[Congressional Record Volume 149, Number 39 (Tuesday, March 11, 2003)]
[Senate]
[Pages S3506-S3550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORZINE:
  S. 586. A bill to provide additional funding for the second round of 
empowerment zones and enterprise communities; to the Committee on 
Finance.
  Mr. CORZINE. Mr. President, I rise today to introduce the Round II 
EZ/EC Flexibility Act of 2003. This important legislation would secure 
vital funding for Round II Empowerment Zones and Enterprise Communities 
to ensure that communities throughout the country will be able to 
continue the important work of economic revitalization.
  This legislation promotes the continued economic development 
throughout the EZ/EC program, particularly to the 15 Round II urban and 
5 rural empowerment zones that were designated in 1999. Each of those 
communities has implemented a host of strategic initiatives aimed at 
economic growth and job creation in their respective communities.
  The EZ/EC Act ensures that Round II communities EZs and ECs are 
provided with funding they were promised upon designation. It also 
authorizes the use of EZ/EC grants as a match for related Federal 
programs, providing the EZ/EC program with maximum flexibility to 
implement initiatives at the local level.
  The Enterprise Zone/Enterprise Community program was created to 
provide Federal assistance over ten years in designated urban and rural 
communities that would fuel economic revitalization and job growth. The 
program does so primarily by providing Federal grants to communities 
and tax and regulatory relief to help communities attract and retain 
businesses.
  Unfortunately, an inequity now exists between the way Round I and 
Round II EZs and ECs have been funded. Those communities that won EZ 
designations in the initial round, in 1994, received full funding from 
the Congress, which made all grant awards available for use within the 
first two years of designation. However, EZs and ECs designated in 
Round II did not receive this same funding authority.
  Federal benefits promised to the Round IIs included funding grants of 
$100 million for each urban zone, $40 million for each rural zone and 
about $3 million for each Enterprise Community over a ten-year period 
beginning in 1999. In reliance on those ``promised'' funds, Round II 
zones prepared strategic plans for economic revitalization based on the 
availability of that funding. However, unlike Round I designees, who 
received a full funding up front, Round II zones have received a mere 
fraction of the funding promise.
  The lack of a certain, predictable funding stream will ultimately 
undermine the ability of Round II EZs/ECs to effectively implement 
their economic growth strategies in their designated communities. And 
that's a shame, because the EZ/EC initiative has produced real results.

[[Page S3507]]

  In fact, I'm proud to say that one of the best Round II EZs is 
located in Cumberland County, NJ. The Cumberland County Empowerment 
Zone, a collaborative effort of the communities of Bridgeton, 
Millville, Vineland and Port Norris, has been a model EZ, and committed 
all the funds made available to it by HUD.
  Since the creation of the EZ, Cumberland County has witnessed more 
than 100 housing units rehabbed, renovated or newly built. A $4 million 
loan pool has been created to fund community and small business 
reinvestment. The EZ also has led to the funding for over 60 economic 
development initiatives, utilizing more than $11 million in funding to 
leverage $120 million in private, public and tax exempt bond financing.
  These are real results. In fact, over 1,100 new jobs will be created 
in the County over the next year and a half alone if the Federal 
Government were to maintain its commitment to the EZ/EC program.
  Cumberland County is just one example of how the EZ/EC initiative has 
brought hope and promise to communities throughout America. We need to 
do more to support and build on these initiatives. Now is the time for 
Congress to fulfill the promise made to Round II EZs and ECs.
  I urge my colleagues to cosponsor this bill that will allow 
communities throughout the country to continue their work of economic 
revitalization. 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. 586

       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 ``Round II EZ/EC Flexibility 
     Act of 2003''.

     SEC. 2. CORRECTION OF INEQUITIES IN THE SECOND ROUND OF 
                   EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES.

       (a) Grant Authority.--There are authorized to be 
     appropriated--
       (1) to the Secretary of Housing and Urban Development, such 
     sums as may be necessary to make grant awards totaling 
     $100,000,000 to each of 15 urban empowerment zones designated 
     pursuant to section 1391(g) of the Internal Revenue Code of 
     1986, taking into account any amount made available pursuant 
     to any prior appropriation made for such zones; and
       (2) to the Secretary of Agriculture, such sums as may be 
     necessary to make--
       (A) grant awards totaling $40,000,000 to each of 5 rural 
     empowerment zones designated pursuant to section 1391(g) of 
     the Internal Revenue Code of 1986, taking into account any 
     amount made available pursuant to any prior appropriation 
     made for such zones; and
       (B) grant awards totaling $3,000,000 to each of 20 rural 
     enterprise communities designated pursuant to section 766 of 
     the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 
     1999, taking into account any amount made available pursuant 
     to any prior appropriation made for such communities.
       (b) Authority to Use Funds to Implement Strategic Plan.--
     Funds appropriated under Federal law for an empowerment zone 
     or an enterprise community referred to in subsection (a) may 
     be used to implement the strategic plan for the zone or 
     community, including--
       (1) economic development;
       (2) infrastructure development;
       (3) workforce development; and
       (4) community development activities.
       (c) No Loss of Federal Funds by Reason of Reclassification 
     as Renewal Community.--An area that, by reason of section 
     1400E(e) of the Internal Revenue Code of 1986, ceases to be 
     designated as an empowerment zone or enterprise community 
     under section 1391(g) of such Code shall not lose any Federal 
     funds by reason of the cessation.
       (d) Authority to Use Funds to Pay Non-Federal Share of 
     Matching Grants.--Funds appropriated under any Federal law 
     for an empowerment zone or an enterprise community referred 
     to in subsection (a) may be used to pay the non-Federal share 
     required in connection with another Federal grant-in-aid 
     program undertaken as part of activities assisted under this 
     section.
                                 ______
                                 
      By Mr. WYDEN:
  S. 587. A bill to promote the use of hydrogen fuel cell vehicles, and 
for other purposes; to the Committee on Finance.
  Mr. WYDEN. Mr. President, today, I am introducing the Hydrogen 
Transportation Wins Over Growing Reliance on Oil, H2 GROW, Act to 
accelerate getting cars and trucks powered by hydrogen on our roads as 
a way to reduce our Nation's dependence on foreign oil. In the House, 
Congressman Chris Cox will also be introducing the H2 GROW Act, so we 
will have the first bipartisan, bicameral bill to provide incentives 
for commercialing hydrogen-powered cars and the fueling stations needed 
for hydrogen cars to have widespread acceptance.
  Our legislation has the support of a diverse coalition of interest 
groups, ranging from the Natural Resources Defense Council to the 
automobile industry. It is not a coalition that naturally flocks 
together. In fact, on many environmental issues, these groups are 
skirmishing, not coalescing.
  Just as these groups have come together, Congressman Cox and I have 
felt, on a bipartisan basis, that he and I could find common ground on 
the critical issue of hydrogen fuel cells. Unlike some other proposals 
to promote hydrogen fuel cell vehicles, the H2 GROW Act goes beyond 
researching hydrogen to kickstart the market for hydrogen fuel cell 
vehicles and fueling equipment. Legislation he and I will introduce 
today, the H2 GROW Act, uses marketplace incentives so that a 
significant number of fuel cell vehicles can hit American streets in 
the next decade. In effect, our legislation goes beyond the popular 
wisdom that you can't do much to actually get these vehicles on the 
street anytime soon.
  Our legislation stipulates that when someone opens a fueling station, 
sells fueling equipment, sells hydrogen fuel for use in vehicles, or 
buys a hydrogen fuel cell vehicle, the tax man won't cometh for the 
next 10 years. By creating incentives this way, our legislation, can 
catalyze commercialization of fuel cell vehicles. Tax holidays and tax 
incentives will stimulate a private market for everything from creating 
the infrastructure needed for fuel cell vehicles, to direct incentives 
for American consumers.
  By using this approach, our legislation only pays for performance. It 
does not subsidize research that may or may not advance the goal of 
getting hydrogen-powered cars on the road. The tax credits and other 
incentives only reward actions that actually put cars on the road or 
fueling equipment in use.
  Best of all, the price tag is minimal. The government isn't expecting 
any significant revenue from fuel cell vehicles anyway in the next 10 
years--and that's the life of our bill. So there's no enormous cost to 
the government.
  Congress has a clear choice between taking 20 years to get a 
significant number of hydrogen vehicles on the road and making real, 
measurable progress in the next 10 years. In my view, reducing this 
country's dependence on foreign oil is a national security priority. At 
a time when more than half our energy is imported, enacting policies 
that promote energy independence is a true act of patriotism. Our 
legislation would promote that energy independence.

