[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Senate]
[Pages 16975-17002]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1820. Mr. BAYH 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 73, after line 18, insert the following:
       (c) Limitation of Ineligible Refinery Property.--Subsection 
     (f)(1) of section 179C is amended by inserting ``virgin'' 
     before ``lube oil facility''.
                                 ______
                                 
  SA 1821. 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

[[Page 16976]]

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' 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.

     SEC. __. INCREASE IN ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

       (a) In General.--

[[Page 16977]]

       (1) Increase in credit percentage.--Subsection (a) of 
     section 30C (relating to alternative fuel vehicle refueling 
     property credit) is amended by striking ``30 percent'' and 
     inserting ``50 percent''.
       (2) Increased limitation amount for businesses.--Paragraph 
     (1) of section 30C(b) is amended by striking ``$30,000'' and 
     inserting ``$50,000''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.
                                 ______
                                 
  SA 1822. Mr. ALEXANDER (for himself and Mr. Domenici) 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 5, line 6, strike ``2014'' and insert ``2011''.
       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--
       ``(A) meets all standards issued by the Environmental 
     Protection Agency applicable to such scrubber or scrubber 
     system, and
       ``(B) receives approval for treatment under subsection 
     (e)(3)(iv) by the Secretary under an allocation process 
     developed by the Secretary to limit the application of this 
     treatment to 12 scrubbers per taxable year.''.
       (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 1823. 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:

       On page 5, line 6, strike ``2014'' and insert ``2011''.
       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 1824. 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:

       On page 158, line 5, strike ``refining, processing'' and 
     insert ``processing (other than refining)''.
                                 ______
                                 
  SA 1825. Ms. LANDRIEU 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 173 of the amendment, strike line 14 and insert the 
     following:
       (b) Coastal Impact Assistance Fund.--
       (1) Establishment.--There is established in the general 
     fund of the Treasury a fund, to be known as the ``Coastal 
     Impact Assistance Fund'' (referred to in this subsection as 
     the ``Fund''), to consist of amounts deposited in the Fund 
     under paragraph (2).
       (2) Deposits.--The Secretary of the Treasury shall deposit 
     into the Fund an amount equal to 37.5 percent of the total 
     amount of revenue received as a result of the taxes imposed 
     under chapter 56 of subtitle E of the Internal Revenue Code 
     of 1986 (as added by subsection (a)).
       (3) Distribution.--For each of fiscal years 2007 through 
     2016, of amounts in the Fund, the Secretary of the Treasury 
     shall transfer to the Secretary of the Interior, without 
     further appropriation, not more than $2,500,000,000 for 
     allocation in accordance with paragraph (4).
       (4) Allocation.--Of amounts transferred to the Secretary of 
     the Interior under paragraph (3), the Secretary of the 
     Interior shall, without further appropriation--
       (A) allocate not more than $1,500,000,000 for disbursement 
     to Gulf producing States and coastal political subdivisions 
     (as defined in section 31(a) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1356a(a))), in accordance with section 
     31 of that Act (43 U.S.C. 1356a);
       (B) deposit not more than $1,000,000,000 into 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), which shall be considered income to the Land and Water 
     Conservation Fund for purposes of that section; and
       (C) deposit the remainder into the general fund of the 
     Treasury.
       (c) Deductibility of Tax.--The first sentence of * * *.
                                 ______
                                 
  SA 1826. Mr. CRAPO (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to the 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 45, after line 20, add the following:

     SEC. ___. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC 
                   TRANSMISSION 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) qualified electric transmission facilities.''.
       (b) Definition.--Section 142 is amended by inserting at the 
     end the following new subsection:
       ``(n) Qualified Electric Transmission Facilities.--
       ``(1) In general.--For purposes of subsection (a)(16), the 
     term `qualified electric transmission facility' means any 
     electric transmission facility which is owned by--
       ``(A) 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
       ``(B) a State or political subdivision of a State expressly 
     authorized under State law

[[Page 16978]]

     to finance and own electric transmission facilities.
       ``(2) Termination.--Subsection (a)(16) shall not apply with 
     respect to any bond issued after December 31, 2010.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2007.
                                 ______
                                 
  SA 1827. 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. Wyden, Mr. Schumer, and 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 214, after line 19, insert the following:

     SEC. 895. CONDITIONAL SUNSET OF REVENUE RAISING PROVISIONS; 
                   ADDITIONAL DUTY ON OIL AND GAS PRODUCTS OF 
                   VENEZUELA.

       Notwithstanding any other provision of this subititle or 
     any other provision of law, on and after the date on which 
     the Government of Venezuela withdraws as a member of the 
     World Trade Organization--
       (1) the amendments made by this subtitle shall cease to 
     have force or effect; and
       (2) 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 5 
     percent ad valorem.
                                 ______
                                 
  SA 1828. 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:

       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 20 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 $2,500 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 1829. Ms. SNOWE (for herself, Mr. Carper, Mrs. Lincoln, Mr. Smith, 
Mr. Kerry, Mr. Lieberman, and Mr. Isakson) 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:

                 Subpart --Reuse and Recycling Property

     SEC. _. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND 
                   RECYCLING PROPERTY.

       (a) In General.--Section 168 (relating to accelerated cost 
     recovery system), as amended by this Act, is amended by 
     adding at the end the following new subsection:
       ``(n) Special Allowance for Certain Reuse and Recycling 
     Property.--
       ``(1) In general.--In the case of any qualified reuse and 
     recycling property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of the qualified reuse and recycling property, 
     and
       ``(B) the adjusted basis of the qualified reuse and 
     recycling property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified reuse and recycling property.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified reuse and recycling 
     property' means any reuse and recycling property--
       ``(i) to which this section applies,
       ``(ii) which has a useful life of at least 5 years,
       ``(iii) the original use of which commences with the 
     taxpayer after December 31, 2007, and
       ``(iv) which is--

       ``(I) acquired by purchase (as defined in section 
     179(d)(2)) by the taxpayer after December 31, 2007, but only 
     if no written binding contract for the acquisition was in 
     effect before January 1, 2008, or
       ``(II) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into after December 31, 
     2007.

       ``(B) Exceptions.--
       ``(i) Alternative depreciation property.--The term 
     `qualified reuse and recycling property' shall not include 
     any property to which the alternative depreciation system 
     under subsection (g) applies, determined without regard to 
     paragraph (7) of subsection (g) (relating to election to have 
     system apply).
       ``(ii) Election out.--If a taxpayer makes an election under 
     this clause with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service during such taxable year.
       ``(C) Special rule for self-constructed property.--In the 
     case of a taxpayer manufacturing, constructing, or producing 
     property for the taxpayer's own use, the requirements of 
     clause (iv) of subparagraph (A) shall be treated as met if 
     the taxpayer begins manufacturing, constructing, or producing 
     the property after December 31, 2007.
       ``(D) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under subsection (a) for 
     qualified reuse and recycling property shall be determined 
     under this section without regard to any adjustment under 
     section 56.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Reuse and recycling property.--
       ``(i) In general.--The term `reuse and recycling property' 
     means any machinery and equipment (not including buildings or 
     real estate), along with all appurtenances thereto, including 
     software necessary to operate such equipment, which is used 
     exclusively to collect, process, or reuse qualified reuse and 
     recyclable materials.
       ``(ii) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport reuse and recyclable 
     materials.

[[Page 16979]]

       ``(B) Qualified reuse and recyclable materials.--
       ``(i) In general.--The term `qualified reuse and recyclable 
     materials' means scrap plastic, scrap glass, scrap textiles, 
     scrap rubber including used tires, scrap packaging, recovered 
     fiber, scrap ferrous and nonferrous metals, or electronic 
     scrap generated by an individual or business.
       ``(ii) Electronic scrap.--For purposes of clause (i), the 
     term `electronic scrap' means--

       ``(I) any cathode ray tube, flat panel screen, or similar 
     video display device with a screen size greater than 4 inches 
     measured diagonally, or
       ``(II) any central processing unit.

       ``(C) Recycling or recycle.--The term `recycling' or 
     `recycle' means that process (including sorting) by which 
     worn or superfluous materials are manufactured or processed 
     into specification grade commodities that are suitable for 
     use as a replacement or substitute for virgin materials in 
     manufacturing tangible consumer and commercial products, 
     including packaging.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. _. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.

       (a) In General.--Section 142 (defining exempt facility 
     bond) is amended by adding at the end the following new 
     subsection:
       ``(n) Solid Waste Disposal Facilities.--
       ``(1) In general.--For purposes of subsection (a)(6) only, 
     the term `solid waste disposal facilities' means any facility 
     used to perform a solid waste disposal function.
       ``(2) Solid waste disposal function.--
       ``(A) In general.--For purposes of this subsection only, 
     the term `solid waste disposal function' means the 
     collection, separation, sorting, storage, treatment, 
     disassembly, handling, or processing of solid waste in any 
     manner designed to dispose of the solid waste, including 
     processing the solid waste into a useful energy source or 
     product.
       ``(B) Extent of function.--For purposes of this subsection 
     only, the solid waste disposal function ends at the later 
     of--
       ``(i) the point of final disposal of the solid waste,
       ``(ii) immediately after the solid waste is incinerated or 
     otherwise transformed or processed to generate heat, and the 
     resulting heat is put into a form such as steam in which such 
     heat is in fact sold or used, or
       ``(iii) the point at which the solid waste has been 
     converted into a material or product that can be sold in the 
     same manner as comparable material or product produced from 
     virgin material.
       ``(C) Functionally related and subordinate facilities.--For 
     purposes of this subsection only, in the case of a facility 
     used to perform both a solid waste disposal function and 
     another function--
       ``(i) the costs of the facility allocable to the solid 
     waste disposal function are determined using any reasonable 
     method based upon facts and circumstances, and
       ``(ii) if during the period that bonds issued as part of an 
     issue described in subsection (a)(6) are outstanding with 
     respect to any facility at least 65 percent of the materials 
     processed in such facility are solid waste materials as 
     measured by weight or volume, then all of the costs of the 
     property used to perform such process are allocable to a 
     solid waste disposal function.
       ``(3) Solid waste.--For purposes of this subsection only--
       ``(A) In general.--The term `solid waste' means garbage, 
     refuse, or discarded solid materials, including waste 
     materials resulting from industrial, commercial, 
     agricultural, or community activities.
       ``(B) Garbage, refuse or discarded solid materials.--For 
     purposes of subparagraph (A), the term `garbage, refuse, or 
     discarded solid materials' means materials that are useless, 
     unused, unwanted, or discarded, regardless of whether or not 
     such materials have value.
       ``(C) Exclusion.--The term `solid waste' does not include 
     materials in domestic sewage, pollutants in industrial or 
     other water resources, or other liquid or gaseous waste 
     materials.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued before, on, or after 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--
       (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 1830. Ms. SNOWE (for herself, Mr. Carper, Mrs. Lincoln, Mr. Smith, 
Mr. Kerry, Mr. Lieberman, and Mr. Isakson) 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:

     SUBPART _--REUSE AND RECYCLING PROPERTY

     SEC. _. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND 
                   RECYCLING PROPERTY.

