[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Pages S2975-S2978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            HAITI ECONOMIC RECOVERY OPPORTUNITY ACT OF 2003

  Mr. DeWINE. Mr. President, I returned this week from my 12th trip to 
Haiti. As my colleagues are aware, I have many long-standing concerns 
about the dire political, economic, and humanitarian situation in 
Haiti.
  In a nation just over an hour's flight from Miami, there is abject 
poverty, suffering, and disease. We absolutely must pay closer 
attention to what is happening to our neighbors in our hemisphere. We 
must be engaged.
  That is why I am so pleased to be joining several of my Senate and 
House colleagues in introducing the ``Haiti Economic Recovery 
Opportunity Act of 2003.'' I'd like to thank our Senate Co-sponsors, 
who include Senators Graham of Florida, Lugar, Durbin, Nelson of 
Florida, and Representatives Congressmen Shaw and Conyers for their 
leadership in getting support for this bill, as well as our other House 
Co-sponsors, Representatives Crane, Rangel, Watson, Lee of California, 
Lee of Texas, Meek, Goss, Foley, Waters, and Delegate Christensen of 
the Virgin Islands.
  Our bill would take a major step in improving the economic and 
political situation in Haiti through an important tool of our foreign 
policy--and that is trade.
  As my colleagues, Senators Durbin, Nelson, and Chafee, and 
Representative Meek--all of whom traveled with me to Haiti over the 
course of this last month--the situation in Haiti is bleak. Haiti is 
the poorest country in our Hemisphere, with approximately 70 percent of 
its population out of work and 80 percent living in abject poverty. 
Less than one-half of Haiti's 7 million people can read or write. 
Haiti's infant mortality rate is the highest in our hemisphere. And one 
in four children under the age of five are malnourished.
  roughly one in 12 Haitians has HIV/AIDS and, according to the Centers 
for Disease Control projections, Haiti will experience up to 44,000 new 
HIV/AIDS cases this year--that's 4,000 more than the number expected 
here in the United States, where our population is 35 times that of 
Haiti's. AIDS already has orphaned over 200,000 children, and this 
number is expected to skyrocket to between 323,000 and 393,000 over the 
next ten years.
  The violence, corruption, and instability caused by the flow of drugs 
through Haiti cannot be overstated. An estimated 15 percent of all 
cocaine entering the United States passes through Haiti, the Dominican 
Republic, or both.
  All of this creates an environment where the logical course of action 
for many Haitians is simply to flee. We have seen this in the past, and 
we may see it again. So far this fiscal year, the Coast Guard has 
interdicted and rescued over 813 Haitian migrants at sea--compared to 
1,113 during the entire fiscal year 2000. And, according to the State 
Department, migrants recently interdicted and repatriated to Haiti have 
cited economic conditions as their reason for attempting to migrate by 
sea. I do not think that a mass exodus is imminent, but we cannot 
ignore any increase in migrant departures from Haiti. In addition to 
being an immigration issue for the United States, these migrant 
departures frequently result in the loss of life at sea.