  Here are two examples of how our legislation provides critically 
needed incentives for the fuel cell market:
  Congressman Cox and I want to make it worth the consumer's while to 
buy a fuel cell vehicle in the first place. So a tax credit will help 
make up the difference between the cost of a gasoline-powered vehicle 
and a fuel cell car. For example, if in 2009, a consumer buys a fuel 
cell car for $25,000, the consumer can write $3,750 off his or her 
taxes to make the fuel cell car more affordable.
  To help gasoline stations begin to shift to serving consumers with 
hydrogen fuel cell vehicles, our bill provides a 20-percent tax credit 
for every unit of hydrogen fuel sold equivalent to a gallon of 
gasoline.
  The bill also helps taxpayers get the most of the fuel cell vehicle 
in terms of convenience and ease of use. With hydrogen fuel cells, 
filling up your car could be something you do at your home or your 
office as well as a retail filling station. So our bill gives taxpayers 
who install hydrogen fueling equipment in their homes a tax credit for 
up to 50 percent of the cost of the refueling equipment.
  In my view, these are practical steps away from our reliance on 
foreign oil and toward better, cleaner transportation for all 
Americans. I also believe this plan is the best, most effective use of 
taxpayer dollars on this issue.
  Companies like GM and Toyota--two car companies that are endorsing 
the H2 GROW Act--are already developing the technology to improve the 
performance and reduce the cost of fuel cell vehicles with more 
reliable, affordable

[[Page S3508]]

materials. These companies are already putting the money and time into 
that effort. What Congress needs to do is help the American people and 
American businesses take advantage of these new products as they're 
perfected, and help them hit the streets as quickly as possible.
  I firmly believe the H2 GROW Act is a strong step toward helping 
consumers to shore up this Nation's economic and environmental 
stability for future generations. I know Congressman Cox feels the same 
way, and I encourage my colleagues to support our bipartisan 
legislation to accelerate commercialization of hydrogen fuel cell cars 
and help reduce our Nation's dependence on foreign oil.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Corzine, Mr. Inouye, Ms. 
        Landrieu, Mr. Levin, Mr. Reed, and Mr. Sarbanes):
  S. 588. A bill to amend the Social Security Act to guarantee 
comprehensive health care coverage for all children born after 2004; to 
the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I am pleased and proud to introduce 
the MediKids Health Insurance Act of 2003. Congressman Stark is 
introducing a companion bill in the House.
  This legislation is, without a doubt, ambitious. It is a deliberate 
effort to try to ignite a national commitment to the goal of insuring 
all of our children. For some, that is an idealistic proposition that 
does not seem achievable. With this bill, I want to call on the public 
and my colleagues to consider once again the clear and convincing case 
for investing the necessary resources in the health of our children--
and therefore, in the well-being of their families and our entire 
country. The President and Congress continue to talk about their 
commitment to America's health. This bill challenges them to take 
action on their rhetoric.
  Our children are not only our future, they are also our present. What 
we do for them today will greatly affect what happens tomorrow. Yet 
even though we recognize these facts, we still have not found a way to 
guarantee health coverage for children. Without health insurance, many 
of these children go without health care all together.
  Children are the least expensive segment of our population to insure. 
They are also the least able to have control over whether or not they 
have health insurance. Yet we now have over 9 million uninsured 
children in this country. And with the downturn in the economy and the 
rising costs of health care, this number will continue rising.
  Our success in expanding Medicaid and passing the State Children's 
Health Insurance Program was a meaningful, significant start at closing 
the tragic gap represented by millions of uninsured children. However, 
Congress cannot point to these programs and declare that our work is 
done. We still have much more to do. The percent of children in low-
income families without health insurance has not changed in recent 
years. Even with perfect enrollment in S-CHIP and Medicaid, there would 
still be a great number of children without health insurance.
  This is partially due to our increasingly mobile society, where 
parents frequently change jobs and families often move from State to 
State. When this occurs there is often a lapse in health coverage. 
Also, families working their way out of welfare fluctuate between 
eligibility and ineligibility for means-tested assistance programs. 
Another reason for the number of uninsured children is that the cost of 
health insurance continues to increase, leaving many working parents 
unable to afford coverage for themselves or their families. All of this 
adds up to the fact that many of our children do not have the 
consistent and regular access to health care which they need to grow up 
healthy.
  That is why I am re-introducing the MediKids Health Insurance Act. 
This bill would automatically enroll every child at birth into a new, 
comprehensive Federal safety net health insurance program beginning in 
2004. The benefits would be tailored to the needs of children and would 
be similar to those currently available to children under Medicaid. A 
small monthly premium would be collected from parents at tax filing, 
with discounts to low-income families phasing out at 300 percent of 
poverty. The children would remain enrolled in MediKids throughout 
childhood. When they are covered by another health insurance program, 
their parents would be exempt from the premium. The key to our program 
is that whenever other sources of health insurance fail, MediKids would 
stand ready to cover the health needs of our next generation. By the 
year 2020, every child in America would be able to grow up with 
consistent, continuous health insurance coverage.
  Like Medicare, MediKids would be independently financed, would cover 
benefits tailored to the needs of its target population, and would have 
the goal of achieving nearly 100 percent health insurance coverage for 
the children of this country--just as Medicare has done for our 
Nation's seniors and disabled population. It's time we make this 
investment in the future of America by guaranteeing all children the 
health coverage they need to make a healthy start in life.
  The MediKids Health Insurance Act would offer guaranteed, automatic 
health coverage for every child with the simplest of enrollment 
procedures and no challenging outreach, paperwork, or re-determination 
hoops to jump through. It would be able to follow children across state 
lines, or tide them over in a new location until their parents can 
enroll them in a new insurance program. Between jobs or during family 
crises such as divorce or the death of a parent, it would offer extra 
security and ensure continuous health coverage to the Nation's 
children. During that critical period when a family is just climbing 
out of poverty and out of the eligibility range for means-tested 
assistance programs, it would provide an extra boost with health 
insurance for the children until the parents can move into jobs that 
provide reliable health insurance coverage. And every child would 
automatically be enrolled upon birth, along with the issuance of the 
birth certificate or immigration card.
  As we all know, an ounce of prevention is worth a pound of cure. 
Providing health care coverage to children affects much more than their 
health--it affects their ability to learn, their ability to thrive, and 
their ability to become a productive member of society. I look forward 
to working with my colleagues and supporting organizations for the 
passage of the MediKids Health Insurance Act of 2003 to guarantee every 
child in America the health coverage they need to grow up healthy.
  I stand before you today to deliver a message. That it is time to 
rekindle the discussion about how we are going to provide health 
insurance for all Americans. The bill I am introducing today--the 
MediKids Health Insurance Act of 2003--is a step toward eliminating the 
irrational and tragic lack of health insurance for so many children and 
adults in our country.
  Partial solutions to America's ``uninsured crisis'' lie before 
Congress, and I recognize the sense of realism and care that are the 
basis for proposing incremental steps towards universal coverage. As 
someone involved in the tough battles in years past to achieve 
universal coverage, I will continue to do all I can to make whatever 
progress can be made each and every year.
  But I also believe it is important to not lose sight of the ideal--
and our capacity to reach that ideal--of the United States of America 
joining every other industrialized nation by ensuring that its citizens 
have basic health insurance. Until we succeed, millions of children and 
adults will suffer human and financial costs that are preventable.
  Therefore, I offer this legislation to both enlist my colleagues in 
an effort to insist that all of our Nation's children are insured as 
quickly as possible and to lay out the steps that would achieve that 
goal. Some may say that we cannot afford this level of commitment to 
America's children in a time of war and economic downturn. I strongly 
disagree. We can fully fund MediKids with the more than $388 billion 
the President's budget proposes to spend on the dividend tax cut. I 
believe that choice is clear between providing 100 percent of our 
children with health care coverage and giving tax breaks to the 
wealthiest 2 percent of people in our country. I hope this bill will 
help to build the will and momentum so desperately needed by our 
children for action that will change their lives and

[[Page S3509]]

strengthen our Nation. I ask my colleagues from both sides of the aisle 
to join as co-sponsors.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 588

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

       (a) Short Title.--This Act may be cited as the ``MediKids 
     Health Insurance Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; findings.
Sec. 2. Benefits for all children born after 2004.

