qualified investment 
     attributable to production of eligible advanced technology 
     motor vehicle components shall be taken into account.
       ``(c) Definitions.--In this section:
       ``(1) Eligible advanced technology motor vehicle 
     component.--
       ``(A) In general.--The term `eligible advanced technology 
     motor vehicle component'

[[Page 16722]]

     means any component inherent to any advanced technology motor 
     vehicle, including--
       ``(i) with respect to any gasoline or diesel-electric new 
     qualified hybrid motor vehicle--

       ``(I) electric motor or generator;
       ``(II) power split device;
       ``(III) power control unit;
       ``(IV) power controls;
       ``(V) integrated starter generator; or
       ``(VI) battery;

       ``(ii) with respect to any hydraulic new qualified hybrid 
     motor vehicle--

       ``(I) accumulator or other energy storage device;
       ``(II) hydraulic pump;
       ``(III) hydraulic pump-motor assembly;
       ``(IV) power control unit; and
       ``(V) power controls;

       ``(iii) with respect to any new advanced lean burn 
     technology motor vehicle--

       ``(I) diesel engine;
       ``(II) turbo charger;
       ``(III) fuel injection system; or
       ``(IV) after-treatment system, such as a particle filter or 
     NOx absorber; and

       ``(iv) with respect to any advanced technology motor 
     vehicle, any other component submitted for approval by the 
     Secretary.
       ``(B) Advanced technology motor vehicle.--The term 
     `advanced technology motor vehicle' means--
       ``(i) any qualified electric vehicle (as defined in section 
     30(c)(1)),
       ``(ii) any new qualified fuel cell motor vehicle (as 
     defined in section 30B(b)(3)),
       ``(iii) any new advanced lean burn technology motor vehicle 
     (as defined in section 30B(c)(3)),
       ``(iv) any new qualified hybrid motor vehicle (as defined 
     in section 30B(d)(2)(A) and determined without regard to any 
     gross vehicle weight rating),
       ``(v) any new qualified alternative fuel motor vehicle (as 
     defined in section 30B(e)(4), including any mixed-fuel 
     vehicle (as defined in section 30B(e)(5)(B)), and
       ``(vi) any other motor vehicle using electric drive 
     transportation technology (as defined in paragraph (3)).
       ``(C) Electric drive transportation technology.--The term 
     `electric drive transportation technology' means technology 
     used by vehicles that use an electric motor for all or part 
     of their motive power and that may or may not use off-board 
     electricity, such as battery electric vehicles, fuel cell 
     vehicles, engine dominant hybrid electric vehicles, plug-in 
     hybrid electric vehicles, and plug-in hybrid fuel cell 
     vehicles.
       ``(2) Eligible taxpayer.--The term `eligible taxpayer' 
     means any taxpayer if more than 20 percent of the taxpayer's 
     gross receipts for the taxable year is derived from the 
     manufacture of automotive components.
       ``(d) Engineering Integration Costs.--For purposes of 
     subsection (b)(1)(B), costs for engineering integration are 
     costs incurred prior to the market introduction of advanced 
     technology vehicles for engineering tasks related to--
       ``(1) establishing functional, structural, and performance 
     requirements for component and subsystems to meet overall 
     vehicle objectives for a specific application,
       ``(2) designing interfaces for components and subsystems 
     with mating systems within a specific vehicle application,
       ``(3) designing cost effective, efficient, and reliable 
     manufacturing processes to produce components and subsystems 
     for a specific vehicle application, and
       ``(4) validating functionality and performance of 
     components and subsystems for a specific vehicle application.
       ``(e) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(1) the sum of the regular tax liability (as defined in 
     section 26(b)) for such taxable year plus the tax imposed by 
     section 55 for such taxable year, over
       ``(2) the sum of the credits allowable under subpart A and 
     sections 27, 30, and 30B for the taxable year.
       ``(f) Reduction in Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this paragraph) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(g) No Double Benefit.--
       ``(1) Coordination with other deductions and credits.--
     Except as provided in paragraph (2), the amount of any 
     deduction or other credit allowable under this chapter for 
     any cost taken into account in determining the amount of the 
     credit under subsection (a) shall be reduced by the amount of 
     such credit attributable to such cost.
       ``(2) Research and development costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any amount described in subsection (b)(1)(C) taken into 
     account in determining the amount of the credit under 
     subsection (a) for any taxable year shall not be taken into 
     account for purposes of determining the credit under section 
     41 for such taxable year.
       ``(B) Costs taken into account in determining base period 
     research expenses.--Any amounts described in subsection 
     (b)(1)(C) taken into account in determining the amount of the 
     credit under subsection (a) for any taxable year which are 
     qualified research expenses (within the meaning of section 
     41(b)) shall be taken into account in determining base period 
     research expenses for purposes of applying section 41 to 
     subsequent taxable years.
       ``(h) Business Carryovers Allowed.--If the credit allowable 
     under subsection (a) for a taxable year exceeds the 
     limitation under subsection (e) for such taxable year, such 
     excess (to the extent of the credit allowable with respect to 
     property subject to the allowance for depreciation) shall be 
     allowed--
       ``(1) as a credit carryback to the taxable year preceding 
     the unused credit year, and
       ``(2) as a carryforward to each of the 20 taxable years 
     immediately following the unused credit year.
     For purposes of this subsection, rules similar to the rules 
     of section 39 shall apply.
       ``(i) Special Rules.--For purposes of this section, rules 
     similar to the rules of section 179A(e)(4) and paragraphs (1) 
     and (2) of section 41(f) shall apply
       ``(j) Election Not to Take Credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(k) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(l) Termination.--This section shall not apply to any 
     qualified investment after December 31, 2012.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) of such Code, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (36), 
     by striking the period at the end of paragraph (37) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(38) to the extent provided in section 30E(f).''.
       (2) Section 6501(m) of such Code is amended by inserting 
     ``30E(j),'' after ``30D(e)(9),''.
       (3) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 30D the 
     following new item:

``Sec. 30E. Advanced technology motor vehicles manufacturing credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts incurred in taxable years beginning 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1804. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MODIFICATION TO CREDIT FOR NEW ADVANCED LEAN BURN 
                   TECHNOLOGY MOTOR VEHICLES.

       (a) Special Rule for Model Year 2009 Advanced Lean Burn 
     Technology Motor Vehicles.--Section 30B(c) is amended by 
     adding at the end the following new paragraph:
       ``(5) Special rule for 2009 model year vehicles.--In the 
     case of any motor vehicle which is manufactured in model year 
     2009--
       ``(A) paragraph (3)(A)(iv)(I) shall be applied by 
     substituting `the Bin 8 Tier II emission standard' for `the 
     Bin 5 Tier II emission standard', and
       ``(B) in applying this subsection to any motor vehicle 
     which is a new advanced lean burn technology motor vehicle by 
     reason of subparagraph (A), the amount of the credit allowed 
     under this subsection shall be an amount equal to 75 percent 
     of the amount which would be otherwise so allowed, determined 
     without regard to this subparagraph.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. ___. INCREASE IN INFORMATION RETURN PENALTIES.

       (a) Failure to File Correct Information Returns.--
       (1) In general.--Section 6721(a)(1) is amended--
       (A) by striking ``$50'' and inserting ``$250'', and
       (B) by striking ``$250,000'' and inserting ``$3,000,000''.
       (2) Reduction where correction in specified period.--
       (A) Correction within 30 days.--Section 6721(b)(1) is 
     amended--
       (i) by striking ``$15'' and inserting ``$50'',
       (ii) by striking ``$50'' and inserting ``$250'', and
       (iii) by striking ``$75,000'' and inserting ``$500,000''.
       (B) Failures corrected on or before august 1.--Section 
     6721(b)(2) is amended--

[[Page 16723]]