  When I visited Haiti last month, we toured a textile assembly factor. 
What we saw was that this operation was providing about 800 Haitian 
laborers with jobs and giving them an income to help support their 
families. This is in a country that went from having 100,000 assembly 
jobs to only 30,000 today. There is no reason we can't reverse that 
trend.
  The bill we are introducing today attempts to change the economic 
situation by granting limited duty-free treatment on certain Haitian 
apparel articles if--and only if--the President is able to certify that 
the Haitian government is making serious market, political, and social 
reforms. The bill would correct a glitch or oversight in U.S. trade law 
that recognized the special economic needs of least developed countries 
in Africa, but did not recognize those needs for the least developed 
country in the Western Hemisphere--Haiti.
  Specifically, the bill would allow duty-free entry of Haitian apparel 
articles assembled from fabrics from countries with which the U.S. has 
a free trade or a regional trade agreement. It also would grant duty-
free status on articles, regardless of the origin of the fabrics and 
yarns, if the fabrics and yarns were not commercially available in the 
United States.
  The bill would cap duty-free apparel imports made of fabrics and 
yarns from the designated countries at 1.5 percent of total U.S. 
apparel imports. This limit grows modestly over time to 3.5 percent.
  The enactment of this legislation would promote employment in Haitian 
industry by allowing the country to become a garment production center. 
While the benefits of bill would be modest by U.S. standards, in Haiti 
they are substantial. It is estimated that the bill could create 
thousands of jobs, thereby reducing the unemployment rate and breaking 
the shackles of poverty. Before the 1991 coup, Haiti was one of the 
largest apparel suppliers in the Caribbean. Today, Haitian apparel 
accounts for less than one percent of all apparel imports into the 
United States.
  The type of assembly carried out in Haiti would have minimal impact 
on employment in the United States. Actually, it would encourage the 
emigration of jobs from the Far East back to our hemisphere, including 
the United States, because most Haitian foreign exchange earnings, 
unlike in the Far East, are utilized to purchase American products. 
And, the ``Trade and Development Act'' already includes strong 
safeguards against transshipment.

  In order for Haiti to be eligible for the trade benefits under the 
bill, the President must certify that Haiti is making progress on 
matters like the rule of law. This will not be an easy task for the 
Haitian government. However, I believe that because of the incentives 
provided in the bill, it would be more and more apparent to them that 
it is in their interest to reform.
  Adopting the Haiti Economic Recovery Opportunity Act of 2002 would be 
a powerful demonstration of our commitment to helping reverse the 
downward spiral in Haiti. I encourage my colleagues to join in support 
of this legislation.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 490. A bill to direct the Secretary of Agriculture to convey 
certain land in the Lake Tahoe Basin Management Unit, Nevada, to the 
Secretary of the Interior, in trust for the Washoe Indian Tribe of 
Nevada and California; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I rise today to reintroduce the Washoe Tribe 
Land Conveyance Act.
  I introduced this bill in both the 106th and 107th Congress, and it 
passed the Senate unanimously in 2000 and 2002. The bill has also been 
favorably received in the House: in the 106h Congress, it passed the 
House with unrelated amendments. Unfortunately, due to a shortage of 
time, the two versions of the bill were never reconciled and neither 
version became law.
  In 1997, I helped convene the Lake Tahoe Presidential Forum to 
discuss the future of the Lake Tahoe Basin. At that Forum a diverse 
group of federal, state, and local government leaders considered the 
challenges facing the extraordinary natural, recreational, and 
ecological resources of the Lake Tahoe region. I am pleased to note 
that the Forum provided the basis for the Lake Tahoe Restoration Act 
that Senator Feinstein and I introduced and President Clinton signed 
into law. This law authorizes $300 million of federal investment to 
protect and rehabilitate the Lake over a ten-year period. In addition, 
I have been able to steadily increase the federal investment in the 
Basin. We are well on our way to fulfilling the promises of the Forum.
  During the Forum a commitment was made to support the traditional

[[Page S2976]]

and customary sues of the Lake Tahoe Basin by the Washoe Tribe, most 
importantly, to provide the Tribe access to the shore of Lake Tahoe for 
cultural purposes. In short, this is not a controversial bill. It is a 
good bill, and it is the right thing to do.
  The ancestral homeland of the Washoe Tribe of Nevada and California 
included an area of over 5,000 square miles in and around the Lake 
Tahoe Basin. My bill ensures that members of the Tribe will have the 
opportunity to engage in their traditional and customary cultural 
practices at the Lake in the future as they have done in the past. This 
will help the tribe meet the needs of spiritual renewal, land 
stewardship and general reunification of the Tribe with its aboriginal 
lands--forever. The participants in the Lake Tahoe Presidential Forum 
endorsed the concept of this bill, and nearly five years later that 
concept continues to enjoy broad support. The land conveyed by this 
bill to the Washoe Tribe would be managed in accordance with the Lake 
Tahoe Regional Plan, would not be commercially developed, and would not 
preclude or hinder public access around the Lake.