                     ``TITLE XXII--MEDIKIDS PROGRAM

``Sec. 2201. Eligibility.
``Sec. 2202. Benefits.
``Sec. 2203. Premiums.
``Sec. 2204. MediKids Trust Fund.
``Sec. 2205. Oversight and accountability.
``Sec. 2206. Addition of care coordination services.
``Sec. 2207. Administration and miscellaneous.
Sec. 3. MediKids premium.
Sec. 4. Refundable credit for cost-sharing expenses under MediKids 
              program.
Sec. 5. Report on long-term revenues.
       (c) Findings.--Congress finds the following:
       (1) More than 9 million American children are uninsured.
       (2) Children who are uninsured receive less medical care 
     and less preventive care and have a poorer level of health, 
     which result in lifetime costs to themselves and to the 
     entire American economy.
       (3) Although SCHIP and Medicaid are successfully extending 
     a health coverage safety net to a growing portion of the 
     vulnerable low-income population of uninsured children, they 
     alone cannot achieve 100 percent health insurance coverage 
     for our nation's children due to inevitable gaps during 
     outreach and enrollment, fluctuations in eligibility, 
     variations in access to private insurance at all income 
     levels, and variations in States' ability to provide required 
     matching funds.
       (4) As all segments of society continue to become more 
     transient, with many changes in employment over the working 
     lifetime of parents, the need for a reliable safety net of 
     health insurance which follows children across State lines, 
     already a major problem for the children of migrant and 
     seasonal farmworkers, will become a major concern for all 
     families in the United States.
       (5) The medicare program has successfully evolved over the 
     years to provide a stable, universal source of health 
     insurance for the nation's disabled and those over age 65, 
     and provides a tested model for designing a program to reach 
     out to America's children
       (6) The problem of insuring 100 percent of all American 
     children could be gradually solved by automatically enrolling 
     all children born after December 31, 2004, in a program 
     modeled after Medicare (and to be known as ``MediKids''), and 
     allowing those children to be transferred into other 
     equivalent or better insurance programs, including either 
     private insurance, SCHIP, or Medicaid, if they are eligible 
     to do so, but maintaining the child's default enrollment in 
     MediKids for any times when the child's access to other 
     sources of insurance is lost.
       (7) A family's freedom of choice to use other insurers to 
     cover children would not be interfered with in any way, and 
     children eligible for SCHIP and Medicaid would continue to be 
     enrolled in those programs, but the underlying safety net of 
     MediKids would always be available to cover any gaps in 
     insurance due to changes in medical condition, employment, 
     income, or marital status, or other changes affecting a 
     child's access to alternate forms of insurance.
       (8) The MediKids program can be administered without 
     impacting the finances or status of the existing Medicare 
     program.
       (9) The MediKids benefit package can be tailored to the 
     special needs of children and updated over time.
       (10) The financing of the program can be administered 
     without difficulty by a yearly payment of affordable premiums 
     through a family's tax filing (or adjustment of a family's 
     earned income tax credit).
       (11) The cost of the program will gradually rise as the 
     number of children using MediKids as the insurer of last 
     resort increases, and a future Congress always can accelerate 
     or slow down the enrollment process as desired, while the 
     societal costs for emergency room usage, lost productivity 
     and work days, and poor health status for the next generation 
     of Americans will decline.
       (12) Over time 100 percent of American children will always 
     have basic health insurance, and we can therefore expect a 
     healthier, more equitable, and more productive society.

     SEC. 2. BENEFITS FOR ALL CHILDREN BORN AFTER 2004.

       (a) In General.--The Social Security Act is amended by 
     adding at the end the following new title:

                     ``TITLE XXII--MEDIKIDS PROGRAM

     ``SEC. 2201. ELIGIBILITY.

       ``(a) Eligibility of Individuals Born After December 31, 
     2004; All Children Under 23 Years of Age in Sixth Year.--An 
     individual who meets the following requirements with respect 
     to a month is eligible to enroll under this title with 
     respect to such month:
       ``(1) Age.--
       ``(A) First year.--During the first year in which this 
     title is effective, the individual has not attained 6 years 
     of age.
       ``(B) Second year.--During the second year in which this 
     title is effective, the individual has not attained 11 years 
     of age.
       ``(C) Third year.--During the third year in which this 
     title is effective, the individual has not attained 16 years 
     of age.
       ``(D) Fourth year.--During the fourth year in which this 
     title is effective, the individual has not attained 21 years 
     of age.
       ``(E) Fifth and subsequent years.--During the fifth year in 
     which this title is effective and each subsequent year, the 
     individual has not attained 23 years of age.
       ``(2) Citizenship.--The individual is a citizen or national 
     of the United States or is permanently residing in the United 
     States under color of law.
       ``(b) Enrollment Process.--An individual may enroll in the 
     program established under this title only in such manner and 
     form as may be prescribed by regulations, and only during an 
     enrollment period prescribed by the Secretary consistent with 
     the provisions of this section. Such regulations shall 
     provide a process under which--
       ``(1) individuals who are born in the United States after 
     December 31, 2004, are deemed to be enrolled at the time of 
     birth and a parent or guardian of such an individual is 
     permitted to pre-enroll in the month prior to the expected 
     month of birth;
       ``(2) individuals who are born outside the United States 
     after such date and who become eligible to enroll by virtue 
     of immigration into (or an adjustment of immigration status 
     in) the United States are deemed enrolled at the time of 
     entry or adjustment of status;
       ``(3) eligible individuals may otherwise be enrolled at 
     such other times and manner as the Secretary shall specify, 
     including the use of outstationed eligibility sites as 
     described in section 1902(a)(55)(A) and the use of 
     presumptive eligibility provisions like those described in 
     section 1920A; and
       ``(4) at the time of automatic enrollment of a child, the 
     Secretary provides for issuance to a parent or custodian of 
     the individual a card evidencing coverage under this title 
     and for a description of such coverage.
     The provisions of section 1837(h) apply with respect to 
     enrollment under this title in the same manner as they apply 
     to enrollment under part B of title XVIII.
       ``(c) Date Coverage Begins.--
       ``(1) In general.--The period during which an individual is 
     entitled to benefits under this title shall begin as follows, 
     but in no case earlier than January 1, 2005:
       ``(A) In the case of an individual who is enrolled under 
     paragraph (1) or (2) of subsection (b), the date of birth or 
     date of obtaining appropriate citizenship or immigration 
     status, as the case may be.
       ``(B) In the case of an another individual who enrolls 
     (including pre-enrolls) before the month in which the 
     individual satisfies eligibility for enrollment under 
     subsection (a), the first day of such month of eligibility.
       ``(C) In the case of an another individual who enrolls 
     during or after the month in which the individual first 
     satisfies eligibility for enrollment under such subsection, 
     the first day of the following month.
       ``(2) Authority to provide for partial months of 
     coverage.--Under regulations, the Secretary may, in the 
     Secretary's discretion, provide for coverage periods that 
     include portions of a month in order to avoid lapses of 
     coverage.
       ``(3) Limitation on payments.--No payments may be made 
     under this title with respect to the expenses of an 
     individual enrolled under this title unless such expenses 
     were incurred by such individual during a period which, with 
     respect to the individual, is a coverage period under this 
     section.
       ``(d) Expiration of Eligibility.--An individual's coverage 
     period under this part shall continue until the individual's 
     enrollment has been terminated because the individual no 
     longer meets the requirements of subsection (a) (whether 
     because of age or change in immigration status).
       ``(e) Entitlement to MediKids Benefits For Enrolled 
     Individuals.--An individual enrolled under this section is 
     entitled to the benefits described in section 2202.
       ``(f) Low-Income Information.--At the time of enrollment of 
     a child under this title, the Secretary shall make an inquiry 
     as to whether or not the family income of the family that 
     includes the child is less than 150 percent of the poverty 
     line for a family of the size involved. If the family income 
     is below such level, the Secretary shall encode in the 
     identification card issued in connection with eligibility 
     under this title a code indicating such fact. The Secretary 
     also shall provide for a toll-free telephone line at which 
     providers can verify whether or not such a child is in a 
     family the income of which is below such level.
       ``(g) Construction.--Nothing in this title shall be 
     construed as requiring (or preventing) an individual who is 
     enrolled under this section from seeking medical assistance 
     under a State medicaid plan under title XIX or child health 
     assistance under a State child health plan under title XXI.

