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Full Text of this Amendment

SA 265. Ms. STABENOW submitted an amendment intended to be proposed by her to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

On page 116, after line 24, add the following:
(a) Defined Term.--In this section, the term "greenhouse gas" means--
(1) water vapor;
(2) carbon dioxide;
(3) methane;
(4) nitrous oxide;
(5) sulfur hexafluoride;
(6) hydrofluorocarbons;
(7) perfluorocarbons; and
(8) any other substance subject to, or proposed to be subject to, any regulation, action, or consideration under the Clean Air Act (42 U.S.C. 7401 et seq.) to address climate change.
(b) In General.--Except as provided in subsection (d), and notwithstanding any provision of the Clean Air Act (42 U.S.C. 7401 et seq.), any requirement, restriction, or limitation under such Act relating to a greenhouse gas that is designed to address climate change, including any permitting requirement or requirement under section 111 of such Act (42 U.S.C. 7411), shall not be legally effective during the 2-year period beginning on the date of the enactment of this Act.
(c) Treatment.--Notwithstanding any other provision of law, any action by the Administrator of the Environmental Protection Agency before the end of the 2-year period described in subsection (b) that attempts to classify a greenhouse gas as a pollutant subject to regulation under the Clean Air Act (42 U.S.C. 7401 et seq.), except for purposes other than addressing climate change, for any source other than a new motor vehicle or a new motor vehicle engine (as described in section 202(a)
of such Act (42 U.S.C. 7521(a)) shall not be legally effective during such period.
(d) Exceptions.--Subsections (b) and (c) shall not apply to--
(1) the implementation and enforcement of the rule entitled "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" (75 Fed. Reg. 25324 (May 7, 2010) and without further revision); or
(2) the finalization, implementation, enforcement, and revision of the proposed rule entitled "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles" published at 75 Fed. Reg. 74152 (November 30, 2010).
(a) Preserving One National Standard for Automobiles.--Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following:
"(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year for new motor vehicles and new motor vehicle engines--
"(A) the Administrator may not waive application of subsection (a); and
"(B) no waiver granted prior to the date of enactment of this paragraph may be considered to waive the application of subsection (a).".
(b) Agricultural Sources.--In calculating the emissions or potential emissions of a source or facility, emissions of greenhouse gases that are subject to regulation under title III of the Clean Air Act (42 U.S.C. 7601 et seq.) solely on the basis of the effect of the gases on global climate change shall be excluded if the emissions are from--
(1) direct or indirect changes in land use;
(2) the growing of commodities, biomass, fruits, vegetables, or other crops;
(3) the raising of stock, dairy, poultry, or fur-bearing animals; or
(4) farms, forests, plantations, ranches, nurseries, ranges, orchards, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities.
(a) Short Title.--This section may be cited as the "Security in Energy and Manufacturing Act of 2011" or the "SEAM Act of 2011".
(b) Extension of the Advanced Energy Project Credit.--
(1) IN GENERAL.--Subsection (d) of section 48C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
"(A) IN GENERAL.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph.
"(B) LIMITATION.--The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2011 allocation amount reduced by so much of the 2011 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B).
"(C) APPLICATION OF CERTAIN RULES.--Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that--
"(i) CERTIFICATION.--Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications.
"(ii) SELECTION CRITERIA.--For purposes of paragraph (3)(B)(i), the term `domestic job creation (both direct and indirect)' means the creation of direct jobs in the United States producing the property manufactured at the manufacturing facility described under subsection (c)(1)(A)(i), and the creation of indirect jobs in the manufacturing supply chain for such property in the United States.
"(iii) REVIEW AND REDISTRIBUTION.--The Secretary shall conduct a separate review and redistribution under paragraph (5) with respect to such program not later than 4 years after the date of the enactment of this paragraph.
"(D) 2011 ALLOCATION AMOUNT.--For purposes of this subsection, the term `2011 allocation amount' means $5,000,000,000.
"(E) DIRECT PAYMENTS.--In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph.".
(2) PORTION OF 2011 ALLOCATION ALLOCATED TOWARD PENDING APPLICATIONS UNDER ORIGINAL PROGRAM.--Subparagraph (B) of section 48C(d)(1) of such Code is amended by inserting "(increased by so much of the 2011 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6))" after "$2,300,000,000".
(3) CONFORMING AMENDMENT.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "48C(d)(6)(E)," after "36C,".

(As printed in the Congressional Record for the Senate on Mar 29, 2011.)