       (i) by striking ``$30'' and inserting ``$100'',
       (ii) by striking ``$50'' and inserting ``$250'', and
       (iii) by striking ``$150,000'' and inserting 
     ``$1,500,000''.
       (3) Lower limitation for persons with gross receipts of not 
     more than $5,000,000.--Section 6721(d)(1) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$100,000'' and inserting ``$1,000,000'', 
     and
       (ii) by striking ``$250,000'' and inserting ``$3,000,000'',
       (B) in subparagraph (B)--
       (i) by striking ``$25,000'' and inserting ``$175,000'', and
       (ii) by striking ``$75,000'' and inserting ``$500,000'', 
     and
       (C) in subparagraph (C)--
       (i) by striking ``$50,000'' and inserting ``$500,000'', and
       (ii) by striking ``$150,000'' and inserting ``$1,500,000''.
       (4) Penalty in case of intentional disregard.--Section 
     6721(e) is amended--
       (A) by striking ``$100'' in paragraph (2) and inserting 
     ``$500'',
       (B) by striking ``$250,000'' in paragraph (3)(A) and 
     inserting ``$3,000,000''.
       (b) Failure to Furnish Correct Payee Statements.--
       (1) In general.--Section 6722(a) is amended--
       (A) by striking ``$50'' and inserting ``$250'', and
       (B) by striking ``$100,000'' and inserting ``$1,000,000''.
       (2) Penalty in case of intentional disregard.--Section 
     6722(c) is amended--
       (A) by striking ``$100'' in paragraph (1) and inserting 
     ``$500'', and
       (B) by striking ``$100,000'' in paragraph (2)(A) and 
     inserting ``$1,000,000''.
       (c) Failure to Comply With Other Information Reporting 
     Requirements.--Section 6723 is amended--
       (1) by striking ``$50'' and inserting ``$250'', and
       (2) by striking ``$100,000'' and inserting ``$1,000,000''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to information returns required to 
     be filed on or after January 1, 2008.
                                 ______
                                 
  SA 1805. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 77, between line 27 and 28, insert the following:
       ``(D) knowingly violates for a period of 90 days or more 
     the terms or conditions of the alien's admission or parole 
     into the United States.''
                                 ______
                                 
  SA 1806. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike Section 606 and replace with,

     SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER

       The Secretary of Homeland Security, in coordination with 
     the Comissioner of the Social Security Administration, shall 
     implement a system to allow for the prompt enumeration of a 
     Social Security number after the Secretary of Homeland 
     Security has granted an alien Z nonimmigrant status.
                                 ______
                                 
  SA 1807. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 303, lines 24-28, strike the following sentence:
       ``The requirement that the alien have a residence in a 
     foreign country which the alien has no intention of 
     abandoning shall not apply to an alien described in section 
     214(s) who is seeking to enter as a temporary visitor for 
     pleasure;''
                                 ______
                                 
  SA 1808. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:
       Notwithstanding any other provision of this Act, a Y-1 
     Nonimmigrant:
       (1) may be extended for an indefinite number of subsequent 
     two-year periods, as long as each two-year period is 
     separated by physical presence outside the United States for 
     the immediate prior 12 months,
       (2) may not be accompanied by their spouse and dependents 
     for any of their 2 year periods of work in the United States, 
     and
       (3) may not sponsor a family member to visit them in the 
     United States under the ``parent visa'' created by Section 
     506 of this Act.
                                 ______
                                 
  SA 1809. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 15, strike line 38 and all that follows through 
     page 16, line 18, and insert the following:

     SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

       Section 236(a) of the Immigration and Nationality Act (8 
     U.S.C. 1226(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)(B), by striking ``but'' at the end;
       (3) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) may not provide the alien with release on bond or 
     with conditional parole if the alien--
       ``(A) is a national of a noncontiguous country;
       ``(B) has not been admitted or paroled into the United 
     States; and
       ``(C) was apprehended within 100 miles of the international 
     border of the United States or presents a flight risk, as 
     determined by the Secretary of Homeland Security.''.
                                 ______
                                 
  SA 1810. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 602 and insert the following:

     SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS 
                   ALIENS.

       Notwithstanding any other provision of this Act (or an 
     amendment made by this Act)--
       (1) a Z nonimmigrant shall not be adjusted to the status of 
     a lawful permanent resident; and
       (2) nothing in this section shall be construed to limit the 
     number of times that a Z nonimmigrant can renew the 
     nonimmigrant's status.
                                 ______
                                 
  SA 1811. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of section 1, insert the following:
       (e) Submission to Congress.--
       (1) In general.--Except as provided under paragraph (2), 
     not later than 54 months after the date of the enactment of 
     this Act, the Secretary shall submit a written certification 
     to the President and Congress that--
       (A) the border security and other measures described in 
     subsection (a) are funded, in place, and in operation; and
       (B) there are fewer than 1,000,000 individuals who are 
     unlawfully present in the United States.
       (2) Effect of lack of certification.--If the border 
     security and other measures described in subsection (a) are 
     not funded, are not in place, are not in operation, or if 
     more than 1,000,000 individuals are unlawfully present in the 
     United States on the date that is 54 months after the date of 
     the enactment of this Act, title VI shall be immediately 
     repealed and the legal status and probationary benefits 
     granted to aliens under such title shall be terminated.
                                 ______
                                 