[[Page S3510]]

     ``SEC. 2202. BENEFITS.

       ``(a) Secretarial Specification of Benefit Package.--
       ``(1) In general.--The Secretary shall specify the benefits 
     to be made available under this title consistent with the 
     provisions of this section and in a manner designed to meet 
     the health needs of enrollees.
       ``(2) Updating.--The Secretary shall update the 
     specification of benefits over time to ensure the inclusion 
     of age-appropriate benefits to reflect the enrollee 
     population.
       ``(3) Annual updating.--The Secretary shall establish 
     procedures for the annual review and updating of such 
     benefits to account for changes in medical practice, new 
     information from medical research, and other relevant 
     developments in health science.
       ``(4) Input.--The Secretary shall seek the input of the 
     pediatric community in specifying and updating such benefits.
       ``(5) Limitation on updating.--In no case shall updating of 
     benefits under this subsection result in a failure to provide 
     benefits required under subsection (b).
       ``(b) Inclusion of Certain Benefits.--
       ``(1) Medicare core benefits.--Such benefits shall include 
     (to the extent consistent with other provisions of this 
     section) at least the same benefits (including coverage, 
     access, availability, duration, and beneficiary rights) that 
     are available under parts A and B of title XVIII.
       ``(2) All required medicaid benefits.--Such benefits shall 
     also include all items and services for which medical 
     assistance is required to be provided under section 
     1902(a)(10)(A) to individuals described in such section, 
     including early and periodic screening, diagnostic services, 
     and treatment services.
       ``(3) Inclusion of prescription drugs.--Such benefits also 
     shall include (as specified by the Secretary) prescription 
     drugs and biologicals.
       ``(4) Cost-sharing.--
       ``(A) In general.--Subject to subparagraph (B), such 
     benefits also shall include the cost-sharing (in the form of 
     deductibles, coinsurance, and copayments) applicable under 
     title XVIII with respect to comparable items and services, 
     except that no cost-sharing shall be imposed with respect to 
     early and periodic screening and diagnostic services included 
     under paragraph (2).
       ``(B) No cost-sharing for lowest income children.--Such 
     benefits shall not include any cost-sharing for children in 
     families the income of which (as determined for purposes of 
     section 1905(p)) does not exceed 150 percent of the official 
     income poverty line (referred to in such section) applicable 
     to a family of the size involved.
       ``(C) Refundable credit for cost-sharing for other low-
     income children.--For a refundable credit for cost-sharing in 
     the case of children in certain families, see section 35 of 
     the Internal Revenue Code of 1986.
       ``(c) Payment Schedule.--The Secretary, with the assistance 
     of the Medicare Payment Advisory Commission, shall develop 
     and implement a payment schedule for benefits covered under 
     this title. To the extent feasible, such payment schedule 
     shall be consistent with comparable payment schedules and 
     reimbursement methodologies applied under parts A and B of 
     title XVIII.
       ``(d) Input.--The Secretary shall specify such benefits and 
     payment schedules only after obtaining input from appropriate 
     child health providers and experts.
       ``(e) Enrollment in Health Plans.--The Secretary shall 
     provide for the offering of benefits under this title through 
     enrollment in a health benefit plan that meets the same (or 
     similar) requirements as the requirements that apply to 
     Medicare+Choice plans under part C of title XVIII. In the 
     case of individuals enrolled under this title in such a plan, 
     the Medicare+Choice capitation rate described in section 
     1853(c) shall be adjusted in an appropriate manner to reflect 
     differences between the population served under this title 
     and the population under title XVIII.

     ``SEC. 2203. PREMIUMS.

       ``(a) Amount of Monthly Premiums.--
       ``(1) In general.--The Secretary shall, during September of 
     each year (beginning with 2004), establish a monthly MediKids 
     premium for the following year. Subject to paragraph (2), the 
     monthly MediKids premium for a year is equal to \1/12\ of the 
     annual premium rate computed under subsection (b).
       ``(2) Elimination of monthly premium for demonstration of 
     equivalent coverage (including coverage under low-income 
     programs).--The amount of the monthly premium imposed under 
     this section for an individual for a month shall be zero in 
     the case of an individual who demonstrates to the 
     satisfaction of the Secretary that the individual has basic 
     health insurance coverage for that month. For purposes of the 
     previous sentence enrollment in a medicaid plan under title 
     XIX, a State child health insurance plan under title XXI, or 
     under the medicare program under title XVIII is deemed to 
     constitute basic health insurance coverage described in such 
     sentence.
       ``(b) Annual Premium.--
       ``(1) National, per capita average.--The Secretary shall 
     estimate the average, annual per capita amount that would be 
     payable under this title with respect to individuals residing 
     in the United States who meet the requirement of section 
     2201(a)(1) as if all such individuals were eligible for (and 
     enrolled) under this title during the entire year (and 
     assuming that section 1862(b)(2)(A)(i) did not apply).
       ``(2) Annual premium.--Subject to subsection (d), the 
     annual premium under this subsection for months in a year is 
     equal to 25 percent of the average, annual per capita amount 
     estimated under paragraph (1) for the year.
       ``(c) Payment of Monthly Premium.--
       ``(1) Period of payment.--In the case of an individual who 
     participates in the program established by this title, 
     subject to subsection (d), the monthly premium shall be 
     payable for the period commencing with the first month of the 
     individual's coverage period and ending with the month in 
     which the individual's coverage under this title terminates.
       ``(2) Collection through tax return.--For provisions 
     providing for the payment of monthly premiums under this 
     subsection, see section 59B of the Internal Revenue Code of 
     1986.
       ``(3) Protections against fraud and abuse.--The Secretary 
     shall develop, in coordination with States and other health 
     insurance issuers, administrative systems to ensure that 
     claims which are submitted to more than one payor are 
     coordinated and duplicate payments are not made.
       ``(d) Reduction in Premium for Certain Low-Income 
     Families.--For provisions reducing the premium under this 
     section for certain low-income families, see section 59B(c) 
     of the Internal Revenue Code of 1986.

     ``SEC. 2204. MEDIKIDS TRUST FUND.

       ``(a) Establishment of Trust Fund.--
       ``(1) In general.--There is hereby created on the books of 
     the Treasury of the United States a trust fund to be known as 
     the `MediKids Trust Fund' (in this section referred to as the 
     `Trust Fund'). The Trust Fund shall consist of such gifts and 
     bequests as may be made as provided in section 201(i)(1) and 
     such amounts as may be deposited in, or appropriated to, such 
     fund as provided in this title.
       ``(2) Premiums.--Premiums collected under section 2203 
     shall be transferred to the Trust Fund.
       ``(b) Incorporation of Provisions.--
       ``(1) In general.--Subject to paragraph (2), subsections 
     (b) through (i) of section 1841 shall apply with respect to 
     the Trust Fund and this title in the same manner as they 
     apply with respect to the Federal Supplementary Medical 
     Insurance Trust Fund and part B, respectively.
       ``(2) Miscellaneous references.--In applying provisions of 
     section 1841 under paragraph (1)--
       ``(A) any reference in such section to `this part' is 
     construed to refer to title XXII;
       ``(B) any reference in section 1841(h) to section 1840(d) 
     and in section 1841(i) to sections 1840(b)(1) and 1842(g) are 
     deemed references to comparable authority exercised under 
     this title;
       ``(C) payments may be made under section 1841(g) to the 
     Trust Funds under sections 1817 and 1841 as reimbursement to 
     such funds for payments they made for benefits provided under 
     this title; and
       ``(D) the Board of Trustees of the MediKids Trust Fund 
     shall be the same as the Board of Trustees of the Federal 
     Supplementary Medical Insurance Trust Fund.

     ``SEC. 2205. OVERSIGHT AND ACCOUNTABILITY.