       (a) In General.--Section 168 (relating to accelerated cost 
     recovery system), as amended by this Act, is amended by 
     adding at the end the following new subsection:
       ``(n) Special Allowance for Certain Reuse and Recycling 
     Property.--
       ``(1) In general.--In the case of any qualified reuse and 
     recycling property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of the qualified reuse and recycling property, 
     and
       ``(B) the adjusted basis of the qualified reuse and 
     recycling property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified reuse and recycling property.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified reuse and recycling 
     property' means any reuse and recycling property--
       ``(i) to which this section applies,
       ``(ii) which has a useful life of at least 5 years,
       ``(iii) the original use of which commences with the 
     taxpayer after December 31, 2007, and
       ``(iv) which is--

       ``(I) acquired by purchase (as defined in section 
     179(d)(2)) by the taxpayer after December 31, 2007, but only 
     if no written binding contract for the acquisition was in 
     effect before January 1, 2008, or
       ``(II) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into after December 31, 
     2007.

       ``(B) Exceptions.--

[[Page 16980]]

       ``(i) Alternative depreciation property.--The term 
     `qualified reuse and recycling property' shall not include 
     any property to which the alternative depreciation system 
     under subsection (g) applies, determined without regard to 
     paragraph (7) of subsection (g) (relating to election to have 
     system apply).
       ``(ii) Election out.--If a taxpayer makes an election under 
     this clause with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service during such taxable year.
       ``(C) Special rule for self-constructed property.--In the 
     case of a taxpayer manufacturing, constructing, or producing 
     property for the taxpayer's own use, the requirements of 
     clause (iv) of subparagraph (A) shall be treated as met if 
     the taxpayer begins manufacturing, constructing, or producing 
     the property after December 31, 2007.
       ``(D) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under subsection (a) for 
     qualified reuse and recycling property shall be determined 
     under this section without regard to any adjustment under 
     section 56.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Reuse and recycling property.--
       ``(i) In general.--The term `reuse and recycling property' 
     means any machinery and equipment (not including buildings or 
     real estate), along with all appurtenances thereto, including 
     software necessary to operate such equipment, which is used 
     exclusively to sort or process, qualified reuse and 
     recyclable materials or the primary purpose of which is the 
     shredding and processing of qualified reuse and recyclable 
     material.
       ``(ii) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport reuse and recyclable 
     materials.
       ``(B) Qualified reuse and recyclable materials.--
       ``(i) In general.--The term `qualified reuse and recyclable 
     materials' means scrap plastic, scrap glass, scrap textiles, 
     scrap rubber including used tires, scrap packaging, recovered 
     fiber, scrap ferrous and nonferrous metals, or electronic 
     scrap generated by an individual or business.
       ``(ii) Electronic scrap.--For purposes of clause (i), the 
     term `electronic scrap' means--

       ``(I) any cathode ray tube, flat panel screen, or similar 
     video display device with a screen size greater than 4 inches 
     measured diagonally, or
       ``(II) any central processing unit.

       ``(C) Recycling or recycle.--The term `recycling' or 
     `recycle' means that process (including sorting) by which 
     worn or superfluous materials are manufactured or processed 
     into specification grade commodities that are suitable for 
     use as a replacement or substitute for virgin materials in 
     manufacturing tangible consumer and commercial products, 
     including packaging.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. _. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.

       (a) In General.--Section 142 (defining exempt facility 
     bond) is amended by adding at the end the following new 
     subsection:
       ``(n) Solid Waste Disposal Facilities.--
       ``(1) In general.--For purposes of subsection (a)(6) only, 
     the term `solid waste disposal facilities' means any facility 
     used to perform a solid waste disposal function.
       ``(2) Solid waste disposal function.--
       ``(A) In general.--For purposes of this subsection only, 
     the term `solid waste disposal function' means the 
     collection, separation, sorting, storage, treatment, 
     disassembly, handling, or processing of solid waste in any 
     manner designed to dispose of the solid waste, including 
     processing the solid waste into a useful energy source or 
     product.
       ``(B) Extent of function.--For purposes of this subsection 
     only, the solid waste disposal function ends at the later 
     of--
       ``(i) the point of final disposal of the solid waste,
       ``(ii) immediately after the solid waste is incinerated or 
     otherwise transformed or processed to generate heat, and the 
     resulting heat is put into a form such as steam in which such 
     heat is in fact sold or used, or
       ``(iii) the point at which the solid waste has been 
     converted into a material or product that can be sold in the 
     same manner as comparable material or product produced from 
     virgin material.
       ``(C) Functionally related and subordinate facilities.--For 
     purposes of this subsection only, in the case of a facility 
     used to perform both a solid waste disposal function and 
     another function--
       ``(i) the costs of the facility allocable to the solid 
     waste disposal function are determined using any reasonable 
     method based upon facts and circumstances, and
       ``(ii) if during the period that bonds issued as part of an 
     issue described in subsection (a)(6) are outstanding with 
     respect to any facility at least 65 percent of the materials 
     processed in such facility are solid waste materials as 
     measured by weight or volume, then all of the costs of the 
     property used to perform such process are allocable to a 
     solid waste disposal function.
       ``(3) Solid waste.--For purposes of this subsection only--
       ``(A) In general.--The term `solid waste' means garbage, 
     refuse, or discarded solid materials, including waste 
     materials resulting from industrial, commercial, 
     agricultural, or community activities.
       ``(B) Garbage, refuse or discarded solid materials.--For 
     purposes of subparagraph (A), the term `garbage, refuse, or 
     discarded solid materials' means materials that are useless, 
     unused, unwanted, or discarded, regardless of whether or not 
     such materials have value.
       ``(C) Exclusion.--The term `solid waste' does not include 
     materials in domestic sewage, pollutants in industrial or 
     other water resources, or other liquid or gaseous waste 
     materials.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued before, on, or after 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--
       (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 1831. 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''.
       At the end of the section add the following: ``For heat 
     fuels, this section shall be effective after December 31, 
     2012.''

[[Page 16981]]


                                 ______
                                 
  SA 1832. Mr. NELSON of Nebraska (for himself, Mr. Craig, Mr. Crapo, 
Mr. Kohl, and Mr. Allard) 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. ___. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN 
                   RENEWABLE FEEDSTOCKS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 40A the following new section:

     ``SEC. 40B. BIOGAS PRODUCED FROM CERTAIN RENEWABLE 
                   FEEDSTOCKS.

       ``(a) General Rule.--For purposes of section 38, the 
     qualified biogas production credit for any taxable year is an 
     amount equal to the product of--
       ``(1) $4.27, and
       ``(2) each million British thermal units (mmBtu) of 
     biogas--
       ``(A) produced by the taxpayer--
       ``(i) from qualified energy feedstock, and
       ``(ii) at a qualified facility, and
       ``(B) either--
       ``(i) sold by the taxpayer to an unrelated person during 
     the taxable year, or
       ``(ii) used by the taxpayer during the taxable year.
       ``(b) Definitions.--
       ``(1) Biogas.--The term `biogas' means a gas that--
       ``(A) is derived by processing qualified energy feedstock 
     through anaerobic digestion, gasification, or other similar 
     processes, and
       ``(B) is an energy or fuel alternative to fossil fuels such 
     as coal, natural gas, or petroleum-based products.
       ``(2) Qualified energy feedstock.--
       ``(A) In general.--The term `qualified energy feedstock' 
     means--
       ``(i) manure of agricultural livestock, including litter, 
     wood shavings, straw, rice hulls, bedding material, and other 
     materials incidentally collected with the manure,
       ``(ii) any nonhazardous, cellulosic, or other organic 
     agricultural or food industry byproduct or waste material 
     that is derived from--

       ``(I) harvesting residues,
       ``(II) wastes or byproducts from fermentation processes, 
     ethanol production, biodiesel production, slaughter of 
     agricultural livestock, food production, food processing, or 
     food service, or
       ``(III) other organic wastes, byproducts, or sources, or

       ``(iii) solid wood waste materials, including waste 
     pallets, crates, dunnage, manufacturing and construction wood 
     wastes, and landscape or right-of-way tree trimmings.
       ``(B) Exclusions.--The term `qualified energy feedstock' 
     does not include--
       ``(i) pressure-treated, chemically-treated, or painted wood 
     wastes,
       ``(ii) municipal solid waste,
       ``(iii) landfills, or
       ``(iv) paper that is commonly recycled.
       ``(C) Agricultural livestock.--The term `agricultural 
     livestock' means poultry, cattle, sheep, swine, goats, 
     horses, mules, and other equines.
       ``(3) Qualified facility.--The term `qualified facility' 
     means a facility that--
       ``(A) uses anaerobic digestion technology, gasification 
     technology, or other similar technologies to process 
     qualified energy feedstock into biogas,
       ``(B) is owned by the taxpayer,
       ``(C) is located in the United States,
       ``(D) is originally placed in service before January 1, 
     2018, and
       ``(E) the biogas output of which is--
       ``(i) marketed through interconnection with a gas 
     distribution or transmission pipeline, or
       ``(ii) used on-site or off-site in a quantity that is 
     sufficient to offset the consumption of at least 50,000 mmBtu 
     annually of commercially-marketed fuel derived from coal, 
     crude oil, natural gas, propane, or other fossil fuel.
       ``(c) Special Rules.--For purposes of this section--
       ``(1) Production attributable to the taxpayer.--In the case 
     of a facility in which more than 1 person has an ownership 
     interest, except to the extent provided in regulations 
     prescribed by the Secretary, production from the qualified 
     facility shall be allocated among such persons in proportion 
     to their respective ownership interests in the gross sales 
     from such qualified facility.
       ``(2) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b). In the case of a corporation which is a member of an 
     affiliated group of corporations filing a consolidated 
     return, such corporation shall be treated as selling biogas 
     to an unrelated person if such biogas is sold to such a 
     person by another member of such group.
       ``(3) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(4) Coordination with credit from producing fuel from a 
     nonconventional source.--The amount of biogas produced and 
     sold or used by the taxpayer during any taxable year which is 
     taken into account under this section shall be reduced by the 
     amount of biogas produced and sold by the taxpayer in such 
     taxable year which is taken into account under section 45K.
       ``(5) Credit eligibility in the case of government-owned 
     facilities using poultry waste.--In the case of a facility 
     using poultry waste to produce biogas and owned by a 
     governmental unit, subparagraph (B) of subsection (b)(3) 
     shall be applied by substituting `is leased or operated by 
     the taxpayer' for `is owned by the taxpayer'.
       ``(d) Transferability of Credit.--
       ``(1) In general.--A taxpayer may transfer the credit under 
     this section through an assignment to any person. Such 
     transfer may be revoked only with the consent of the 
     Secretary.
       ``(2) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit 
     transferred under paragraph (1) is claimed once and not 
     reassigned by such other person.
       ``(e) Adjustment Based on Inflation.--
       ``(1) In general.--The $4.27 amount under subsection (b)(1) 
     shall be adjusted by multiplying such amount by the inflation 
     adjustment factor for the calendar year in which the sale 
     occurs. If any amount as increased under the preceding 
     sentence is not a multiple of 0.1 cent, such amount shall be 
     rounded to the nearest multiple of 0.1 cent.
       ``(2) Computation of inflation adjustment factor.--
       ``(A) In general.--The Secretary shall, not later than 
     April 1 of each calendar year, determine and publish in the 
     Federal Register the inflation adjustment factor in 
     accordance with this paragraph.
       ``(B) Inflation adjustment factor.--The term `inflation 
     adjustment factor' means, with respect to a calendar year, a 
     fraction the numerator of which is the GDP implicit price 
     deflator for the preceding calendar year and the denominator 
     of which is the GDP implicit price deflator for calendar year 
     2007. The term `GDP implicit price deflator' means the most 
     recent revision of the implicit price deflator for the gross 
     domestic product as computed and published by the Department 
     of Commerce before March 15 of the calendar year.
       ``(f) Application of Section.--This section shall apply 
     with respect to biogas produced and sold--
       ``(1) after the date of the enactment of this section, and
       ``(2) before the date on which the Secretary of Energy 
     certifies that 100,000,000 British thermal units of biogas 
     have been produced at qualified facilities after such 
     date.''.
       (b) Credit Treated as Business Credit.--Section 38(b) of 
     such Code, as amended by this Act, is amended by striking 
     ``plus'' at the end of paragraph (32), by striking the period 
     at the end of paragraph (33) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(34) the qualified biogas production credit under section 
     40B(a).''.
       (c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of 
     such Code is amended by striking ``and'' at the end of clause 
     (i), by striking the period at the end of clause (ii)(II) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(iii) the credit determined under section 40B.''.
       (d) 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 40A 
     the following new item:

``Sec. 40B. Biogas produced from certain renewable feedstocks.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to biogas produced and sold or used in taxable 
     years beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 1833. 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, line 5, insert ``(except that, in the case of 
     any project principally employing gasification for 
     transportation grade liquid fuels, such project must also 
     have life-cycle greenhouse gas emissions which are at least 
     20 percent lower than conventional facilities)'' after 
     ``emissions''.

[[Page 16982]]

       On page 71, line 22, insert ``and which has life-cycle 
     greenhouse gas emissions which are at least 20 percent lower 
     than conventional facilities'' after ``sions''.
                                 ______
                                 
  SA 1834. Mr. SMITH (for himself, Ms. Snowe, 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:

       On page 9, after line 19, insert the following:
       (g) Credit Rate Increase for Open-Loop Biomass.--Section 
     45(b)(4)(A) (relating to credit rate), as amended by this 
     section, is amended by striking ``(3),''.
       At the appropriate place, insert the following:

     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.''.
       (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. _. PARTICIPANTS IN GOVERNMENT SECTION 457 PLANS ALLOWED 
                   TO TREAT ELECTIVE DEFERRALS AS ROTH 
                   CONTRIBUTIONS.

       (a) In General.--Section 402A(e)(1) (defining applicable 
     retirement plan) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following:
       ``(C) an eligible deferred compensation plan (as defined in 
     section 457(b)) of an eligible employer described in section 
     457(e)(1)(A).''.
       (b) Elective Deferrals.--Section 402A(e)(2) (defining 
     elective deferral) is amended to read as follows:
       ``(2) Elective deferral.--The term `elective deferral' 
     means--
       ``(A) any elective deferral described in subparagraph (A) 
     or (C) of section 402(g)(3), and
       ``(B) any elective deferral of compensation by an 
     individual under an eligible deferred compensation plan (as 
     defined in section 457(b)) of an eligible employer described 
     in section 457(e)(1)(A).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 1835. Mr. SMITH (for himself 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:

       On page 9, after line 19, insert the following:
       (g) Credit Rate Increase for Open-Loop Biomass.--Section 
     45(b)(4)(A) (relating to credit rate), as amended by this 
     section, is amended by striking ``(3),''.
                                 ______
                                 
  SA 1836. Mr. REID (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed to amendment SA 1753 submitted by Mr. DeMint 
(for himself, Mr. Craig, Mr. Graham, Mr. Inhofe, Mr. Burr, Ms. 
Murkowski, and Mr. Crapo) and intended to be proposed 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:

       Beginning on page 1 of the amendment, line __, strike 
     everything after ``SEC.'' and insert the following:

     ___. REQUIREMENT FOR PROMULGATION OF A RADIATION STANDARD 
                   BEFORE DATE OF YUCCA MOUNTAIN LICENSE 
                   APPLICATION ACCEPTANCE.

       (a) Requirement.--Notwithstanding any other provision of 
     law, the license application of the Department of Energy for 
     the proposed geologic repository at Yucca Mountain shall not 
     be considered by the Nuclear Regulatory Commission to be 
     complete and accurate in all material respects for purposes 
     of section 63.10 of title 10, Code of Federal Regulations (as 
     in effect on the date of enactment of this section), until 
     the date that is 180 days after the date on which the 
     Administrator of the Environmental Protection Agency 
     promulgates final health and

[[Page 16983]]

     environmental radiation protection standards for Yucca 
     Mountain, in accordance with the findings and recommendations 
     contained in the report of the National Academy of Sciences 
     entitled ``Technical Bases for Yucca Mountain Standards'' and 
     dated 1995.
       (b) Effect of Section.--Nothing in this section abrogates 
     or limits any other applicable criteria of the Nuclear 
     Regulatory Commission relating to the treatment of a license 
     application as complete and accurate in all material 
     respects.
       (c) Expedited Judicial Review.--A United States court of 
     appeals of competent jurisdiction shall review any challenge 
     to the license application described in subsection (a) on an 
     expedited basis.
                                 ______
                                 
  SA 1837. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 1704 submitted 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. __. CREDIT FOR PLUG-IN ELECTRIC DRIVE RECHARGING 
                   PROPERTY.

       (a) Credit Allowed for Plug-in Electric Drive Recharging 
     Property.--Subsection (a) of section 30C is amended by 
     striking ``an amount equal to 30 percent of the cost of'' and 
     all that follows and inserting ``an amount equal to the sum 
     of--
       ``(1) 30 percent of the cost of any qualified alternative 
     fuel vehicle refueling property placed in service by the 
     taxpayer during the taxable year, and
       ``(2) 30 percent of the cost of any qualified plug-in 
     electric drive vehicle recharging property.''.
       (b) Limitation.--Subsection (b) of section 30C, as amended 
     by this Act, is amended to read as follows:
       ``(b) Limitations.--
       ``(1) Limitation for qualified alternative fuel vehicle 
     refueling property.--The credit allowed under subsection (a) 
     with respect to any qualified alternative fuel vehicle 
     refueling property placed in service by the taxpayer at a 
     location shall not exceed--
       ``(A) $30,000 in the case of a property of a character 
     subject to an allowance for depreciation, and
       ``(B) $1,000 in any other case.
       ``(2) Limitations for qualified plug-in electric drive 
     vehicle recharging property.--
       ``(A) In general.--The credit allowed under subsection (a) 
     with respect to any qualified plug-in electric drive vehicle 
     recharging property placed in service by the taxpayer at a 
     location shall not exceed--
       ``(i)(I) $225, in the case of property of a character 
     subject to an allowance for depreciation, and
       ``(II) $400 per recharging space in any other case, 
     multiplied by
       ``(ii) the number of recharging locations placed in service 
     by the taxpayer during the taxable year.
       ``(B) Minimum costs limitation for certain property.--In 
     the case of any property to which subparagraph (A)(i) 
     applies, no credit shall be allowed under this section for 
     costs incurred for qualified plug-in electric drive vehicle 
     recharging property placed in service during the taxable year 
     unless such costs exceed $600.''.
       (c) Qualified Plug-in Electric Drive Vehicle Recharging 
     Property.--
       (1) In general.--Subsection (c) of section 30C, as amended 
     by this Act, is amended to read as follows:
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified alternative fuel vehicle refueling 
     property.--The term `qualified alternative fuel vehicle 
     refueling property' has the same meaning as the term 
     `qualified clean-fuel vehicle refueling property' would have 
     under section 179A if--
       ``(A) paragraph (1) of section 179A(d) did not apply to 
     property installed on property which is used as the principal 
     residence (within the meaning of section 121) of the 
     taxpayer, and
       ``(B) only the following were treated as clean burning 
     fuels for purposes of section 179A(d):
       ``(i) Any fuel at least 85 percent of the volume of which 
     consists of one or more of the following: ethanol, natural 
     gas, compressed natural gas, liquified natural gas, liquefied 
     petroleum gas, or hydrogen.
       ``(ii) Biodiesel (as defined in section 40A(d)(1)).
       ``(iii) Any mixture--

       ``(I) which consists of two or more of the following: 
     biodiesel (as so defined), diesel fuel (as defined in section 
     4083(a)(3)), or kerosene, and
       ``(II) at least 20 percent of the volume of which consists 
     of biodiesel (as so defined) determined without regard to any 
     kerosene in such mixture.

       ``(2) Qualified plug-in electric drive recharging 
     property.--The term `qualified plug-in electric drive 
     recharging property' means property (not including a building 
     and its structural components)--
       ``(A) the original use of which commences with the 
     taxpayer, and
       ``(B) which is a charging station or related electric 
     infrastructure used for the recharging of motor vehicles 
     propelled by electricity, but only if the property is located 
     on the taxpayer's property.
       ``(3) Recharging location.--The term `recharging location' 
     means a location dedicated to the recharging of 1 motor 
     vehicle propelled by electricity.
       ``(4) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term under section 179A(e)(2).''.
       (2) Conforming amendment.--Subsection (d)(3)(B) of section 
     179A is amended--
       (A) by inserting ``a charging station or related electric 
     infrastructure'' before ``for the recharging of'', and
       (B) by striking ``at the point where the motor vehicles are 
     recharged'' and inserting ``on the taxpayer's property''.
       (d) Extension.--Subsection (g) of section 30C, as amended 
     by this Act, is amended to read as follows:
       ``(e) Termination.--This section shall not apply to any 
     property placed in service--
       ``(1) in the case qualified plug-in electric drive 
     recharging property and qualified alternative fuel vehicle 
     refueling property relating to hydrogen, after December 31, 
     2014, and
       ``(2) in the case of any other qualified alternative fuel 
     vehicle refueling property, after December 31, 2012.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. ___. IDLING REDUCTION TAX CREDIT.

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

     ``SEC. 45P. IDLING REDUCTION CREDIT.

