[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-
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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
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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.
____________________