  SA 1812. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 103, line 16, strike ``(b)'' and insert the 
     following:
       (b) Federal Affirmation of Immigration Law Enforcement by 
     States and Political Subdivisions of States.--
       (1) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States in the normal course of 
     carrying out the law enforcement duties of such personnel. 
     This State authority has never been displaced or preempted by 
     Federal law.
       (2) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       (c) Listing of Immigration Violators in the National Crime 
     Information Center Database.--
       (1) Provision of information to the national crime 
     information center.--
       (A) In general.--Except as provided under subparagraph (C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (i) against whom a final order of removal has been issued;

[[Page 16724]]

       (ii) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (iii) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       (iv) whose visa has been revoked.
       (B) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under subparagraph (A) related to 
     an alien who is lawfully admitted to enter or remain in the 
     United States.
       (C) Procedure for removal of erroneous information.--
       (i) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under subparagraph (A) related to such 
     alien.
       (ii) Effect of failure to receive notice.--Under procedures 
     developed under clause (i), failure by the alien to receive 
     notice of a violation of the immigration laws shall not 
     constitute cause for removing information provided by the 
     Secretary under subparagraph (A) related to such alien, 
     unless such information is erroneous.
       (iii) Interim provision of information.--Notwithstanding 
     the 180-day period set forth in subparagraph (A), the 
     Secretary may not provide the information required under 
     subparagraph (A) until the procedures required under this 
     paragraph have been developed and implemented.
       (2) Inclusion of information in the national crime 
     information center database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
       (d)
                                 ______
                                 
  SA 1813. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 309, strike line 15 and all that follows through 
     ``January 1, 2007'' on page 310, line 13, and insert the 
     following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, is employed, and seeks to continue 
     performing labor, services or education;
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, and such alien--

       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in clause (i); or
       ``(II) was, within 2 years of the date on which the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 was introduced in the Senate, the spouse of an alien who 
     was subsequently classified as a Z nonimmigrant under this 
     section, or is eligible for such classification, if--

       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) the spouse has been battered or subjected to extreme 
     cruelty by the spouse or parent, who is a Z nonimmigrant; or
       ``(iii) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph, is 
     physically present in the United States, has maintained 
     continuous physical presence in the United States since 
     January 7, 2004, and was born to or legally adopted by at 
     least 1 parent who is at the time of application described in 
     clause (i) or (ii).''.
       (c) Presence in the United States.--
       (1) In general.--The alien shall establish that the alien 
     was not lawfully present in the United States on January 7, 
     2004.
                                 ______
                                 
  SA 1814. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 312, lines 15 through 17, strike ``(6)(B), 
     (6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B), 
     (9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D), 
     (6)(G), (7),''.
                                 ______
                                 
  SA 1815. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 323, strike lines 4 through 34, and 
     insert the following:
       (ii) English language and civics.--

       (I) Requirement at first renewal.--At or before the time of 
     application for the first extension of Z nonimmigrant status, 
     an alien who is 18 years of age or older must demonstrate an 
     attempt to gain an understanding of the English language and 
     knowledge of United States civics by taking the 
     naturalization test described in paragraphs (1) and (2) of 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)) and by demonstrating enrollment in or 
     placement on a waiting list for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in such paragraphs (1) and 
     (2) of such section 312(a).
       (III) Requirement at third renewal.--At or before the time 
     of application for the third extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must take 
     the Test of English as a Foreign Language (TOEFL) 
     administered by the Educational Testing Service.
       (IV) Requirement at fourth renewal.--At or before the time 
     of application for the fourth extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must retake 
     the TOEFL and receive the lower of--

       (aa) a score of not less than 70; or
       (bb) a score of not less than 20 points higher than the 
     score the alien received when the alien took the TOEFL 
     pursuant to subclause (III).

       (V) Exception.--The requirements of subclauses (I), (II), 
     (III), and (IV) shall not apply to any person who, on the 
     date of the filing of the person's application for an 
     extension of Z nonimmigrant status--

                                 ______
                                 
  SA 1816. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 315, between lines 29 and 30, insert the following:
       (9) Good moral character.--The alien shall establish that 
     the alien has been a person of good moral character, as 
     described in section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)), for the entire period of 
     the alien's unlawful presence in the United States.
                                 ______
                                 
  SA 1817. Ms. STABENOW (for herself, Mr. Kerry, Mr. Schumer, Mr. 
Levin, Mr. Brown, and Ms. Cantwell) submitted an amendment intended to 
be proposed to amendment SA 1704 proposed by Mr. Baucus (for himself, 
Mr. Grassley, Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. 
Salazar, and Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid 
to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by 
investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TAX-EXEMPT FINANCING OF ALTERNATIVE MOTOR VEHICLE 
                   FACILITIES.