  This Act will convey 24.3 acres from the Secretary of Agriculture to 
the Secretary of the Interior to be held in trust for the Washoe. This 
is not an expansive tract of land, but it is of profound significance 
to the Washoe people. I would like to point out a particular provision 
of the bill and explain the history behind it. Subsection (e) prohibits 
any type of development on the land. This provision was added at the 
request of the Washoe Tribe to guarantee that this land remains in its 
present unspoiled state for traditional and customary cultural uses. 
Tribal elders have indicated to me that these purposes could not be 
accomplished if the land were commercially developed, so I am pleased 
to include a provision ensuring that this land will remain in its 
natural state. I think this provision serves as a testimonial to the 
tribe's integrity and to how important the return of this land is to 
the Washoe people.
  Finally, I would like to note that Senator Ensign joins me today to 
introduce this important bill. I know that Senator Ensign values and 
works to protect the wonders of Lake Tahoe. His support for this bill 
will help ensure that the third time is the charm and that we make good 
on this important promise to the Washoe Tribe.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 490

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. WASHOE TRIBE LAND CONVEYANCE.

       (a) Findings.--Congress finds that--
       (1) the ancestral homeland of the Washoe Tribe of Nevada 
     and California (referred to in this Act as the ``Tribe'') 
     included an area of approximately 5,000 square miles in and 
     around Lake Tahoe, California and Nevada, and Lake Tahoe was 
     the heart of the territory;
       (2) in 1997, Federal, State, and local governments, 
     together with many private landholders, recognized the Washoe 
     people as indigenous people of Lake Tahoe Basin through a 
     series of meetings convened by those governments at 2 
     locations in Lake Tahoe;
       (3) the meetings were held to address protection of the 
     extraordinary natural, recreational, and ecological resources 
     in the Lake Tahoe region;
       (4) the resulting multiagency agreement includes objectives 
     that support the traditional and customary uses of National 
     Forest System land by the Tribe; and
       (5) those objectives include the provision of access by 
     members of the Tribe to the shore of Lake Tahoe in order to 
     reestablish traditional and customary cultural practices.
       (b) Purposes.--The purposes of this Act are--
       (1) to implement the joint local, State, tribal, and 
     Federal objective of returning the Tribe to Lake Tahoe; and
       (2) to ensure that members of the Tribe have the 
     opportunity to engage in traditional and customary cultural 
     practices on the shore of Lake Tahoe to meet the needs of 
     spiritual renewal, land stewardship, Washoe horticulture and 
     ethnobotany, subsistence gathering, traditional learning, and 
     reunification of tribal and family bonds.
       (c) Conveyance on Condition Subsequent.--Subject to valid 
     existing rights, the easement reserved under subsection (d), 
     and the condition stated in subsection (e), the Secretary of 
     Agriculture shall convey to the Secretary of the Interior, in 
     trust for the Tribe, for no consideration, all right, title, 
     and interest in the parcel of land comprising approximately 
     24.3 acres, located within the Lake Tahoe Basin Management 
     Unit north of Skunk Harbor, Nevada, and more particularly 
     described as Mount Diablo Meridian, T15N, R18E, section 27, 
     lot 3.
       (d) Easement.--
       (1) In general.--The conveyance under subsection (c) shall 
     be made subject to reservation to the United States of a 
     nonexclusive easement for public and administrative access 
     over Forest Development Road #15N67 to National Forest System 
     land, to be administered by the Secretary of Agriculture.
       (2) Access by individuals with disabilities.--The Secretary 
     of Agriculture shall provide a reciprocal easement to the 
     Tribe permitting vehicular access to the parcel over Forest 
     Development Road #15N67 to--
       (A) members of the Tribe for administrative and safety 
     purposes; and
       (B) members of the Tribe who, due to age, infirmity, or 
     disability, would have difficulty accessing the conveyed 
     parcel on foot.
       (e) Condition on Use of Land.--
       (1) In general.--In using the parcel conveyed under 
     subsection (c), the Tribe and members of the Tribe--