       ``(a) General Rule.--For purposes of section 38, the idling 
     reduction credit determined under this section for the 
     taxable year is an amount equal to 50 percent of the amount 
     paid or incurred for the purchase and installation of 
     qualifying idle reduction infrastructure equipment placed in 
     service by the taxpayer during the taxable year.
       ``(b) Limitation.--The maximum amount allowed as a credit 
     under subsection (a) shall not exceed $2,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying idle reduction infrastructure equipment.--
       ``(A) In general.--The term `qualifying idle reduction 
     infrastructure equipment' means equipment described in 
     subparagraph (B)--
       ``(i) which is designed for use by a heavy duty diesel 
     powered highway vehicle in order to prevent long-duration 
     idling,
       ``(ii) the original use of which commences with the 
     taxpayer, and
       ``(iii) which is acquired by the taxpayer for use and not 
     for resale.
       ``(B) Equipment described.--Equipment is described in this 
     subparagraph if such equipment is--
       ``(i) off-truck equipment to supply electric power, 
     including electric receptacles, boxes, wiring, conduit, and 
     other connections to one truck space, or
       ``(ii) off-truck equipment that directly provides air 
     conditioning, heating, electric power, and other connections 
     and services to one truck space.
       ``(2) Heavy-duty diesel-powered on-highway vehicle.--The 
     term `heavy-duty diesel-powered on-highway vehicle' means any 
     vehicle, machine, tractor, trailer, or semi-trailer propelled 
     or drawn by mechanical power and used upon the highways in 
     the transportation of passengers or property, or any 
     combination thereof determined by the Federal Highway 
     Administration.
       ``(3) Long-duration idling.--The term `long-duration 
     idling' means the operation of a main drive engine, for a 
     period greater than 15 consecutive minutes, where the main 
     drive engine is not engaged in gear. Such term does not apply 
     to routine stoppages associated with traffic movement or 
     congestion.
       ``(d) No Double Benefit.--For purposes of this section--
       ``(1) Reduction in basis.--If a credit is determined under 
     this section with respect to any property by reason of 
     expenditures described in subsection (a), the basis of such 
     property shall be reduced by the amount of the credit so 
     determined.
       ``(2) Other deductions and credits.--No deduction or credit 
     shall be allowed under any other provision of this chapter 
     with respect to the amount of the credit determined under 
     this section.
       ``(e) Election Not To Claim Credit.--This section shall not 
     apply to a taxpayer for any taxable year if such taxpayer 
     elects to have this section not apply for such taxable year.

[[Page 16984]]

       ``(f) Application of Section.--This section shall apply 
     with respect to qualifying idle reduction infrastructure 
     equipment placed in service--
       ``(1) after December 31, 2007, and
       ``(2) before the end of the calendar year in which the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, certifies that qualifying 
     idle reduction infrastructure equipment units has been placed 
     in service at 50,000 spaces after such date.''.
       (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38, as amended by this Act, is 
     amended by striking ``plus'' at the end of paragraph (31), by 
     striking the period at the end of paragraph (32) and 
     inserting ``, plus'' , and by adding at the end the following 
     new paragraph:
       ``(33) the idling reduction credit determined under section 
     45P(a).''.
       (c) 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:
       ``(38) in the case of a facility with respect to which a 
     credit was allowed under section 45P, to the extent provided 
     in section 45P(d)(1).''.
       (2) Section 6501(m) of such Code is amended by inserting 
     ``45P(e),'' after ``45D(c)(4),''.
       (3) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 45O the 
     following new item:
``Sec. 45P. Idling reduction credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 1838. Mr. SMITH 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 plaee in'the amendment, insert the 
     following:

     ``SEC.     . ELECTION TO EXPENSE TELEWORKING PROPERTY.

       ``(a) Treatment as Expenses.--A taxpayer may elect to treat 
     the cost of any qualified teleworking property as an expense 
     which is not chargeable to capital account. Any cost so 
     treated shall be allowed as a deduction for the taxable year 
     in which the qualified teleworking property is placed in 
     service.
       ``(b) Election.--
       ``(1) In general.--An election under this section for any 
     taxable year shall be made on the taxpayer's return of the 
     tax imposed by this chapter for the taxable year. Such 
     election shall be made in such manner as the Secretary may by 
     regulations prescribe.
       ``(2) Election irrevocable.--Any election made under this 
     section may not be revoked except with the consent of the 
     Secretary.
       ``(c) Qualified Teleworking Property.--
       ``(1) In general.--The term `qualified teleworking 
     property' means property--
       ``(A) which is tangible property (to which section 168 
     applies),
       ``(B) which is section 1245 property (as defined in section 
     1245(a)(3)),
       ``(C) which is acquired by purchase (as defined in section 
     179(d)(2)) for use by an eligible employee for the purpose of 
     teleworking, and
       ``(D) with respect to which an election under section 179 
     is not in effect.

     Such term shall not include any property described in section 
     50(b).
       ``(2) Eligible employee.--The term `eligible employee' 
     means an employee who has an arrangement to telework not less 
     than 75 days per year.
       ``(3) Telework.--The term `telework' means to perform work 
     functions using electronic information and communication 
     technologies, thereby reducing or eliminating the physical 
     commute to and from the traditional worksite.
       ``(d) Recapture.--The Secretary shall, by regulations, 
     provide for the recapturing of the benefit of any deduction 
     allowable under subsection (a) with respect to any qualified 
     teleworking property if such property is not used in 
     accordance with subsection (c)(l)(C).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to properties placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 1839. Mr. SMITH 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 in the amendment, insert the 
     following:

     SEC. EXTENSION OF TRANSPORTATION FRINGE BENEFIT TO BICYCLE 
                   COMMUTERS.

       (a) In General.--Paragraph (1) of section 132(f) (relating 
     to general rule for qualified transportation fringe) is 
     amended by adding at the end the following:
       ``(D) Bicycle commuting allowance.''.
       (b) Bicycle Commuting Allowance Defined.--Paragraph (5) of 
     section 132(f) (relating to definitions) is amended by adding 
     at the end the following:
       ``(F) Bicycle commuting allowance.--The term `bicycle 
     commuting allowance' means an amount provided to an employee 
     for transportation on a bicycle if such transportation is in 
     connection with travel between the employee's residence and 
     place of employment.''.
       (c) Limitation on Exclusion.--Paragraph (2) of section 
     132(f) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``and'', and by adding at the 
     end the following new subparagraph:
       ``(C) $50 per month in the case of a bicycle commuting 
     allowance.''
       (d) Cost of Living Adjustment.--
       (1) In general.--Paragraph (6) of section 132(f) is amended 
     by redesignating subparagraph (B) as subparagraph (C) and by 
     inserting after sub- paragraph (A) the following new 
     subparagraph:
       ``(B) Bicycle commuting allowance.--In the. case of any 
     taxable year beginning in a calendar year after 2006, the $50 
     amount in paragraph (2)(C) shall be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2005' for 
     `calendar year 1992'.''.
       (2) Conforming amendment.--Subparagraph (C) of section 
     132(f)(6), as redesignated by paragraph (1), is amended by 
     inserting ``or (B)'' after ``subparagraph (A)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after 20 December 31, 
     2007.
                                 ______
                                 
  SA 1840. Mr. OBAMA 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:

       Beginning on page 1, strike line 5 and all that follows 
     through page 51, line 12, and insert the following:

     SEC. 501. FINDINGS.

       Congress makes the following findings:
       (1) United States dependence on oil imports imposes 
     tremendous burdens on the economy, foreign policy, and 
     military of the United States.
       (2) According to the Energy Information Administration, 60 
     percent of the crude oil and petroleum products consumed in 
     the United States between April 2005 and March 2006 
     (12,400,000 barrels per day) were imported. At a cost of $75 
     per barrel of oil, people in the United States remit more 
     than $600,000 per minute to other countries for petroleum.
       (3) A significant percentage of these petroleum imports 
     originate in countries controlled by regimes that are 
     unstable or openly hostile to the interests of the United 
     States. Dependence on production from these countries 
     contributes to the volatility of domestic and global markets 
     and the ``risk premium'' paid by consumers in the United 
     States.
       (4) The Energy Information Administration projects that the 
     total petroleum demand in the United States will increase by 
     23 percent between 2006 and 2026, while domestic crude 
     production is expected to decrease by 11 percent, resulting 
     in an anticipated 28 percent increase in petroleum imports. 
     Absent significant action, the United States will become more 
     vulnerable to oil price increases, more dependent upon 
     foreign oil, and less able to pursue national interests.

[[Page 16985]]

       (5) Two-thirds of all domestic oil use occurs in the 
     transportation sector, which is 97 percent reliant upon 
     petroleum-based fuels. Passenger vehicles, including light 
     trucks under 10,000 pounds gross vehicle weight, represent 
     over 60 percent of the oil used in the transportation sector.
       (6) Corporate average fuel economy of all cars and trucks 
     improved by 70 percent between 1975 and 1987. Between 1987 
     and 2006, fuel economy improvements have stagnated and the 
     fuel economy of the United States is lower than many 
     developed countries and some developing countries.
       (7) Significant improvements in engine technology occurred 
     between 1986 and 2006. These advances have been used to make 
     vehicles larger and more powerful, and have not focused 
     solely on increasing fuel economy.
       (8) According to a 2002 fuel economy report by the National 
     Academies of Science, fuel economy can be increased without 
     negatively impacting the safety of cars and trucks in the 
     United States. Some new technologies can increase both safety 
     and fuel economy (such as high strength materials, unibody 
     design, lower bumpers). Design changes related to fuel 
     economy also present opportunities to reduce the 
     incompatibility of tall, stiff, heavy vehicles with the 
     majority of vehicles on the road.
       (9) Significant change must occur to strengthen the 
     economic competitiveness of the domestic auto industry. 
     According to a recent study by the University of Michigan, a 
     sustained gasoline price of $2.86 per gallon would lead 
     Detroit's Big 3 automakers' profits to shrink by 
     $7,000,000,000 as they absorb 75 percent of the lost vehicle 
     sales. This would put nearly 300,000 people in the United 
     States out of work.
       (10) Opportunities exist to strengthen the domestic vehicle 
     industry while improving fuel economy. A 2004 study performed 
     by the University of Michigan concludes that providing 
     $1,500,000,000 in tax incentives over a 10-year period to 
     encourage domestic manufacturers and parts facilities to 
     produce clean cars will lead to a gain of nearly 60,000 
     domestic jobs and pay for itself through the resulting 
     increase in domestic tax receipts.

     SEC. 502. DEFINITION OF AUTOMOBILE AND PASSENGER AUTOMOBILE.

       (a) Definition of Automobile.--
       (1) In general.--Paragraph (3) of section 32901(a) of title 
     49, United States Code, is amended by striking ``rated at--'' 
     and all that follows through the period at the end and 
     inserting ``rated at not more than 10,000 pounds gross 
     vehicle weight.''.
       (2) Fuel economy information.--Section 32908(a) of such 
     title is amended, by striking ``section--'' and all that 
     follows through ``(2)'' and inserting ``section, the term''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall apply to model year 2010 and each subsequent 
     model year.
       (b) Definition of Passenger Automobile.--
       (1) In general.--Paragraph (16) of section 32901(a) of such 
     title is amended by striking ``, but does not include'' and 
     all that follows through the end and inserting a period.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to model year 2012 and each subsequent model 
     year.

     SEC. 503. AVERAGE FUEL ECONOMY STANDARDS.