       ``(a) Through Annual Reports of Trustees.--The Board of 
     Trustees of the MediKids Trust Fund under section 2204(b)(1) 
     shall report on an annual basis to Congress concerning the 
     status of the Trust Fund and the need for adjustments in the 
     program under this title to maintain financial solvency of 
     the program under this title.
       ``(b) Periodic GAO Reports.--The Comptroller General of the 
     United States shall periodically submit to Congress reports 
     on the adequacy of the financing of coverage provided under 
     this title. The Comptroller General shall include in such 
     report such recommendations for adjustments in such financing 
     and coverage as the Comptroller General deems appropriate in 
     order to maintain financial solvency of the program under 
     this title.

     ``SEC. 2206. INCLUSION OF CARE COORDINATION SERVICES.

       ``(a) In General.--
       ``(1) Program authority.--The Secretary, beginning in 2005, 
     may implement a care coordination services program in 
     accordance with the provisions of this section under which, 
     in appropriate circumstances, eligible individuals may elect 
     to have health care services covered under this title managed 
     and coordinated by a designated care coordinator.
       ``(2) Administration by contract.--The Secretary may 
     administer the program under this section through a contract 
     with an appropriate program administrator.
       ``(3) Coverage.--Care coordination services furnished in 
     accordance with this section shall be treated under this 
     title as if they were included in the definition of medical 
     and other health services under section 1861(s) and benefits 
     shall be available under this title with respect to such 
     services without the application of any deductible or 
     coinsurance.
       ``(b) Eligibility Criteria; Identification and Notification 
     of Eligible Individuals.--
       ``(1) Individual eligibility criteria.--The Secretary shall 
     specify criteria to be used in making a determination as to 
     whether an individual may appropriately be enrolled in the 
     care coordination services program under this section, which 
     shall include at least a finding by the Secretary that for 
     cohorts of individuals with characteristics

[[Page S3511]]

     identified by the Secretary, professional management and 
     coordination of care can reasonably be expected to improve 
     processes or outcomes of health care and to reduce aggregate 
     costs to the programs under this title.
       ``(2) Procedures to facilitate enrollment.--The Secretary 
     shall develop and implement procedures designed to facilitate 
     enrollment of eligible individuals in the program under this 
     section.
       ``(c) Enrollment of Individuals.--
       ``(1) Secretary's determination of eligibility.--The 
     Secretary shall determine the eligibility for services under 
     this section of individuals who are enrolled in the program 
     under this section and who make application for such services 
     in such form and manner as the Secretary may prescribe.
       ``(2) Enrollment period.--
       ``(A) Effective date and duration.--Enrollment of an 
     individual in the program under this section shall be 
     effective as of the first day of the month following the 
     month in which the Secretary approves the individual's 
     application under paragraph (1), shall remain in effect for 
     one month (or such longer period as the Secretary may 
     specify), and shall be automatically renewed for additional 
     periods, unless terminated in accordance with such procedures 
     as the Secretary shall establish by regulation. Such 
     procedures shall permit an individual to disenroll for cause 
     at any time and without cause at re-enrollment intervals.
       ``(B) Limitation on reenrollment.--The Secretary may 
     establish limits on an individual's eligibility to reenroll 
     in the program under this section if the individual has 
     disenrolled from the program more than once during a 
     specified time period.
       ``(d) Program.--The care coordination services program 
     under this section shall include the following elements:
       ``(1) Basic care coordination services.--
       ``(A) In general.--Subject to the cost-effectiveness 
     criteria specified in subsection (b)(1), except as otherwise 
     provided in this section, enrolled individuals shall receive 
     services described in section 1905(t)(1) and may receive 
     additional items and services as described in subparagraph 
     (B).
       ``(B) Additional benefits.--The Secretary may specify 
     additional benefits for which payment would not otherwise be 
     made under this title that may be available to individuals 
     enrolled in the program under this section (subject to an 
     assessment by the care coordinator of an individual's 
     circumstance and need for such benefits) in order to 
     encourage enrollment in, or to improve the effectiveness of, 
     such program.
       ``(2) Care coordination requirement.--Notwithstanding any 
     other provision of this title, the Secretary may provide that 
     an individual enrolled in the program under this section may 
     be entitled to payment under this title for any specified 
     health care items or services only if the items or services 
     have been furnished by the care coordinator, or coordinated 
     through the care coordination services program. Under such 
     provision, the Secretary shall prescribe exceptions for 
     emergency medical services as described in section 
     1852(d)(3), and other exceptions determined by the Secretary 
     for the delivery of timely and needed care.
       ``(e) Care Coordinators.--
       ``(1) Conditions of participation.--In order to be 
     qualified to furnish care coordination services under this 
     section, an individual or entity shall--
       ``(A) be a health care professional or entity (which may 
     include physicians, physician group practices, or other 
     health care professionals or entities the Secretary may find 
     appropriate) meeting such conditions as the Secretary may 
     specify;
       ``(B) have entered into a care coordination agreement; and
       ``(C) meet such criteria as the Secretary may establish 
     (which may include experience in the provision of care 
     coordination or primary care physician's services).
       ``(2) Agreement term; payment.--
       ``(A) Duration and renewal.--A care coordination agreement 
     under this subsection shall be for one year and may be 
     renewed if the Secretary is satisfied that the care 
     coordinator continues to meet the conditions of participation 
     specified in paragraph (1).
       ``(B) Payment for services.--The Secretary may negotiate or 
     otherwise establish payment terms and rates for services 
     described in subsection (d)(1).
       ``(C) Liability.--Case coordinators shall be subject to 
     liability for actual health damages which may be suffered by 
     recipients as a result of the care coordinator's decisions, 
     failure or delay in making decisions, or other actions as a 
     care coordinator.
       ``(D) Terms.--In addition to such other terms as the 
     Secretary may require, an agreement under this section shall 
     include the terms specified in subparagraphs (A) through (C) 
     of section 1905(t)(3).

     ``SEC. 2207. ADMINISTRATION AND MISCELLANEOUS.