       (a) In General.--Subsection (a) of section 142 is amended--
       (1) by striking ``or'' at the end of paragraph (14),
       (2) by striking the period at the end of paragraph (15) and 
     inserting ``, or'', and
       (3) by inserting at the end the following new paragraph:
       ``(16) alternative motor vehicle facility.''.
       (b) Definition.--Section 142 is amended by inserting at the 
     end the following new subsection:
       ``(n) Alternative Motor Vehicle Facility.--
       ``(1) In general.--For purposes of subsection (a)(16), the 
     term `alternative motor vehicle facility' means an automobile 
     development and production facility which was built before 
     1981 and which through financing by the net proceeds of the 
     issue is retrofitted or reconstructed to make such facility 
     compatible for the development and production of qualified 
     alternative motor vehicles or of qualified alternative motor 
     vehicles and component parts for such vehicles.
       ``(2) Qualified alternative motor vehicles.--For purposes 
     of paragraph (1), the term `qualified alternative motor 
     vehicle' means any vehicle described in section 30B or 30D.
       ``(3) National limitation on amount of bonds.--

[[Page 16725]]

       ``(A) National limitation.--The aggregate amount allocated 
     by the Secretary under subparagraph (C) shall not exceed 
     $1,500,000,000, of which not more than $500,000,000 may be 
     allocated to any single taxpayer (determined under rules 
     similar to the rules in paragraphs (6), (7), and (8) of 
     section 179(d)).
       ``(B) Enforcement of national limitation.--An issue shall 
     not be treated as an issue described in subsection (a)(16) if 
     the aggregate face amount of bonds issued pursuant to such 
     issue for any alternative motor vehicle facility (when added 
     to the aggregate face amount of bonds previously so issued 
     for such facility) exceeds the amount allocated to such 
     facility under subparagraph (C).
       ``(C) Allocation by secretary.--The Secretary shall 
     allocate the amount described in subparagraph (A) among State 
     or local governments to finance alternative motor vehicle 
     facilities located within the jurisdictions of such 
     governments in such manner as the Secretary determines 
     appropriate.
       ``(4) Special rules relating to expenditures.--
       ``(A) In general.--An issue shall not be treated as an 
     issue described in subsection (a)(16) unless at least 95 
     percent of the proceeds from the sale of the issue are to be 
     spent for 1 or more facilities within the 5-year period 
     beginning on the date of issuance.
       ``(B) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in 
     subparagraph (A)(i), the Secretary may extend such period if 
     the issuer establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     facilities will continue to proceed with due diligence.
       ``(C) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 95 percent of 
     the proceeds of such issue are expended by the close of the 
     5-year period beginning on the date of issuance (or if an 
     extension has been obtained under subparagraph (B), by the 
     close of the extended period), the issuer shall use all 
     unspent proceeds of such issue to redeem bonds of the issue 
     within 90 days after the end of such period.
       ``(5) Exception for current refunding bonds.--Paragraph (3) 
     shall not apply to any bond (or series of bonds) issued to 
     refund a bond issued under subsection (a)(16) if--
       ``(A) the average maturity date of the issue of which the 
     refunding bond is a part is not later than the average 
     maturity date of the bonds to be refunded by such issue,
       ``(B) the amount of the refunding bond does not exceed the 
     outstanding amount of the refunded bond, and
       ``(C) the refunded bond is redeemed not later than 90 days 
     after the date of the issuance of the refunding bond.

     For purposes of subparagraph (A), average maturity shall be 
     determined in accordance with section 147(b)(2)(A).''.
       (c) Conforming Amendment.--Section 146(g)(3) is amended by 
     striking ``or (15)'' and inserting ``(15), or (16)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to bonds issued after December 31, 
     2007, and before January 1, 2013.

     SEC. ___. INCREASE IN INFORMATION RETURN PENALTIES.