       (a) Standards.--Section 32902 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in the heading, by inserting ``Manufactured Before 
     Model Year 2013'' after ``Non-Passenger Automobiles''; and
       (B) by adding at the end the following: ``This subsection 
     shall not apply to automobiles manufactured after model year 
     2012.'';
       (2) in subsection (b)--
       (A) in the heading, by inserting ``Manufactured Before 
     Model Year 2013'' after ``Passenger Automobiles'';
       (B) by inserting ``and before model year 2010'' after 
     ``1984''; and
       (C) by adding at the end the following: ``Such standard 
     shall be increased by 4 percent per year for model years 2010 
     through 2012 (rounded to the nearest 1/10 mile per gallon)'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Automobiles Manufactured After Model Year 2012.--
     (1)(A) Not later than 18 months before the beginning of each 
     model year after model year 2012, the Secretary of 
     Transportation shall prescribe, by regulation--
       ``(i) an average fuel economy standard for automobiles 
     manufactured by a manufacturer in that model year; or
       ``(ii) based on 1 or more vehicle attributes that relate to 
     fuel economy--
       ``(I) separate average fuel economy standards for different 
     classes of automobiles; or
       ``(II) average fuel economy standards expressed in the form 
     of a mathematical function.
       ``(B)(i) Except as provided under paragraphs (3) and (4) 
     and subsection (d), average fuel economy standards under 
     subparagraph (A) shall attain a projected aggregate level of 
     average fuel economy of 27.5 miles per gallon for all 
     automobiles manufactured by all manufacturers for model year 
     2013.
       ``(ii) The projected aggregate level of average fuel 
     economy for model year 2014 and each model year thereafter 
     shall be increased by 4 percent over the level of the prior 
     model year (rounded to the nearest 1/10 mile per gallon).
       ``(2) In addition to the average fuel economy standards 
     under paragraph (1), each manufacturer of passenger 
     automobiles shall be subject to an average fuel economy 
     standard for passenger automobiles manufactured by a 
     manufacturer in a model year that shall be equal to 92 
     percent of the average fuel economy projected by the 
     Secretary for all passenger automobiles manufactured by all 
     manufacturers in that model year. An average fuel economy 
     standard under this subparagraph for a model year shall be 
     promulgated at the same time as the standard under paragraph 
     (1) for such model year.
       ``(3) If the actual aggregate level of average fuel economy 
     achieved by manufacturers for each of 3 consecutive model 
     years is 5 percent or more less than the projected aggregate 
     level of average fuel economy for such model year, the 
     Secretary may make appropriate adjustments to the standards 
     prescribed under this subsection.
       ``(4)(A) Notwithstanding paragraphs (1) through (3) and 
     subsection (b), the Secretary of Transportation may prescribe 
     a lower average fuel economy standard for 1 or more model 
     years if the Secretary of Transportation, in consultation 
     with the Secretary of Energy, finds, by clear and convincing 
     evidence, that the minimum standards prescribed under 
     paragraph (1)(B) or (3) or subsection (b) for each model 
     year--
       ``(i) are technologically not achievable;
       ``(ii) cannot be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States and no offsetting safety improvements can be 
     practicably implemented for that model year; or
       ``(iii) is shown not to be cost effective.
       ``(B) If a lower standard is prescribed for a model year 
     under subparagraph (A), such standard shall be the maximum 
     standard that--
       ``(i) is technologically achievable;
       ``(ii) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States; and
       ``(iii) is cost effective.
       ``(5) In determining cost effectiveness under paragraph 
     (4)(A)(iii), the Secretary of Transportation shall take into 
     account the total value to the United States of reduced 
     petroleum use, including the value of reducing external costs 
     of petroleum use, using a value for such costs equal to 50 
     percent of the value of a gallon of gasoline saved or the 
     amount determined in an analysis of the external costs of 
     petroleum use that considers--
       ``(A) value to consumers;
       ``(B) economic security;
       ``(C) national security;
       ``(D) foreign policy;
       ``(E) the impact of oil use--
       ``(i) on sustained cartel rents paid to foreign suppliers;
       ``(ii) on long-run potential gross domestic product due to 
     higher normal-market oil price levels, including inflationary 
     impacts;
       ``(iii) on import costs, wealth transfers, and potential 
     gross domestic product due to increased trade imbalances;
       ``(iv) on import costs and wealth transfers during oil 
     shocks;
       ``(v) on macroeconomic dislocation and adjustment costs 
     during oil shocks;
       ``(vi) on the cost of existing energy security policies, 
     including the management of the Strategic Petroleum Reserve;
       ``(vii) on the timing and severity of the oil peaking 
     problem;
       ``(viii) on the risk, probability, size, and duration of 
     oil supply disruptions;
       ``(ix) on OPEC strategic behavior and long-run oil pricing;
       ``(x) on the short term elasticity of energy demand and the 
     magnitude of price increases resulting from a supply shock;
       ``(xi) on oil imports, military costs, and related security 
     costs, including intelligence, homeland security, sea lane 
     security and infrastructure, and other military activities;
       ``(xii) on oil imports, diplomatic and foreign policy 
     flexibility, and connections to geopolitical strife, 
     terrorism, and international development activities;
       ``(xiii) on all relevant environmental hazards under the 
     jurisdiction of the Environmental Protection Agency; and
       ``(xiv) on well-to-wheels urban and local air emissions of 
     `pollutants' and their uninternalized costs;
       ``(F) the impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil price changes, including the magnitude of gross domestic 
     product losses in response to short term price shocks or long 
     term price increases;
       ``(G) the impact of United States payments for oil imports 
     on political, economic, and military developments in unstable 
     or unfriendly oil exporting countries;
       ``(H) the uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage; and
       ``(I) additional relevant factors, as determined by the 
     Secretary.

[[Page 16986]]

       ``(6) When considering the value to consumers of a gallon 
     of gasoline saved, the Secretary of Transportation may not 
     use a value that is less than the greatest of--
       ``(A) the average national cost of a gallon of gasoline 
     sold in the United States during the 12-month period ending 
     on the date on which the new fuel economy standard is 
     proposed;
       ``(B) the most recent weekly estimate by the Energy 
     Information Administration of the Department of Energy of the 
     average national cost of a gallon of gasoline (all grades) 
     sold in the United States; or
       ``(C) the gasoline prices projected by the Energy 
     Information Administration for the 20-year period beginning 
     in the year following the year in which the standards are 
     established.
       ``(7) In prescribing standards under this subsection, the 
     Secretary may prescribe standards for 1 or more model years.
       ``(8)(A) Not later than December 31, 2016, the Secretary of 
     Transportation, the Secretary of Energy, and the 
     Administrator of the Environmental Protection Agency shall 
     submit a joint report to Congress on the state of global 
     automotive efficiency technology development, and on the 
     accuracy of tests used to measure fuel economy of automobiles 
     under section 32904(c), utilizing the study and assessment of 
     the National Academy of Sciences referred to in subparagraph 
     (B).
       ``(B) The Secretary of Transportation shall enter into 
     appropriate arrangements with the National Academy of 
     Sciences to conduct a comprehensive study of the 
     technological opportunities to enhance fuel economy and an 
     analysis and assessment of the accuracy of fuel economy tests 
     used by the Administrator of the Environmental Protection 
     Agency to measure fuel economy for each model under section 
     32904(c). Such analysis and assessment shall identify any 
     additional factors or methods that should be included in 
     tests to measure fuel economy for each model to more 
     accurately reflect actual fuel economy of automobiles. The 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency shall furnish, at the request 
     of the Academy, any information that the Academy determines 
     to be necessary to conduct the study, analysis, and 
     assessment under this subparagraph.
       ``(C) The report submitted under subparagraph (A) shall 
     include--
       ``(i) the study of the National Academy of Sciences 
     referred to in subparagraph (B); and
       ``(ii) an assessment by the Secretary of Transportation of 
     technological opportunities to enhance fuel economy and 
     opportunities to increase overall fleet safety.
       ``(D) The report submitted under subparagraph (A) shall 
     identify and examine additional opportunities to reform the 
     regulatory structure under this chapter, including approaches 
     that seek to merge vehicle and fuel requirements into a 
     single system that achieves equal or greater reduction in 
     petroleum use and environmental benefits than the amount of 
     petroleum use and environmental benefits that have been 
     achieved as of the date of the enactment of this Act.
       ``(E) The report submitted under subparagraph (A) shall--
       ``(i) include conclusions reached by the Administrator of 
     the Environmental Protection Agency, as a result of detailed 
     analysis and public comment, on the accuracy of fuel economy 
     tests as in use during the period beginning on the date that 
     is 5 years before the completion of the report and ends on 
     the date of such completion;
       ``(ii) identify any additional factors that the 
     Administrator determines should be included in tests to 
     measure fuel economy for each model to more accurately 
     reflect actual fuel economy of automobiles; and
       ``(iii) include a description of options, formulated by the 
     Secretary of Transportation and the Administrator, to 
     incorporate such additional factors in fuel economy tests in 
     a manner that will not effectively increase or decrease 
     average fuel economy for any automobile manufacturer.''; and
       (4) in subsection (g)(2), by striking ``(and submit the 
     amendment to Congress when required under subsection (c)(2) 
     of this section)''.
       (b) Conforming Amendments.--
       (1) In general.--Chapter 329 of title 49, United States 
     Code, is amended--
       (A) in section 32903--
       (i) by striking ``passenger'' each place it appears;
       (ii) by striking ``section 32902(b)-(d) of this title'' 
     each place it appears and inserting ``subsection (c) or (d) 
     of section 32902'';
       (iii) by striking subsection (e); and
       (iv) by redesignating subsection (f) as subsection (e); and
       (B) in section 32904--
       (i) in subsection (a)--

       (I) by striking ``passenger'' each place it appears; and
       (II) in paragraph (1), by striking ``subject to'' and all 
     that follows through ``section 32902(b)-(d) of this title'' 
     and inserting ``subject to subsection (c) or (d) of section 
     32902''; and

       (ii) in subsection (b)(1)(B), by striking ``under this 
     chapter'' and inserting ``under section 32902(c)(2)''.
       (2) Effective date.--The amendments made by this section 
     shall apply to automobiles manufactured after model year 
     2012.

     SEC. 504. CREDIT TRADING, COMPLIANCE, AND JUDICIAL REVIEW.

       (a) Credit Trading.--Section 32903(a) of title 49, United 
     States Code, is amended--
       (1) by inserting ``Credits earned by a manufacturer under 
     this section may be sold to any other manufacturer and used 
     as if earned by that manufacturer, except that credits earned 
     by a manufacturer described in clause (i) of section 
     32904(b)(1)(A) may only be sold to a manufacturer described 
     such clause (i) and credits earned by a manufacturer 
     described in clause (ii) of such section may only be sold to 
     a manufacturer described in such clause (ii).'' after ``earns 
     credits.'';
       (2) by striking ``3 consecutive model years immediately'' 
     each place it appears and inserting ``model years''; and
       (3) effective for model years after 2012, the sentence 
     added by paragraph (1) of this subsection is amended by 
     inserting ``for purposes of compliance with section 
     32902(c)(2)'' after ``except that''.
       (b) Multi-Year Compliance Period.--Section 32904(c) of such 
     title is amended--
       (1) by inserting ``(1)'' before ``The Administrator''; and
       (2) by adding at the end the following:
       ``(2) The Secretary, by rule, may allow a manufacturer to 
     elect a multi-year compliance period of not more than 4 
     consecutive model years in lieu of the single model year 
     compliance period otherwise applicable under this chapter.''.
       (c) Judicial Review of Regulations.--Section 32909(a)(1) of 
     such title is amended by striking out ``adversely affected 
     by'' and inserting ``aggrieved or adversely affected by, or 
     suffering a legal wrong because of,''.