       ``(a) In General.--Except as otherwise provided in this 
     title--
       ``(1) the Secretary shall enter into appropriate contracts 
     with providers of services, other health care providers, 
     carriers, and fiscal intermediaries, taking into account the 
     types of contracts used under title XVIII with respect to 
     such entities, to administer the program under this title;
       ``(2) individuals enrolled under this title shall be 
     treated for purposes of title XVIII as though the individual 
     were entitled to benefits under part A and enrolled under 
     part B of such title;
       ``(3) benefits described in section 2202 that are payable 
     under this title to such individuals shall be paid in a 
     manner specified by the Secretary (taking into account, and 
     based to the greatest extent practicable upon, the manner in 
     which they are provided under title XVIII);
       ``(4) provider participation agreements under title XVIII 
     shall apply to enrollees and benefits under this title in the 
     same manner as they apply to enrollees and benefits under 
     title XVIII; and
       ``(5) individuals entitled to benefits under this title may 
     elect to receive such benefits under health plans in a 
     manner, specified by the Secretary, similar to the manner 
     provided under part C of title XVIII.
       ``(b) Coordination With Medicaid and SCHIP.--
     Notwithstanding any other provision of law, individuals 
     entitled to benefits for items and services under this title 
     who also qualify for benefits under title XIX or XXI or any 
     other Federally funded program may continue to qualify and 
     obtain benefits under such other title or program, and in 
     such case such an individual shall elect either--
       ``(1) such other title or program to be primary payor to 
     benefits under this title, in which case no benefits shall be 
     payable under this title and the monthly premium under 
     section 2203 shall be zero; or
       ``(2) benefits under this title shall be primary payor to 
     benefits provided under such program or title, in which case 
     the Secretary shall enter into agreements with States as may 
     be appropriate to provide that, in the case of such 
     individuals, the benefits under titles XIX and XXI or such 
     other program (including reduction of cost-sharing) are 
     provided on a `wrap-around' basis to the benefits under this 
     title.''.
       (b) Conforming Amendments to Social Security Act 
     Provisions.--
       (1) Section 201(i)(1) of the Social Security Act (42 U.S.C. 
     401(i)(1)) is amended by striking ``or the Federal 
     Supplementary Medical Insurance Trust Fund'' and inserting 
     ``the Federal Supplementary Medical Insurance Trust Fund, and 
     the MediKids Trust Fund''.
       (2) Section 201(g)(1)(A) of such Act (42 U.S.C. 
     401(g)(1)(A)) is amended by striking `` and the Federal 
     Supplementary Medical Insurance Trust Fund established by 
     title XVIII'' and inserting ``, the Federal Supplementary 
     Medical Insurance Trust Fund, and the MediKids Trust Fund 
     established by title XVIII''.
       (3) Section 1853(c) of such Act (42 U.S.C. 1395w-23(c)) is 
     amended--
       (A) in paragraph (1), by striking ``or (7)'' and inserting 
     ``, (7), or (8)'', and
       (B) by adding at the end the following:
       ``(8) Adjustment for medikids.--In applying this subsection 
     with respect to individuals entitled to benefits under title 
     XXII, the Secretary shall provide for an appropriate 
     adjustment in the Medicare+Choice capitation rate as may be 
     appropriate to reflect differences between the population 
     served under such title and the population under parts A and 
     B.''.
       (c) Maintenance of Medicaid Eligibility and Benefits for 
     Children.--
       (1) In general.--In order for a State to continue to be 
     eligible for payments under section 1903(a) of the Social 
     Security Act (42 U.S.C. 1396b(a))--
       (A) the State may not reduce standards of eligibility, or 
     benefits, provided under its State medicaid plan under title 
     XIX of the Social Security Act or under its State child 
     health plan under title XXI of such Act for individuals under 
     23 years of age below such standards of eligibility, and 
     benefits, in effect on the date of the enactment of this Act; 
     and
       (B) the State shall demonstrate to the satisfaction of the 
     Secretary of Health and Human Services that any savings in 
     State expenditures under title XIX or XXI of the Social 
     Security Act that results from children from enrolling under 
     title XXII of such Act shall be used in a manner that 
     improves services to beneficiaries under title XIX of such 
     Act, such as through increases in provider payment rates, 
     expansion of eligibility, improved nurse and nurse aide 
     staffing and improved inspections of nursing facilities, and 
     coverage of additional services.
       (2) Medikids as primary payor.--In applying title XIX of 
     the Social Security Act, the MediKids program under title 
     XXII of such Act shall be treated as a primary payor in cases 
     in which the election described in section 2207(b)(2) of such 
     Act, as added by subsection (a), has been made.
       (d) Expansion of MedPAC Membership to 19.--
       (1) In general.--Section 1805(c) of the Social Security Act 
     (42 U.S.C. 1395b-6(c)) is amended--
       (A) in paragraph (1), by striking ``17'' and inserting 
     ``19''; and
       (B) in paragraph (2)(B), by inserting ``experts in 
     children's health,'' after ``other health professionals,''.
       (2) Initial terms of additional members.--
       (A) In general.--For purposes of staggering the initial 
     terms of members of the Medicare Payment Advisory Commission 
     under section 1805(c)(3) of the Social Security Act (42 
     U.S.C. 1395b-6(c)(3)), the initial terms of the 2 additional 
     members of the Commission provided for by the amendment under 
     subsection (a)(1) are as follows:
       (i) One member shall be appointed for 1 year.
       (ii) One member shall be appointed for 2 years.

[[Page S3512]]

       (B) Commencement of terms.--Such terms shall begin on 
     January 1, 2004.

     SEC. 3. MEDIKIDS PREMIUM.

       (a) General Rule.--Subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 (relating to determination of 
     tax liability) is amended by adding at the end the following 
     new part:

                     ``PART VIII--MEDIKIDS PREMIUM

``Sec. 59B. MediKids premium.

     ``SEC. 59B. MEDIKIDS PREMIUM.

       ``(a) Imposition of Tax.--In the case of an individual to 
     whom this section applies, there is hereby imposed (in 
     addition to any other tax imposed by this subtitle) a 
     MediKids premium for the taxable year.
       ``(b) Individuals Subject to Premium.--
       ``(1) In general.--This section shall apply to an 
     individual if the taxpayer has a MediKid at any time during 
     the taxable year.
       ``(2) Medikid.--For purposes of this section, the term 
     `MediKid' means, with respect to a taxpayer, any individual 
     with respect to whom the taxpayer is required to pay a 
     premium under section 2203(c) of the Social Security Act for 
     any month of the taxable year.
       ``(c) Amount of Premium.--For purposes of this section, the 
     MediKids premium for a taxable year is the sum of the monthly 
     premiums under section 2203 of the Social Security Act for 
     months in the taxable year.
       ``(d) Exceptions Based on Adjusted Gross Income.--
       ``(1) Exemption for very low-income taxpayers.--
       ``(A) In general.--No premium shall be imposed by this 
     section on any taxpayer having an adjusted gross income not 
     in excess of the exemption amount.
       ``(B) Exemption amount.--For purposes of this paragraph, 
     the exemption amount is--
       ``(i) $17,910 in the case of a taxpayer having 1 MediKid,
       ``(ii) $22,530 in the case of a taxpayer having 2 MediKids,
       ``(iii) $27,150 in the case of a taxpayer having 3 
     MediKids, and
       ``(iv) $31,770 in the case of a taxpayer having 4 or more 
     MediKids.
       ``(C) Phaseout of exemption.--In the case of a taxpayer 
     having an adjusted gross income which exceeds the exemption 
     amount but does not exceed twice the exemption amount, the 
     premium shall be the amount which bears the same ratio to the 
     premium which would (but for this subparagraph) apply to the 
     taxpayer as such excess bears to the exemption amount.
       ``(D) Inflation adjustment of exemption amounts.--In the 
     case of any taxable year beginning in a calendar year after 
     2002, each dollar amount contained in subparagraph (C) shall 
     be increased by an amount equal to the product of--
       ``(i) such dollar amount, and
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2001' 
     for `calendar year 1992' in subparagraph (B) thereof.
     If any increase determined under the preceding sentence is 
     not a multiple of $50, such increase shall be rounded to the 
     nearest multiple of $50.
       ``(2) Premium limited to 5 percent of adjusted gross 
     income.--In no event shall any taxpayer be required to pay a 
     premium under this section in excess of an amount equal to 5 
     percent of the taxpayer's adjusted gross income.
       ``(e) Coordination With Other Provisions.--
       ``(1) Not treated as medical expense.--For purposes of this 
     chapter, any premium paid under this section shall not be 
     treated as expense for medical care.
       ``(2) Not treated as tax for certain purposes.--The premium 
     paid under this section shall not be treated as a tax imposed 
     by this chapter for purposes of determining--
       ``(A) the amount of any credit allowable under this 
     chapter, or
       ``(B) the amount of the minimum tax imposed by section 55.
       ``(3) Treatment under subtitle f.--For purposes of subtitle 
     F, the premium paid under this section shall be treated as if 
     it were a tax imposed by section 1.''.
       (b) Technical Amendments.--
       (1) Subsection (a) of section 6012 of such Code is amended 
     by inserting after paragraph (9) the following new paragraph:
       ``(10) Every individual liable for a premium under section 
     59B.''.
       (2) The table of parts for subchapter A of chapter 1 of 
     such Code is amended by adding at the end the following new 
     item:

``Part VIII. MediKids premium.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 2004, in 
     taxable years ending after such date.

     SEC. 4. REFUNDABLE CREDIT FOR COST-SHARING EXPENSES UNDER 
                   MEDIKIDS PROGRAM.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     refundable credits) is amended by redesignating section 36 as 
     section 37 and by inserting after section 35 the following 
     new section:

     ``SEC. 36. COST-SHARING EXPENSES UNDER MEDIKIDS PROGRAM.

       ``(a) Allowance of Credit.--In the case of an individual 
     who has a MediKid (as defined in section 59B) at any time 
     during the taxable year, there shall be allowed as a credit 
     against the tax imposed by this subtitle an amount equal to 
     50 percent of the amount paid by the taxpayer during the 
     taxable year as cost-sharing under section 2202(b)(4) of the 
     Social Security Act.
       ``(b) Limitation Based on Adjusted Gross Income.--The 
     amount of the credit which would (but for this subsection) be 
     allowed under this section for the taxable year shall be 
     reduced (but not below zero) by an amount which bears the 
     same ratio to such amount of credit as the excess of the 
     taxpayer's adjusted gross income for such taxable year over 
     the exemption amount (as defined in section 59B(d)) bears to 
     such exemption amount.''.
       (b) Technical Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting before the period ``or 
     from section 36 of such Code''.
       (2) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of such Code is amended by striking 
     the last item and inserting the following new items:

``Sec. 36. Cost-sharing expenses under MediKids program.
``Sec. 37. Overpayments of tax.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.