       (A) shall limit the use of the parcel to traditional and 
     customary uses and stewardship conservation for the benefit 
     of the Tribe;
       (B) shall not permit any permanent residential or 
     recreational development on, or commercial use of, the parcel 
     (including commercial development, tourist accommodations, 
     gaming, sale of timber, or mineral extraction); and
       (C) shall comply with environmental requirements that are 
     no less protective than environmental requirements that apply 
     under the Regional Plan of the Tahoe Regional Planning 
     Agency.
       (2) Termination and reversion.--If the Secretary of the 
     Interior, after notice to the Tribe and an opportunity for a 
     hearing, based on monitoring of use of the parcel by the 
     Tribe, makes a finding that the Tribe has used or permitted 
     the use of the parcel in violation of paragraph (1) and the 
     Tribe fails to take corrective or remedial action directed by 
     the Secretary of the Interior--
       (A) title to the parcel in the Secretary of the Interior, 
     in trust for the Tribe, shall terminate; and
       (B) title to the parcel shall revert to the Secretary of 
     Agriculture.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Cochran, Mr. Dodd, Mr. Inouye, Ms. 
        Landrieu, Mr. Lott, and Mr. Miller):
  S. 491. A bill to expand research regarding inflammatory bowel 
disease, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. REID. Mr. President, I rise today for myself, Mr. Cochran, and 
our other cosponsors to re-introduce the Inflammatory Bowel Disease 
Act, which will advance our knowledge of this serious health condition 
and our ability to treat people suffering from it.
  Crohn's disease and ulcerative colitis are chronic disorders of the 
gastrointestinal tract which represent the major causes of morbidity 
from digestive illness. Because they behave similarly, these disorders 
are collectively known as Inflammatory Bowel Disease. This devastating, 
yet seldom discussed illness can cause severe abdominal pain, diarrhea, 
fever, and bleeding in the gastrointestinal tract. Moreover, 
complications related to the disease can include arthritis, 
osteoporosis, anemia, eczema, liver disease, and even colon cancer.
  We do not know the cause of Inflammatory Bowel Disease. There is no 
medical cure. An estimated 1 million Americans, including many children 
and young adults, suffer from it. In 1990, the total annual medical 
costs for patients suffering from Crohns Disease and ulcerative colitis 
amounted to over 1.6 billion dollars.
  Recent medical breakthroughs, however, are opening up exciting new 
pathways for research to understand underlying disease mechanisms and 
to improve therapies for those who suffer from Inflammatory Bowel 
Disease. The gene for Crohn's Disease was recently discovered, and 
other research demonstrates that strong linkages exist between 
Inflammatory Bowel Disease and functions of the immune system.
  Our legislation enhances research on Inflammatory Bowel Disease 
within the National Institute of Diabetes and Digestive and Kidney 
Diseases at the National Institutes of Health. Among the promising 
areas to be advanced are studies that translate findings from basic 
genetic and animal model research. The bill will also establish an 
Inflammatory Bowel Disease prevention and epidemiology program at the 
Centers for Disease Control and Prevention. This program is needed to 
generate an accurate analysis of the make-

[[Page S2977]]

up of the IBD population in the United States, thereby obtaining 
invaluable clues to the potential causes and risks associated with the 
disease.
  The bill also will inform public and private health coverage policy 
providers by providing for a study of the coverage standards of 
Medicare, Medicaid, and private health insurance for therapies for 
Inflammatory Bowel Disease. It will be conducted by the Institute of 
Medicine of the National Academies of Science. In addition, the bill 
calls for a General Accounting Office study of the problems patients 
with Inflammatory Bowel Disease encounter when applying for disability 
insurance benefits.
  This bill will benefit millions of Americans who suffer from or who 
are at risk of developing Inflammatory Bowel Disease. It promises to 
alleviate much suffering, to assist patients in accessing sound and 
effective medical treatment, and to benefit those who are debilitated 
by Inflammatory Bowel Disease.
  I ask unanimous consent that the full text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 491

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Inflammatory Bowel Disease 
     Act''.