     SEC. 505. CONSUMER TAX CREDIT.

       (a) Elimination on Number of New Qualified Hybrid and 
     Advanced Lean Burn Technology Vehicles Eligible for 
     Alternative Motor Vehicle Credit.--
       (1) In general.--Section 30B of the Internal Revenue Code 
     of 1986 is amended--
       (A) by striking subsection (f); and
       (B) by redesignating subsections (g) through (j) as 
     subsections (f) through (i), respectively.
       (2) Conforming amendments.--
       (A) Paragraphs (4) and (6) of section 30B(h) of such Code 
     are each amended by striking ``(determined without regard to 
     subsection (g))'' and inserting ``determined without regard 
     to subsection (f))''.
       (B) Section 38(b)(25) of such Code is amended by striking 
     ``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''.
       (C) Section 55(c)(2) of such Code is amended by striking 
     ``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''.
       (D) Section 1016(a)(36) of such Code is amended by striking 
     ``section 30B(h)(4)'' and inserting ``section 30B(g)(4)''.
       (E) Section 6501(m) of such Code is amended by striking 
     ``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''.
       (b) Extension of Alternative Vehicle Credit for New 
     Qualified Hybrid Motor Vehicles.--Paragraph (3) of section 
     30B(i) of such Code (as redesignated by subsection (a)) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (c) Computation of Credit.--Section 30B of such Code is 
     amended by striking ``city'' each place it appears and 
     inserting ``combined''.
       (d) Effective Dates.--The amendments made by subsections 
     (a) and (b) of this section shall apply to property placed in 
     service after December 31, 2007, in taxable years ending 
     after such date. The amendments made by subsection (c) shall 
     apply to vehicles acquired after the date of the enactment of 
     this Act.

     SEC. 506. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING 
                   CREDIT.

       (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. 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 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 advanced technology motor vehicles or to produce 
     eligible components,
       ``(B) for engineering integration performed in the United 
     States of such vehicles and components as described in 
     subsection (d),
       ``(C) for research and development performed in the United 
     States related to advanced technology motor vehicles and 
     eligible components, and
       ``(D) for employee retraining with respect to the 
     manufacturing of such vehicles or components (determined 
     without regard to wages or salaries of such retrained 
     employees).

[[Page 16987]]

       ``(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) Definitions.--In this section:
       ``(1) Advanced technology motor vehicle.--The term 
     `advanced technology motor vehicle' means--
       ``(A) any qualified electric vehicle (as defined in section 
     30(c)(1)),
       ``(B) any new qualified fuel cell motor vehicle (as defined 
     in section 30B(b)(3)),
       ``(C) any new advanced lean burn technology motor vehicle 
     (as defined in section 30B(c)(3)),
       ``(D) any new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(2)(A) and determined without regard to any 
     gross vehicle weight rating),
       ``(E) 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
       ``(F) any other motor vehicle using electric drive 
     transportation technology (as defined in paragraph (3)).
       ``(2) 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.
       ``(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) accumulator or other energy storage device;
       ``(ii) hydraulic pump;
       ``(iii) hydraulic pump-motor assembly;
       ``(iv) power control unit; and
       ``(v) power controls;
       ``(C) 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
       ``(D) with respect to any advanced technology motor 
     vehicle, any other component submitted for approval by the 
     Secretary.
       ``(4) 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 motor vehicles or any component parts of such 
     vehicles.
       ``(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--
       ``(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.
       ``(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 as a credit carryback to each of the 15 taxable years 
     immediately preceding the unused credit year and as a 
     carryforward to each of the 20 taxable years immediately 
     following the unused credit year.
       ``(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) Allocation of Credit to Purchasers.--
       ``(1) Election to allocate.--
       ``(A) In general.--In the case of an eligible taxpayer, any 
     portion of the credit determined under subsection (a) for the 
     taxable year may, at the election of such taxpayer, be 
     apportioned among purchasers of qualifying vehicles from the 
     taxpayer in the taxable year (or in any year in which the 
     credit may be carried over).
       ``(B) Qualifying vehicles.--For purposes of this 
     subsection, the term `qualifying vehicle' means an advanced 
     technology vehicle manufactured at a facility described in 
     subsection (b)(1)(A).
       ``(C) Form and effect of election.--An election under 
     subparagraph (A) for any taxable year shall be made on a 
     timely filed return for such year. Such election, once made, 
     shall be irrevocable for such taxable year.
       ``(2) Treatment of taxpayer and purchasers.--The amount of 
     the credit apportioned to any purchaser under paragraph (1)--
       ``(A) shall not be included in the amount determined under 
     subsection (a) with respect to the eligible taxpayer for the 
     taxable year; and
       ``(B) shall be treated as an amount determined under 
     subsection (a) for the taxable year of the purchaser which 
     ends in the calendar year of purchase.
       ``(3) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of an eligible taxpayer 
     determined under subsection (a) for a taxable year is less 
     than the amount of such credit shown on the return of the 
     taxpayer for such year, an amount equal to the excess of--
       ``(A) such reduction, over
       ``(B) the amount not apportioned to such purchasers under 
     paragraph (1) for the taxable year,

     shall be treated as an increase in tax imposed by this 
     chapter on the eligible taxpayer.
       ``(4) Written notice to purchasers.--If any portion of the 
     credit available under subsection (a) is allocated to 
     purchasers under paragraph (1), the eligible taxpayer shall 
     provide any purchaser receiving an allocation written notice 
     of the amount of the allocation. Such notice may be provided 
     either at the time of purchase or at any time not later than 
     60 days after the close of the calendar year in which the 
     vehicle is purchased.
       ``(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, 2011.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) of the Internal Revenue Code of 1986 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(g).''.
       (2) Section 6501(m) of such Code is amended by inserting 
     ``30D(k),'' after ``30C(e)(5),''.
       (3) 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. 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, 1999.

[[Page 16988]]


                                 ______
                                 
  SA 1841. Mr. McCONNELL (for Mr. Coburn) submitted an amendment 
intended to be proposed by Mr. McConnell 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. ___. LIMITATIONS ON EXPENSES FOR CONFERENCES AND RELATED 
                   TRAVEL EXPENSES OF FEDERAL AGENCIES.

       (a) Definitions.--In this section, the term--
       (1) ``agency'' means an Executive agency as defined under 
     section 105 of title 5, United States Code; and
       (2) ``conference''--
       (A) means a meeting that--
       (i) is held for consultation, education, or discussion;
       (ii) includes participants who are not all employees of the 
     same agency;
       (iii) is not held entirely at an agency facility;
       (iv) involves costs associated with travel and lodging for 
     some participants; and
       (v) is sponsored by 1 or more agencies, 1 or more 
     organizations that are not agencies, or a combination of such 
     agencies or organizations; and
       (B) shall not include any routine meeting between employees 
     of an agency and individuals who are not Federal employees 
     that--
       (i) is for the purpose of--

       (I) the discussion of an ongoing project; or
       (II) providing training; or

       (ii) is related to international diplomacy or national 
     security.
       (b) Limitations on Annual Conferences and Related Travel 
     Expenses.--In the case of each of the fiscal years 2008 
     through 2013, each agency may not make, or obligate to make, 
     expenditures for conferences including related travel 
     expenses, in an aggregate amount greater than the amount 
     determined for that agency under subsection (c)(1).
       (c) Office of Management and Budget.--
       (1) Maximum amount for each agency.--Subject to paragraph 
     (2), with respect to each of the fiscal years 2008 through 
     2013, the Office of Management and Budget shall determine a 
     maximum amount that each agency may make, or obligate to 
     make, for expenditures for conferences including related 
     travel expenses for each fiscal year. The maximum amount 
     determined under this subparagraph for any agency may vary 
     from the maximum amount determined under this subparagraph 
     for any other agency.
       (2) Maximum amount for all agencies.--With respect to each 
     of the fiscal years 2008 through 2013, the total amount that 
     all agencies may make, or obligate to make, for expenditures 
     for conferences including related travel expenses may not 
     exceed $350,000,000.
       (3) Identification of travel expenses.--Not later than 
     September 1, 2007, the Director of the Office of Management 
     and Budget, after consultation with the Administrator of 
     General Services, shall establish guidelines for the 
     determination of what expenses constitute expenses for 
     conferences including related travel expenses for purposes of 
     this section.
       (d) Limitation on Conferences Outside the United States.--
     No agency may pay the travel expenses for more than 50 
     employees of that agency who are stationed in the United 
     States, for any conference occurring outside the United 
     States.
                                 ______
                                 
  SA 1842. Mr. STEVENS (for himself, Ms. Murkowski, Mr. Vitter, and Mr. 
Craig) submitted an amendment intended to be proposed by Mr. Stevens  
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  --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 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).

     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 among the eligible activities described in 
     section --03; and
       (5) describe with specificity 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 offshore administrative boundaries of an eligible coastal 
     State formed by the extension of the seaward lateral 
     boundaries of the State, calculated using the conventions 
     established to delimit international lateral boundaries under 
     the law of the sea, 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 more than 20 
     percent of the funds made available to a State in each fiscal 
     year pursuant to this title shall be made available to local 
     governments of such State, based upon a formula giving equal 
     weight to coastal population and shoreline miles, 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, coral reefs, 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 
     native and rural coastal communities threatened by erosion;
       (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, coastal estuaries, and lands, life, and 
     property in the coastal zone;

[[Page 16989]]

       (8) long-term coastal and ocean research and education, 
     monitoring, and natural resource management;
       (9) regional multi-State management efforts designed to 
     manage, protect, or restore the coastal zone and ocean 
     resources; or
       (10) management and administration of grants authorized 
     under this section.

     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 non-point sources of coastal pollution; 
     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) for a purpose described 
     in section --03.

     SEC. --08. DEFINITIONS.

