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Full Text of this Amendment
SA 3805. Mr. CORKER (for himself and Mr. Alexander) submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
On page 1500, between lines 10 and 11, insert the following:
PART V--COMPETITIVE CERTIFICATION AWARDS
SEC. 12701. COMPETITIVE CERTIFICATION AWARDS MODIFICATION AUTHORITY.
(a) In General.--Section 48A (relating to qualifying advanced coal project credit) is amended by adding at the end the following new subsection:
``(h) Competitive Certification Awards Modification Authority.--In implementing this section or section 48B, the Secretary is directed to modify the terms of any competitive certification award and any associated closing agreement where such modification--
``(1) is consistent with the objectives of such section,
``(2) is requested by the recipient of the competitive certification award, and
``(3) involves moving the project site to improve the potential to capture and sequester carbon dioxide emissions, reduce costs of transporting feedstock, and serve a broader customer base,
unless the Secretary determines that the dollar amount of tax credits available to the taxpayer under such section would increase as a result of the modification or such modification would result in such project not being originally certified. In considering any such modification, the Secretary shall consult with other relevant Federal agencies, including the Department of Energy.''.
(b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act and is applicable to all competitive certification awards entered into under section 48A or 48B of the Internal Revenue Code of 1986, whether such awards were issued before, on, or after such date of enactment.
(As printed in the Congressional Record for the Senate on Dec 6, 2007.)
On page 1500, between lines 10 and 11, insert the following:
PART V--COMPETITIVE CERTIFICATION AWARDS
SEC. 12701. COMPETITIVE CERTIFICATION AWARDS MODIFICATION AUTHORITY.
(a) In General.--Section 48A (relating to qualifying advanced coal project credit) is amended by adding at the end the following new subsection:
``(h) Competitive Certification Awards Modification Authority.--In implementing this section or section 48B, the Secretary is directed to modify the terms of any competitive certification award and any associated closing agreement where such modification--
``(1) is consistent with the objectives of such section,
``(2) is requested by the recipient of the competitive certification award, and
``(3) involves moving the project site to improve the potential to capture and sequester carbon dioxide emissions, reduce costs of transporting feedstock, and serve a broader customer base,
unless the Secretary determines that the dollar amount of tax credits available to the taxpayer under such section would increase as a result of the modification or such modification would result in such project not being originally certified. In considering any such modification, the Secretary shall consult with other relevant Federal agencies, including the Department of Energy.''.
(b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act and is applicable to all competitive certification awards entered into under section 48A or 48B of the Internal Revenue Code of 1986, whether such awards were issued before, on, or after such date of enactment.
(As printed in the Congressional Record for the Senate on Dec 6, 2007.)