     SEC. 2. FINDINGS.

        Congress makes the following findings:
       (1) Crohn's disease and ulcerative colitis are serious 
     inflammatory diseases of the gastrointestinal tract. Crohn's 
     disease may occur in any section of the gastrointestinal 
     tract but is predominately found in the lower part of the 
     small intestine and the large intestine. Ulcerative colitis 
     is characterized by inflammation and ulceration of the 
     innermost lining of the colon. Because Crohn's disease and 
     ulcerative colitis behave similarly, they are collectively 
     known as inflammatory bowel disease. Both diseases present a 
     variety of symptoms, including severe diarrhea, crampy 
     abdominal pain, fever, and rectal bleeding. There is no known 
     cause of inflammatory bowel disease, or medical cure.
       (2) It is estimated that up to 1,000,000 people in the 
     United States suffer from inflammatory bowel disease.
       (3) In 1990, the total annual medical costs for Crohn's 
     disease patients was estimated at $1,000,000,000 to 
     $1,200,000,000.
       (4) In 1990, the total annual medical costs for ulcerative 
     colitis patients was estimated at $400,000,000 to 
     $600,000,000.
       (5) Inflammatory bowel disease patients are at high-risk 
     for developing colorectal cancer.

     SEC. 3. INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION.

       (a) In General.--The Director of the National Institute of 
     Diabetes and Digestive and Kidney Diseases shall expand, 
     intensify, and coordinate the activities of the Institute 
     with respect to research on inflammatory bowel disease with 
     particular emphasis on the following areas:
       (1) Genetic research on susceptibility for inflammatory 
     bowel disease, including the interaction of genetic and 
     environmental factors in the development of the disease.
       (2) Animal model research on inflammatory bowel disease, 
     including genetics in animals.
       (3) Clinical inflammatory bowel disease research, including 
     clinical studies and treatment trials.
       (4) Other research initiatives identified by the scientific 
     document entitled ``Challenges in Inflammatory Bowel 
     Disease''.
       (b) Authorization of Appropriations.--
       (1) In general.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $75,000,000 
     in fiscal year 2004, $100,000,000 in fiscal year 2005, and 
     such sums as may be necessary for fiscal years 2006 and 2007.
       (2) Reservation.--Of the funds authorized to be 
     appropriated under paragraph (1), not more than 20 percent of 
     such funds shall be reserved to fund the training of 
     qualified health professionals in biomedical research focused 
     on inflammatory bowel disease and related disorders.

     SEC. 4. INFLAMMATORY BOWEL DISEASE PREVENTION AND 
                   EPIDEMIOLOGY.

       (a) In General.--The Director of the Centers for Disease 
     Control and Prevention shall establish a national program of 
     prevention and epidemiology to determine the prevalence of 
     inflammatory bowel disease in the United States, and conduct 
     public and professional awareness activities on inflammatory 
     bowel disease.
       (b) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $5,000,000 in fiscal year 2004, and such sums as 
     may be necessary for fiscal years 2005 through 2007.

     SEC. 5. STUDY OF INFLAMMATORY BOWEL DISEASE RELATED SERVICES.

       (a) In General.--The Institute of Medicine of the National 
     Academics of Science shall conduct a study on the coverage 
     standards of medicare, medicaid, and the private insurance 
     market for the following therapies:
       (1) Parenteral nutrition.
       (2) Enteral nutrition formula.
       (3) Medically necessary food products.
       (4) Ostomy supplies.
       (5) Therapies approved by the Food and Drug Administration 
     for Crohn's disease and ulcerative colitis.
       (b) Content.--The study shall also take into account the 
     appropriate outpatient or home health care delivery settings.
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Institute of Medicine shall submit 
     a report to Congress describing the findings of the study.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary.

     SEC. 6. SOCIAL SECURITY DISABILITY FOR INFLAMMATORY BOWEL 
                   DISEASE PATIENTS.