     SEC. 5. REPORT ON LONG-TERM REVENUES.

       Within one year after the date of the enactment of this 
     Act, the Secretary of the Treasury shall propose a gradual 
     schedule of progressive tax changes to fund the program under 
     title XXII of the Social Security Act, as the number of 
     enrollees grows in the out-years.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Durbin, Mr. Allen, and Mr. 
        Voinovich):
  S. 589. A bill to strengthen and improve the management of national 
security, encourage Government service in areas of critical national 
security, and to assist government agencies in addressing deficiencies 
in personal possessing specialized skills important to national 
security and incorporating the goals and strategies for recruitment and 
retention for such skilled personnel into the strategic and performance 
management systems of Federal agencies; to the Committee on 
Governmental Affairs.
  Mr. AKAKA. Mr. President. Today I rise on behalf of myself and 
Senators Durbin, Allen and Voinovich to reintroduce the Homeland 
Security Federal Workforce Act. This is similar to legislation Senator 
Durbin, Senator Thompson, and I introduced in the 107th Congress. Like 
S. 1800, this bill is designed to strengthen the Federal Government's 
recruitment and retention efforts in the areas of science, mathematics, 
and foreign language where there is a growing absence of qualified 
personnel.
  In the weeks following the terrorist attacks of September 11, FBI 
Director Mueller made a plea on national television for speakers of 
Arabic and Farsi to help the FBI and national security agencies 
translate documents that were in our possession but which were left 
untranslated due to a shortage of employees with proficiency in those 
languages. The General Accounting Office has reported that agencies 
have shortages in translators and interpreters and an overall shortfall 
in the language proficiency levels needed to carry out their missions.
  The Federal Government also lacks personnel with scientific and 
engineering skills. On February 25, 2003, William Wulf, president of 
the National Academy of Engineering, noted that the supply of talented 
engineers in government is not keeping pace with growing demand. A 
recent poll found that a mere 24 percent of job seekers believe that 
the best engineering job opportunities are in the Federal Government 
compared to 52 percent for the private sector. In another example, a 
1999 report of the National Research Council found significant science 
and technology weaknesses throughout the Department of State. These 
shortfalls have real consequences that hamper our ability to monitor 
exports of military-sensitive technology and preventing proliferation 
of biological warfare expertise from the former Soviet Union.
  Now more than ever, we must make sure we have the right people with 
the right skills in the right place. On January 9, 2003, the Washington 
Post reported that six major agencies moving into the Department of 
Homeland Security could lose roughly a quarter to one-half of their 
employees to retirement over the next five years. The data shows that 
about twice as many employees at these six agencies will be eligible to 
retire by the end of 2008 than

[[Page S3513]]

are currently eligible. According to the data, the following 
percentages of employees will be eligible to retire: 59 percent at the 
Federal Emergency Management Agency; 54 percent of the Coast Guard; 46 
percent of the U.S. Customs Service; 44 percent of the Animal and Plant 
Health Inspection Service; 32 percent of the Immigration and 
Naturalization Service; and 22 percent of the Secret Service.
  An alarming 26,363 employees out of 67,166 in the six agencies would 
be eligible to retire in 2008. Unfortunately, the numbers for other 
Federal agencies are not any better.
  We need programs to recruit personnel with the skills necessary to 
protect our country. The Homeland Security Federal Workforce Act will 
do just that. Today, agencies are forced to decide between funding 
programs and investing in their workforce. This is a no-win situation 
and has prevented many agencies from fully utilizing the Federal 
student loan repayment program which is intended to be a powerful 
recruitment and retention tool. The Homeland Security Federal Workforce 
Act expands the existing student loan repayment program by authorizing 
funds for key national security agencies. The Act establishes a 
separate fund to be administered by the Office of Personnel Management, 
OPM, to repay student loans for employees in national security 
positions who pledge to serve in the government for a minimum of three 
years.
  In addition, our legislation would establish a National Security 
Service Board to oversee and implement the new National Security 
Fellowship Program and the National Security Service Corps. The 
National Security Fellowship Program is designed to fund graduate 
education for selected students learning skills critical to national 
security who agree to enter federal service on the completion of their 
degree.
  Current employees would not be neglected. Twenty percent of 
fellowship slots would be reserved for Federal employees to enhance 
their education and training. In addition, more training opportunities 
would be provided to current federal employees through the National 
Security Service Corps. This program is designed to provide 
opportunities for mid-level federal employees in agencies with national 
security responsibilities to serve in rotational assignments to build 
experience and widen perspectives within the national security 
community.
  Last March I chaired a hearing in the Subcommittee on International 
Security, Proliferation, and Federal Services of the Governmental 
Affairs Committee on this bill. Witnesses commented on the additional 
benefits this legislation could have on the ability of government 
recruitment and retention efforts. My former colleague, Representative 
Lee Hamilton, now the Director of the Woodrow Wilson International 
Center for Scholars, noted that, ``Enactment of these proposals would 
encourage more people to enter national security positions by easing 
the financial sacrifices often associated with graduate study and with 
government service.''
  The creation of the Department of Homeland Security once again raised 
concerns over the recruitment and retention of skilled employees in 
national security positions. To address these needs, Senator Voinovich 
and I successfully added an amendment to the Homeland Security Act to 
help alleviate problems associated with the workforce crisis facing the 
Federal Government. However, we must focus our efforts on recruiting 
and retaining employees with the technical and language skills the 
federal government needs the most. This legislation helps fill the 
holes in our recruitment and retention efforts.
  As the United States Commission on National Security/21st Century, 
also known as the Hart-Rudman Commission, concluded in 2001, `` . . . 
the maintenance of American power in the world depends upon the quality 
of U.S. government personnel, civil and military, at all levels . . . 
The U.S. faces a broader range of national security challenges today, 
requiring policy analysts and intelligence personnel with expertise in 
more countries, regions, and issues.'' The Homeland Security Federal 
Workforce Act will meet this challenge.
  I look forward to working with my colleagues to ensure that the 
Federal Government has the tools to put the right people with the right 
skills in the right place to protect our great Nation.
  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. 589

       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 ``Homeland Security Federal 
     Workforce Act''.

     SEC. 2. FINDINGS, PURPOSE, AND EFFECT OF LAW.

       (a) Findings.--Congress makes the following findings:
       (1) The security of the United States requires the fullest 
     development of the intellectual resources and technical 
     skills of its young men and women.
       (2) The security of the United States depends upon the 
     mastery of modern techniques developed from complex 
     scientific principles. It depends as well upon the discovery 
     and development of new principles, new techniques, and new 
     knowledge.
       (3) The United States finds itself on the brink of an 
     unprecedented human capital crisis in Government. Due to 
     increasing competition from the private sector in recruiting 
     high-caliber individuals, Government departments and 
     agencies, particularly those involved in national security 
     affairs, are finding it hard to attract and retain talent.
       (4) The United States must strengthen Federal civilian and 
     military personnel systems in order to improve recruitment, 
     retention, and effectiveness at all levels.
       (5) The ability of the United States to exercise 
     international leadership is, and will increasingly continue 
     to be, based on the political and economic strength of the 
     United States, as well as on United States military strength 
     around the world.
       (6) The Federal Government has an interest in ensuring that 
     the employees of its departments and agencies with national 
     security responsibilities are prepared to meet the challenges 
     of this changing international environment.
       (7) In January 2001, the General Accounting Office reported 
     that, at the Department of Defense ``attrition among first-
     time enlistees has reached an all-time high. The services 
     face shortages among junior officers, and problems in 
     retaining intelligence analysts, computer programmers, and 
     pilots.'' The General Accounting Office also warned of the 
     Immigration and Naturalization Service's ``lack of staff to 
     perform intelligence functions and unclear guidance for 
     retrieving and analyzing information.''
       (8) The United States Commission on National Security also 
     cautioned that ``the U.S. need for the highest quality human 
     capital in science, mathematics, and engineering is not being 
     met.'' The Commission wrote, ``we must ensure the highest 
     caliber human capital in public service. U.S. national 
     security depends on the quality of the people, both civilian 
     and military, serving within the ranks of government.''
       (9) The events on and after September 11th have highlighted 
     the weaknesses in the Federal and State government's human 
     capital and its personnel management practices, especially as 
     it relates to our national security.
       (b) Purposes.--It is the purpose of this Act to--
       (1) provide attractive incentives to recruit capable 
     individuals for Government and military service; and
       (2) provide the necessary resources, accountability, and 
     flexibility to meet the national security educational needs 
     of the United States, especially as such needs change over 
     time.
       (c) Effect of Law.--Nothing in this Act, or an amendment 
     made by this Act, shall be construed to affect the collective 
     bargaining unit status or rights of any Federal employee.