       (a) Failure to File Correct Information Returns.--
       (1) In general.--Section 6721(a)(1) is amended--
       (A) by striking ``$50'' and inserting ``$250'', and
       (B) by striking ``$250,000'' and inserting ``$3,000,000''.
       (2) Reduction where correction in specified period.--
       (A) Correction within 30 days.--Section 6721(b)(1) is 
     amended--
       (i) by striking ``$15'' and inserting ``$50'',
       (ii) by striking ``$50'' and inserting ``$250'', and
       (iii) by striking ``$75,000'' and inserting ``$500,000''.
       (B) Failures corrected on or before august 1.--Section 
     6721(b)(2) is amended--
       (i) by striking ``$30'' and inserting ``$100'',
       (ii) by striking ``$50'' and inserting ``$250'', and
       (iii) by striking ``$150,000'' and inserting 
     ``$1,500,000''.
       (3) Lower limitation for persons with gross receipts of not 
     more than $5,000,000.--Section 6721(d)(1) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$100,000'' and inserting ``$1,000,000'', 
     and
       (ii) by striking ``$250,000'' and inserting ``$3,000,000'',
       (B) in subparagraph (B)--
       (i) by striking ``$25,000'' and inserting ``$175,000'', and
       (ii) by striking ``$75,000'' and inserting ``$500,000'', 
     and
       (C) in subparagraph (C)--
       (i) by striking ``$50,000'' and inserting ``$500,000'', and
       (ii) by striking ``$150,000'' and inserting ``$1,500,000''.
       (4) Penalty in case of intentional disregard.--Section 
     6721(e) is amended--
       (A) by striking ``$100'' in paragraph (2) and inserting 
     ``$500'',
       (B) by striking ``$250,000'' in paragraph (3)(A) and 
     inserting ``$3,000,000''.
       (b) Failure to Furnish Correct Payee Statements.--
       (1) In general.--Section 6722(a) is amended--
       (A) by striking ``$50'' and inserting ``$250'', and
       (B) by striking ``$100,000'' and inserting ``$1,000,000''.
       (2) Penalty in case of intentional disregard.--Section 
     6722(c) is amended--
       (A) by striking ``$100'' in paragraph (1) and inserting 
     ``$500'', and
       (B) by striking ``$100,000'' in paragraph (2)(A) and 
     inserting ``$1,000,000''.
       (c) Failure to Comply With Other Information Reporting 
     Requirements.--Section 6723 is amended--
       (1) by striking ``$50'' and inserting ``$250'', and
       (2) by striking ``$100,000'' and inserting ``$1,000,000''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to information returns required to 
     be filed on or after January 1, 2008.
                                 ______
                                 
  SA 1818. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 1704 proposed by Mr. Baucus (for himself, Mr. Grassley, 
Mr. Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and 
Ms. Snowe) to the amendment SA 1502 proposed by Mr. Reid to the bill 
H.R. 6, to reduce our Nation's dependency on foreign oil by investing 
in clean, renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, and 
creating a Strategic Energy Efficiency and Renewables Reserve to invest 
in alternative energy, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 76, line 24, insert ``or eligible for a credit 
     under section 40(b)(2) or 40A(b)(2)'' after ``6426''.
                                 ______
                                 
  SA 1819. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to reduce our Nation's dependency on foreign 
oil by investing in clean, renewable, and alternative energy resources, 
promoting new emerging energy technologies, developing greater 
efficiency, and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other purposes; which 
was ordered to lie on the table; as follows:

     SEC. 885. ADDITIONAL TARIFFS ON OIL AND GAS PRODUCTS OF 
                   VENEZUELA.

       (a) Finding.--The Government of Venezuela has announced its 
     intention to withdraw as a member of the World Trade 
     Organization.
       (b) Additional Tariff.--Notwithstanding any other provision 
     of law, there shall be imposed on any oil or gas product 
     imported from Venezuela, in addition to any other duty that 
     would otherwise apply to such product, a rate of duty of 3 
     percent ad valorem.
       (c) Effective Date.--
       (1) In general.--This section shall apply to any oil or gas 
     product imported from Venezuela on or after the date that is 
     15 days after the date of the enactment of this Act.
       (2) Termination.--The duties imposed under subsection (b) 
     shall cease to apply if--
       (A) the Government of Venezuela files a complaint against 
     the United States claiming that the duties imposed by 
     subsection (b) do not comply with the obligations of the 
     United States under the WTO Agreement (as defined in section 
     2(9) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(9))), or any of the agreements annexed to that 
     Agreement; and
       (B) a dispute settlement panel of the World Trade 
     Organization issues an adverse finding against the United 
     States with respect to such complaint.

                          ____________________