       (a) In General.--The General Accounting Office shall 
     conduct a study of the problems patients encounter when 
     applying for disability insurance benefits under title II of 
     the Social Security Act. The study will also include 
     recommendations for improving the application process for 
     inflammatory bowel disease patients.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the General Accounting Office shall 
     submit a report to Congress describing the findings of the 
     study.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary.
                                 ______
                                 
      By Mrs. LINCOLN (for herself, Mr. Specter, Mr. Ensign, and Ms. 
        Landrieu):
  S. 493. A bill to amend title XVIII of the Social Security Act to 
authorize physical therapists to evaluate and treat medicare 
beneficiaries without a requirement for a physician referral, and for 
other purposes; to the Committee on Finance.
  Mrs. LINCOLN. Mr. President, I am pleased to introduce the Medicare 
Patient Access to Physical Therapists Act of 2003, which allows 
Medicare beneficiaries direct access to qualified physical therapists 
without a physician referral, as allowed by State law. I am proud to be 
joined in this effort today by my friends Senators Specter, Landrieu, 
and Ensign.
  Currently, 35 States, including my home State of Arkansas, allow for 
direct access to physical therapists without the added cost of a 
physician referral. Direct access is an important change that physical 
therapists and their patients are seeking to the Medicare program. The 
National Rural Health Association, Easter Seals, and the Brain Injury 
Association of America join with us today in expressing their support 
for this important legislation.
  Currently, seniors and disabled Medicare beneficiaries must first 
visit a physician before being allowed to visit a physical therapist. 
This burdensome requirement in Medicare is simply no longer necessary 
and limits access to timely and medically necessary physical 
therapists' services. Providing Medicare beneficiaries with direct 
access to physical therapists should be a critical component of any 
Medicare reform.
  Congress must consistently balance patient safety, accessibility of 
services from qualified providers, and costs to the Medicare program 
when evaluating services. State boards that regulate physical therapy 
confirm that patient safety is not compromised by the elimination of 
the referral requirement because malpractice incidents and costs are 
not markedly higher in States that allow direct access.
  Second, direct access to physical therapists would allow for improved 
access to quality health care services, particularly in rural and urban 
underserved communities. It is a burden for elderly and disabled 
patients with chronic conditions to drive back and forth to a 
physician's office simply to obtain another referral for physical 
therapy. This not only disrupts patient access to timely therapy 
treatment but creates a needless administrative expense for the 
Medicare program.
  Finally, a study of BlueCross/BlueShield insurance claims in Maryland 
indicates that services are not over-utilized when a patient has direct 
access to physical therapists. In fact, the study indicates 
significantly lower costs when care is initiated without a physician 
referral. With this in mind, a policy that improves access to physical

[[Page S2978]]

therapists is a positive reform for the Medicare program and its 
beneficiaries.
  The Medicare program should not impose arbitrary administrative 
barriers to patients who need physical therapy services, especially 
when States have an entirely different standard for access. I encourage 
my colleagues to support this Medicare modernization plan to ensure the 
best access to physical therapy for America's most vulnerable 
population--senior and disabled patients.
                                 ______
                                 