       In this title:
       (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.--For fiscal year 2008 and each fiscal year 
     thereafter, 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 Assistant Administrator of the National Oceanic and 
     Atmospheric Administration for oceanic and atmospheric 
     research.
       (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 private sector, of which at 
     least 2 shall be from the commercial fishing industry, to be 
     appointed by the Secretary of Commerce, of whom 1 shall be 
     appointed from the East Coast, 1 shall be appointed from the 
     Gulf of Mexico, 1 shall be appointed from the West Coast, and 
     1 shall be appointed from Alaska.
       (F) 2 representatives of non-profit conservation 
     organizations, appointed by the Secretary of Commerce.
       (G) 2 representatives of academia with strong scientific or 
     technical credentials and experience in marine affairs, 
     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)(l)(E), (a)(l)(F), or (a)(l)(G) of this section 
     is 3 years.
       (2) Of the Council members first appointed under subsection 
     (a)(l)(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)(l)(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 Secretary shall appoint an 
     individual, who shall serve at the pleasure of the 
     Secretary--
       (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) 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). The Secretary shall establish criteria for 
     entities who are eligible to submit an application for a 
     grant under the program, including Federal agencies, State 
     and local government entities, fishery management 
     organizations, and non-profit conservation organizations.
       (b) Award by Appropriation.--Grants under the program shall 
     be awarded by appropriations Act on the basis of the 
     Council's recommendations.
       (c) Applications.--An entity that meets the applicant 
     eligibility criteria established by the Secretary under 
     subsection (a) may submit an application, in accordance with 
     the procedures established by the Secretary under subsection 
     (a), to the Council--

[[Page 16990]]

       (1) containing such information and assurances as the 
     Secretary may require; and
       (2) describing how the grant proceeds will be allocated 
     among the eligible purposes described in subsection (d).
       (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 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;
       (5) mitigation of the effects of offshore activities, 
     including environmental restoration; and
       (6) ocean literacy and education.

     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 1843. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1792 proposed by Mr. Stevens (for himself, Ms. Snowe, Mr. 
Alexander, Mr. Kerry, Mr. Carper, Mr. Lott, and Mr. Corker) 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 the matter proposed to be inserted, add the 
     following:

     SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

       (a) In General.--The Secretary of Transportation shall 
     establish and implement an action plan which takes into 
     consideration the availability of cost effectiveness of 
     alternative fuels, which will ensure that, beginning with 
     model year 2015, the percentage of new automobiles for sale 
     in the United States that are alternative fuel automobiles is 
     not less than 50 percent.
       (b) Definitions.--In this section:
       (1) Alternative fuel automobile.--The term ``alternative 
     fuel automobile'' means the following but not limited to--
       (A) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986) that achieves at least 125 percent of the model year 
     2002 city fuel economy;
       (B) an alternative fueled automobile;
       (C) a flexible fuel automobile;
       (D) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
       (E) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code);
       (F) a plug-in hybrid automobile;
       (G) an electric automobile;
       (H) a hydrogen internal combustion engine automobile; and
       (I) any other automobile that uses substantially new 
     technology and achieves at least 175 percent of the model 
     year 2002 city fuel economy, as determined by the Secretary 
     of Transportation, by regulation.
       (2) Other terms.--Any term used in this section that is 
     defined in section 32901 of title 49, United States Code, has 
     the meaning given that term in that section.
                                 ______
                                 
  SA 1844. Mr. VITTER 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 213, between lines 30 and 31, insert the following:

     SEC. 403A. INELIGIBILITY FOR UNITED STATES BIRTHRIGHT 
                   CITIZENSHIP.

       (a) In General.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by inserting after 
     subsection (c) the following:
       ``(d) Acknowledging that the right of birthright 
     citizenship mandated under section 1 of the Fourteenth 
     Amendment to the United States Constitution applies only to 
     children born in the United States to a parent who is subject 
     to the full and exclusive jurisdiction of the United States, 
     a person born in the United States shall not be considered to 
     be `subject to the jurisdiction of the United States' for 
     purposes of section 301(a) if the person was born in the 
     United States to parents who are not legally present in the 
     United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to people born on or after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1845. Mr. VITTER 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 4, between lines 3 and 4, insert the following:
       (7) US-VISIT system.--The integrated entry and exit data 
     system required under section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a), which was required to be implemented not later than 
     December 21, 2005, has been fully implemented and is 
     functioning at every land, sea, and air port of entry into 
     the United States.
                                 ______
                                 
  SA 1846. Mr. VITTER 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 1847. Mr. ENSIGN 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 607 and insert the following:

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION OR FOR ANY PERIOD WITHOUT WORK 
                   AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsections:
       ``(d)(1) Except as provided in paragraph (2)--
       ``(A) no quarter of coverage shall be credited for purposes 
     of this section if, with respect to any individual who is 
     assigned a social security account number on or after the 
     date of enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned; and
       ``(B) no quarter of coverage shall be credited for purposes 
     of this section for any calendar year, with respect to an 
     individual who is not a natural-born United States citizen, 
     unless the Commissioner of Social Security determines, on the 
     basis of information provided to the Commissioner in 
     accordance with an agreement entered into under subsection 
     (e) or otherwise, that the individual was authorized to be 
     employed in the United States during such quarter.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).
       ``(e) Not later than 180 days after the date of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, the Secretary of Homeland Security shall enter into an 
     agreement with the Commissioner of Social Security to provide 
     such information as the Commissioner determines necessary to 
     carry out the limitations on crediting quarters of coverage 
     under subsection (d), however, this provision shall not be 
     construed to establish an effective date for purposes of this 
     section.
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in computing the average indexed monthly earnings of 
     an individual who is assigned a social security account 
     number on

[[Page 16991]]

     or after the date of enactment of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007, 
     there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective as of the date of enactment of this Act.
                                 ______
                                 
  SA 1848. Mr. ENSIGN 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:

       In section 602(a), strike paragraph (6).
       Beginning on page 646, strike line 17 and all that follows 
     through page 647 line 6.
                                 ______
                                 
  SA 1849. Mr. ENSIGN 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:

       In section 602(a), strike paragraph (6).
                                 ______
                                 
  SA 1850. Mr. ENSIGN 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 rdered to lie on the table; as 
follows:

       Beginning on page 646, strike line 17 and all that follows 
     through page 647 line 6.
                                 ______
                                 
  SA 1851. Mr. ENSIGN 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 524, strike line 1 and all that follows 
     through page 525, line 6.
       On page 527 in the table preceding line 1, strike the items 
     relating to supplemental schedule for Zs.
       Beginning on page 542, strike line 20 and all that follows 
     through page 543 line 25.
                                 ______
                                 
  SA 1852. Mr. ENSIGN 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 rdered to lie on the table; as 
follows:

       Beginning on page 524, strike line 1 and all that follows 
     through page 525, line 6.
                                 ______
                                 
  SA 1853. Mr. ENSIGN 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 542, strike line 20 and all that follows 
     through page 543 line 25.
                                 ______
                                 
  SA 1854. Mr. ENSIGN 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 658, strike line 20 and all that follows 
     through page 659, line 21 and insert the following:
       (----) Payment of Income Taxes--
       (i) In general.--Not later than the date on which status is 
     adjusted under this section, the alien establishes the 
     payment of any applicable Federal tax liability and State and 
     Local tax liability by establishing that--
       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       (ii) Definitions--
       (I) Applicable federal tax liability--For purposes of 
     clause (i), the term `applicable Federal tax liability' means 
     liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required by subparagraph (D)(i) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       (II) State and local tax liability--For purposes of clause 
     (i), `State and Local tax liability' means any tax liability, 
     including penalties and interest, due to any State or Local 
     jurisdiction in which the alien worked prior to being issued 
     a probationary Z visa pursuant to Section 601 of this Act, if 
     such State or Local jurisdiction establishes a program by 
     which aliens who are issued such visa are required to pay 
     such tax liability.
       (iii) IRS cooperation-- The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       (iv) Limitation--Provided further that an alien required to 
     pay taxes under this subparagraph, or who otherwise satisfies 
     the requirements of clause (i), shall not be allowed to 
     collect any tax refund for any taxable year prior to 2007, or 
     to file any claim for the Earned Income Tax Credit, or any 
     other tax credit otherwise allowable under the tax code, 
     prior to such taxable year.
                                 ______
                                 
  SA 1855. Mr. ENSIGN 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 in title VII, strike the section 
     that requires the Secretary of Education to develop an 
     Internet-based English Learning Program.
                                 ______
                                 
  SA 1856. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1786 submitted by Mr. Biden (for himself and Mr. Lugar) 
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:

       At the appropriate place, add the following:

     SEC. 7__. SENSE OF SENATE REGARDING THE NEED FOR THE UNITED 
                   STATES TO ADDRESS GLOBAL CLIMATE CHANGE.

       (a) Findings.--Congress finds that--
       (1) global climate change has become a widely discussed 
     concern on both the national and international level;
       (2) efforts to reduce greenhouse gases globally are best 
     achieved through cooperation and active participation from 
     the largest-emitting countries;
       (3) global greenhouse gas emissions are projected to 
     increase 25 to 90 percent during the period of calendar years 
     2000 through 2030, with up to 75 percent of that increase 
     coming from emerging markets;
       (4) the emissions from both the developed and developing 
     countries are key components of overall global emissions;
       (5) China is expected to surpass the United States in 
     emissions of greenhouse gases within the year;
       (6) on June 7, 2007, the G8 issued a Summit Declaration 
     entitled ``Growth and Responsibility in the World Economy'' 
     declaring its current approach to addressing global climate 
     change;
       (7) on June 8, 2007, the G8 and the governments of Brazil 
     China, India, Mexico and South Africa issued a joint 
     statement declaring a cooperative approach to addressing 
     global climate change;
       (8) the G8 has committed to enhancing energy efficiency, 
     diversifying energy supplies and developing and deploying new 
     and transformational technologies;
       (9) the United States has committed to building upon the 
     successful Asia-Pacific Partnership in reaching out to 
     industry participation in meeting the goals of the G8 
     declaration addressing climate and energy;
       (10) the G8 has declared that frameworks to address climate 
     change ``must address not only climate change but also energy 
     security, economic growth, and sustainable development 
     objectives in an integrated approach'';
       (11) the United States has committed to working with 
     emerging markets to develop a stronger program of measuring 
     performance and making data more transparent so that 
     measurement standards are comparable across countries;
       (12) the United States has committed to leading the way to 
     the development of a new framework on climate change for the 
     time after the Kyoto Protocol expires in 2012 by trying to 
     find consensus among the 15 countries that are responsible 
     for the most energy use and greenhouse gas emissions;
       (13) the G8 has endorsed the convening in the United States 
     of such a meeting this year to engage major emitting 
     economies on how best to address climate change, developing a 
     framework by the end of 2008;
       (14) the G8 agreed that this dialogue will support the UN 
     climate process and report back to the UNFCCC, contributing 
     to a global agreement under the UNFCCC by 2009; and
       (15) the United States led the effort to craft a new 
     approach adopted by the G8 that frames climate change within 
     a broader context of energy security and economic growth--an 
     approach strongly supported by major emerging markets.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the United States should continue its leadership role in 
     addressing climate change, clean energy development and 
     deployment, and energy security on an international scale 
     by--
       (1) participating in further negotiations regarding a post-
     Kyoto agreement--
       (A) in accordance with the principles laid out by the G8 in 
     the Summit Declaration entitled ``Growth and Responsibility 
     in the World Economy;''

[[Page 16992]]

       (B) through which it leads efforts to obtain constructive 
     participation and comparable actions by major emerging 
     economies;
       (C) to develop an international approach that enhances 
     energy security;
       (D) that promotes economic growth, does not harm the United 
     States economy, and produces emissions reductions; and
       (E) that achieves its objectives though development and 
     investment in advanced technologies and practices; and
       (2) establishing a bipartisan observer group, the members 
     of which shall be designated by the Majority Leader and 
     Minority Leader of the Senate--
       (A) to monitor any international negotiations, agreements, 
     or other arrangements on climate change; and
       (B) to 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 1857. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1787 submitted by Mr. Biden (for himself and Mr. Lugar) 
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:

       At the appropriate place, add the following:

     SEC. 7__. SENSE OF SENATE REGARDING THE NEED FOR THE UNITED 
                   STATES TO ADDRESS GLOBAL CLIMATE CHANGE.