      By Mr. CRAPO:
  S. 494. A bill to amend the Internal Revenue Code of 1986 to include 
agricultural and animal waste sources as a renewable energy resource; 
to the Committee on Finance.
  Mr. CRAPO. Mr. President, I rise to introduce legislation that will 
encourage the expansion of an often overlooked domestic energy resource 
that offers a source of revenue for our rural communities and an avenue 
for cleanup of agricultural waste.
  It has been well-publicized that our country faces mounting 
uncertainty in meeting our energy demands. After years of getting 
little attention, we are now in a period where the development of 
domestic energy resources has reached a crucial point. I support our 
efforts to diversify our energy supply resources to ensure our nation's 
energy security, support our business and agricultural economies, and 
protect our individual consumers. This time of challenge also offers 
great opportunities. One of those is the opportunity to encourage a 
largely untapped resource to provide domestic energy, while also 
promoting the protection of the environment and rural development. I am 
speaking about energy derived from agricultural and animal waste 
sources.
  Electricity from biomass and waste sources using modern technology is 
a renewable resource that can add to our domestic energy supply. The 
process uses manure and waste products that are heated and converted 
into biogas that is burned to generate electricity, which is sold into 
the power grid. This technology is widely accepted in Europe where over 
600 systems are in operation today. In this country, the technology is 
gaining acceptance following numerous successful case studies. This 
process offers farmers an option for cleaning agricultural waste that 
is a known source of groundwater contamination and air pollution. The 
revenue generated from the sale of electricity provides a source of 
income to offset the cleanup costs, while providing important kilowatts 
to the power grid.
  The bill I am introducing today would extend the 1.5 cent per 
kilowatt hour production tax credit that is currently available to 
wind, closed-loop biomass, and poultry waste by making it available to 
all agricultural and animal waste sources.
  There have been other bills introduced that would extend the tax 
credit to additional renewable sources such as solar energy. I 
encourage these efforts to broaden the definition of renewable sources.
  The use of modern technology to generate electricity from waste 
should not be overlooked. The tax credit is an important incentive to 
encourage its wider use. I encourage my colleagues to join me in this 
important initiative. I ask unanimous consent that the text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 494

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MODIFICATIONS TO CREDIT FOR ELECTRICITY PRODUCED 
                   FROM RENEWABLE RESOURCES AND EXTENSION TO WASTE 
                   ENERGY.

       (a) Expansion of Qualified Energy Resources.--
       (1) In general.--Section 45(c)(1) of the Internal Revenue 
     Code of 1986 (defining qualified energy resources) is amended 
     by striking subparagraph (C) and inserting the following:
       ``(C) agricultural and animal waste sources.''.
       (2) Definitions.--Section 45(c) of such Code (relating to 
     definitions) is amended by adding at the end the following 
     new paragraph:
       ``(5) Agricultural and animal waste sources.--The term 
     `agricultural and animal waste sources' means all waste heat, 
     steam, and fuels produced from the conversion of agricultural 
     and animal wastes, including by-products, packaging, and any 
     materials associated with the processing, feeding, selling, 
     transporting, and disposal of agricultural and animal 
     products or wastes (such as wood shavings, straw, rice hulls, 
     and other bedding material for the disposition of manure).''.
       (b) Extension and Modification of Placed-In-Service 
     Rules.--Section 45(c)(3) of the Internal Revenue Code of 1986 
     (defining qualified facility) is amended by striking 
     subparagraph (C) and inserting the following:
       ``(C) Agricultural and animal waste facility.--In the case 
     of a facility using agricultural and animal waste to produce 
     electricity, the term ``qualified facility'' means any 
     facility of the taxpayer which is originally placed in 
     service--
       ``(i) in the case of a facility using poultry waste, after 
     December 31, 1999, and before January 1, 2007, and
       ``(ii) in the case of any other facility, after the date of 
     the enactment of this subparagraph and before January 1, 
     2007.
       ``(D) Combined production facilities included.--For 
     purposes of this paragraph, the term `qualified facility' 
     shall include a facility using agricultural and animal waste 
     to produce electricity and other biobased products such as 
     chemicals and fuels from renewable resources.
       ``(E) Special rules.--In the case of a qualified facility 
     described in subparagraph (C)--
       ``(i) the 10-year period referred to in subsection (a) 
     shall be treated as beginning no earlier than the date of the 
     enactment of this subparagraph, and
       ``(ii) subsection (b)(3) shall not apply to any such 
     facility originally placed in service before January 1, 
     1997.''.
       (c) Conforming Amendments.--
       (1) The heading for section 45 of the Internal Revenue Code 
     of 1986 is amended by inserting ``AND WASTE ENERGY'' after 
     ``RENEWABLE''.
       (2) The item relating to section 45 in the table of 
     sections subpart D of part IV of subchapter A of chapter 1 of 
     such Code is amended by inserting ``and waste energy'' after 
     ``renewable''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity produced after the date of the 
     enactment of this Act.

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