       (a) Findings.--Congress finds that--
       (1) global climate change has become a widely discussed 
     concern on both the national and international level;
       (2) efforts to reduce greenhouse gases globally are best 
     achieved through cooperation and active participation from 
     the largest-emitting countries;
       (3) global greenhouse gas emissions are projected to 
     increase 25 to 90 percent during the period of calendar years 
     2000 through 2030, with up to 75 percent of that increase 
     coming from emerging markets;
       (4) the emissions from both the developed and developing 
     countries are key components of overall global emissions;
       (5) China is expected to surpass the United States in 
     emissions of greenhouse gases within the year;
       (6) on June 7, 2007, the G8 issued a Summit Declaration 
     entitled ``Growth and Responsibility in the World Economy'' 
     declaring its current approach to addressing global climate 
     change;
       (7) on June 8, 2007, the G8 and the governments of Brazil 
     China, India, Mexico and South Africa issued a joint 
     statement declaring a cooperative approach to addressing 
     global climate change;
       (8) the G8 has committed to enhancing energy efficiency, 
     diversifying energy supplies and developing and deploying new 
     and transformational technologies;
       (9) the United States has committed to building upon the 
     successful Asia-Pacific Partnership in reaching out to 
     industry participation in meeting the goals of the G8 
     declaration addressing climate and energy;
       (10) the G8 has declared that frameworks to address climate 
     change ``must address not only climate change but also energy 
     security, economic growth, and sustainable development 
     objectives in an integrated approach'';
       (11) the United States has committed to working with 
     emerging markets to develop a stronger program of measuring 
     performance and making data more transparent so that 
     measurement standards are comparable across countries;
       (12) the United States has committed to leading the way to 
     the development of a new framework on climate change for the 
     time after the Kyoto Protocol expires in 2012 by trying to 
     find consensus among the 15 countries that are responsible 
     for the most energy use and greenhouse gas emissions;
       (13) the G8 has endorsed the convening in the United States 
     of such a meeting this year to engage major emitting 
     economies on how best to address climate change, developing a 
     framework by the end of 2008;
       (14) the G8 agreed that this dialogue will support the UN 
     climate process and report back to the UNFCCC, contributing 
     to a global agreement under the UNFCCC by 2009; and
       (15) the United States led the effort to craft a new 
     approach adopted by the G8 that frames climate change within 
     a broader context of energy security and economic growth--an 
     approach strongly supported by major emerging markets.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the United States should continue its leadership role in 
     addressing climate change, clean energy development and 
     deployment, and energy security on an international scale 
     by--
       (1) participating in further negotiations regarding a post-
     Kyoto agreement--
       (A) in accordance with the principles laid out by the G8 in 
     the Summit Declaration entitled ``Growth and Responsibility 
     in the World Economy;''
       (B) through which it leads efforts to obtain constructive 
     participation and comparable actions by major emerging 
     economies;
       (C) to develop an international approach that enhances 
     energy security;
       (D) that promotes economic growth, does not harm the United 
     States economy, and produces emissions reductions; and
       (E) that achieves its objectives though development and 
     investment in advanced technologies and practices; and
       (2) establishing a bipartisan observer group, the members 
     of which shall be designated by the Majority Leader and 
     Minority Leader of the Senate--
       (A) to monitor any international negotiations, agreements, 
     or other arrangements on climate change; and
       (B) to 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 1858. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1792 proposed by Mr. Stevens (for himself, Ms. Snowe, Mr. 
Alexander, Mr. Kerry, Mr. Carper, Mr. Lott, and Mr. Corker) 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 the matter proposed to be inserted, add the 
     following:

     SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

       (a) In General.--The Secretary of Transportation shall 
     establish and implement an action plan which takes into 
     consideration the availability of alternative fuel and cost 
     effectiveness of technologies, which will ensure that, 
     beginning with model year 2015, the percentage of new 
     automobiles for sale in the United States that are 
     alternative fuel automobiles is not less than 50 percent.
       (b) Definitions.--In this section:
       (1) Alternative fuel automobile.--The term ``alternative 
     fuel automobile'' means the following, but is not limited 
     to--
       (A) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986) that achieves at least 125 percent of the model year 
     2002 city fuel economy;
       (B) an alternative fueled automobile;
       (C) a flexible fuel automobile;
       (D) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
       (E) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code);
       (F) a plug-in hybrid automobile;
       (G) an electric automobile;
       (H) a hydrogen internal combustion engine automobile;
       (I) a diesel-fueled automobile; and
       (J) any other automobile that uses substantially new 
     technology and achieves at least 175 percent of the model 
     year 2002 city fuel economy, as determined by the Secretary 
     of Transportation, by regulation.
       (2) Other terms.--Any term used in this section that is 
     defined in section 32901 of title 49, United States Code, has 
     the meaning given that term in that section.
                                 ______
                                 
  SA 1859. Mr. KERRY 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, 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

[[Page 16993]]

     ``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 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

[[Page 16994]]

     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) 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 
     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

[[Page 16995]]

       (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.''.
       (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

[[Page 16996]]

     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).

     SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

       (a) In General.--The Secretary of Transportation shall 
     establish and implement an action plan which takes into 
     consideration the availability of alternative fuel and cost 
     effectiveness of technologies, which will ensure that, 
     beginning with model year 2015, the percentage of new 
     automobiles for sale in the United States that are 
     alternative fuel automobiles is not less than 50 percent.
       (b) Definitions.--In this section:
       (1) Alternative fuel automobile.--The term ``alternative 
     fuel automobile'' means the following, but is not limited 
     to--
       (A) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986) that achieves at least 125 percent of the model year 
     2002 city fuel economy;
       (B) an alternative fueled automobile;
       (C) a flexible fuel automobile;
       (D) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
       (E) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code);
       (F) a plug-in hybrid automobile;
       (G) an electric automobile;
       (H) a hydrogen internal combustion engine automobile;
       (I) a diesel-fueled automobile; and
       (J) any other automobile that uses substantially new 
     technology and achieves at least 175 percent of the model 
     year 2002 city fuel economy, as determined by the Secretary 
     of Transportation, by regulation.
       (2) Other terms.--Any term used in this section that is 
     defined in section 32901 of title 49, United States Code, has 
     the meaning given that term in that section.
                                 ______
                                 
  SA 1860. Mr. KERRY 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

[[Page 16997]]

     ``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 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

[[Page 16998]]

     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) 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 
     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

[[Page 16999]]

       (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. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

       (a) In General.--The Secretary of Transportation shall 
     establish and implement an action plan which takes into 
     consideration the availability of alternative fuel and cost 
     effectiveness of technologies, which will ensure that, 
     beginning with model year 2015, the percentage of new 
     automobiles for sale in the United States that are 
     alternative fuel automobiles is not less than 50 percent.
       (b) Definitions.--In this section:
       (1) Alternative fuel automobile.--The term ``alternative 
     fuel automobile'' means the following, but is not limited 
     to--
       (A) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986) that achieves at least 125 percent of the model year 
     2002 city fuel economy;
       (B) an alternative fueled automobile;
       (C) a flexible fuel automobile;
       (D) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
       (E) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code);
       (F) a plug-in hybrid automobile;
       (G) an electric automobile;
       (H) a hydrogen internal combustion engine automobile;
       (I) a diesel-fueled automobile; and
       (J) any other automobile that uses substantially new 
     technology and achieves at least 175 percent of the model 
     year 2002 city fuel economy, as determined by the Secretary 
     of Transportation, by regulation.
       (2) Other terms.--Any term used in this section that is 
     defined in section 32901 of title 49, United States Code, has 
     the meaning given that term in that section.
                                 ______
                                 
  SA 1861. Mr. KERRY 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 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--

[[Page 17000]]

       ``(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) 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'';

[[Page 17001]]

       (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.

     SEC. 511. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

       (a) In General.--The Secretary of Transportation shall 
     establish and implement an action plan which takes into 
     consideration the availability of alternative fuel and cost 
     effectiveness of technologies, which will ensure that, 
     beginning with model year 2015, the percentage of new 
     automobiles for sale in the United States that are 
     alternative fuel automobiles is not less than 50 percent.
       (b) Definitions.--In this section:
       (1) Alternative fuel automobile.--The term ``alternative 
     fuel automobile'' means the following, but is not limited 
     to--
       (A) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986) that achieves at least 125 percent of the model year 
     2002 city fuel economy;
       (B) an alternative fueled automobile;
       (C) a flexible fuel automobile;
       (D) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
       (E) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code);
       (F) a plug-in hybrid automobile;
       (G) an electric automobile;
       (H) a hydrogen internal combustion engine automobile;
       (I) a diesel-fueled automobile; and
       (J) any other automobile that uses substantially new 
     technology and achieves at least 175 percent of the model 
     year 2002 city fuel economy, as determined by the Secretary 
     of Transportation, by regulation.
       (2) Other terms.--Any term used in this section that is 
     defined in section 32901 of title 49, United States Code, has 
     the meaning given that term in that section.
                                 ______
                                 
  SA 1862. Mr. VITTER 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 3, strike lines 5 through 12, and insert the 
     following:
       (3) Catch and return.--The Department of Homeland Security 
     is detaining all removable aliens apprehended crossing the 
     southern border, except as specifically mandated by law, and 
     United States Immigration and Customs Enforcement (ICE) has 
     the resources to maintain this practice, including resources 
     to detain up to 45,000 aliens per day on an annual basis.
                                 ______
                                 
  SA 1863. Mr. VITTER 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 the first title VI (relating to Nonimmigrants in the 
     United States previously in unlawful status).
                                 ______
                                 
  SA 1864. Mr. VITTER 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 2, line 26, strike ``20,000'' and insert ``23,000''
                                 ______
                                 
  SA 1865. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform

[[Page 17002]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of section 1, insert the following:
       (e) Secure Fence Act of 2007.--Notwithstanding subsection 
     (a) or any other provision of law, this Act and the 
     amendments made by this Act shall not take effect until the 
     President certifies to the Congress that the Secretary of 
     Homeland Security has taken all actions necessary to comply 
     with the provisions of, and the amendments made by, the 
     Secure Fence Act of 2006 (Public Law 109-367; 120 Stat. 
     2638), including completing the installation of all fencing 
     and barriers required by such provisions and amendments.
                                 ______
                                 
  SA 1866. Mr. VITTER 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 2, beginning on line 5, strike ``the probationary 
     benefits conferred by section 601(h),''

                          ____________________