TITLE I--PILOT PROGRAM FOR STUDENT LOAN REPAYMENT FOR FEDERAL EMPLOYEES 
                    IN AREAS OF CRITICAL IMPORTANCE

     SEC. 101. STUDENT LOAN REPAYMENTS.

       Subchapter VII of chapter 53 of title 5, United States 
     Code, is amended by inserting after section 5379, the 
     following:

     ``Sec. 5379A. Pilot program for student loan repayment for 
       Federal employees in areas of critical importance

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means an agency of the 
     Department of Defense, the Department of Homeland Security, 
     the Department of State, the Department of Energy, the 
     Department of the Treasury, the Department of Justice, the 
     National Security Agency, and the Central Intelligence 
     Agency.
       ``(2) National security position.--The term `national 
     security position' means an employment position determined by 
     the Director of the Office of Personnel Management, in 
     consultation with an agency, for the purposes of the Pilot 
     Program for Student Loan Forgiveness in Areas of Critical 
     Importance established under this section, to involve 
     important homeland security applications.
       ``(3) Student loan.--The term `student loan' means--

[[Page S3514]]

       ``(A) a loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) a loan made under part D or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa 
     et seq.); and
       ``(C) a health education assistance loan made or insured 
     under part A of title VII of the Public Health Service Act 
     (42 U.S.C. 292 et seq.) or under part E of title VIII of such 
     Act (42 U.S.C. 297a et seq.).
       ``(b) Establishment and Operation.--
       ``(1) In general.--The Director of the Office of Personnel 
     Management shall, in order to recruit or retain highly 
     qualified professional personnel, establish a pilot program 
     under which the head of an agency may agree to repay (by 
     direct payments on behalf of the employee) any student loan 
     previously taken out by such employee if the employee is 
     employed by the agency in a national security position.
       ``(2) Terms and conditions of payment.--Payments under this 
     section shall be made subject to such terms, limitations, or 
     conditions as may be mutually agreed to by the agency and 
     employee concerned.
       ``(3) Payments.--The amount paid by the agency on behalf of 
     an employee under this section may not exceed $10,000 towards 
     the remaining balance of the student loan for each year that 
     the employee remains in service in the position, except that 
     the employee must remain in such position for at least 3 
     years. The maximum amount that may be paid on behalf of an 
     employee under this paragraph shall be $80,000.
       ``(4) Limitation.--Nothing in this section shall be 
     considered to authorize an agency to pay any amount to 
     reimburse an employee for any repayments made by such 
     employee prior to the agency's entering into an agreement 
     under this section with such employee.
       ``(5) Rule of construction.--Nothing in this section shall 
     be construed--
       ``(A) to affect student loan repayment programs existing on 
     the date of enactment of this section;
       ``(B) to revoke or rescind any existing law, collective 
     bargaining agreement, or recognition of a labor organization;
       ``(C) to authorize the Office of Personnel Management to 
     determine national security positions for any other purpose 
     other than to make such determinations as are required by 
     this section in order to carry out the purposes of this 
     section; or
       ``(D) as a basis for determining the exemption of any 
     position from inclusion in a bargaining unit pursuant to 
     chapter 71 of title 5, United States Code, or from the right 
     of any incumbent of a national security position determined 
     by the Office of Personnel Management pursuant to this 
     section, from entitlement to all rights and benefits under 
     such chapter.
       ``(6) Fund.--As part of the program established under 
     paragraph (1), the Director shall establish a fund within the 
     Office of Personnel Management to be used by agencies to 
     provide the repayments authorized under the program.
       ``(c) General Provisions.--
       ``(1) Coordination.--The Director of the Office of 
     Personnel Management shall coordinate the program established 
     under this section with the heads of agencies to recruit 
     employees to serve in national security positions.
       ``(2) Reports.--
       ``(A) Allocation and implementation.--Not later than 6 
     months after the date of enactment of this section, the 
     Director of the Office of Personnel Management shall report 
     to the appropriate committees of Congress on the manner in 
     which the Director will allocate funds and implement the 
     program under this section.
       ``(B) Status and success.--Not later than 4 years after the 
     date of enactment of this section, the Director of the Office 
     of Personnel Management shall report to the appropriate 
     Committees on Congress on the status of the program and its 
     success in recruiting and retaining employees for national 
     security positions, including an assessment as to whether the 
     program should be expanded to other agencies or to non-
     national security positions to improve overall Federal 
     workforce recruitment and retention.
       ``(d) Ineligible Employees.--An employee shall not be 
     eligible for benefits under this section if such employee--
       ``(1) occupies a position that is excepted from the 
     competitive service because of its confidential, policy-
     determining, policy-making, or policy-advocating 
     character; or
       ``(2) does not occupy a national security position.
       ``(e) Terms of Agreement.--
       ``(1) In general.--An employee selected to receive benefits 
     under this section shall agree in writing, before receiving 
     any such benefit, that the employee will--
       ``(A) remain in the service of the agency in a national 
     security position for a period to be specified in the 
     agreement, but not less than 3 years, unless involuntarily 
     separated; and
       ``(B) if separated involuntarily on account of misconduct, 
     or voluntarily, before the end of the period specified in the 
     agreement, repay to the Government the amount of any benefits 
     received by such employee from that agency under this 
     section.
       ``(2) Service with other agency.--The repayment provided 
     for under paragraph (1)(B) may not be required of an employee 
     who leaves the service of such employee's agency voluntarily 
     to enter into the service of any other agency unless the head 
     of the agency that authorized the benefits notifies the 
     employee before the effective date of such employee's 
     entrance into the service of the other agency that repayment 
     will be required under this subsection.
       ``(3) Recovery of amounts.--If an employee who is 
     involuntarily separated on account of misconduct or who 
     (excluding any employee relieved of liability under paragraph 
     (2)) is voluntarily separated before completing the required 
     period of service fails to repay the amount provided for 
     under paragraph (1)(B), a sum equal to the amount outstanding 
     is recoverable by the Government from the employee (or such 
     employee's estate, if applicable) by--
       ``(A) setoff against accrued pay, compensation, amount of 
     retirement credit, or other amount due the employee from the 
     Government; and
       ``(B) such other method as is provided for by law for the 
     recovery of amounts owing to the Government.
       ``(4) Waiver.--The head of the agency concerned may waive, 
     in whole or in part, a right of recovery under this 
     subsection if it is shown that recovery would be against 
     equity and good conscience or against the public interest.
       ``(5) Crediting of account.--Any amount repaid by, or 
     recovered from, an individual (or an estate) under this 
     subsection shall be credited to the fund under subsection 
     (b)(6). Any amount so credited shall be merged with other 
     sums in such fund and shall be available for the same 
     purposes and period, and subject to the same limitations (if 
     any), as the sums with which merged.
       ``(f) Termination of Repayment.--An employee receiving 
     benefits under this section from an agency shall be 
     ineligible for continued benefits under this section from 
     such agency if the employee--
       ``(1) separates from such agency; or
       ``(2) does not maintain an acceptable level of performance, 
     as determined under standards and procedures which the agency 
     head shall by regulation prescribe.
       ``(g) Equal Employment.--In selecting employees to receive 
     benefits under this section, an agency shall, consistent with 
     the merit system principles set forth in paragraphs (1) and 
     (2) of section 2301(b) of this title, take into consideration 
     the need to maintain a balanced workforce in which women and 
     members of racial and ethnic minority groups are 
     appropriately represented in Government service.
       ``(h) Additional Benefit.--Any benefit under this section 
     shall be in addition to basic pay and any other form of 
     compensation otherwise payable to the employee involved.
       ``(i) Appropriations Authorized.--For the purpose of 
     enabling the Federal Government to recruit and retain 
     employees critical to our national security pursuant to this 
     section, there are authorized to be appropriated such sums as 
     may be necessary to carry out this section for each fiscal 
     year.
       ``(j) Length of Program.--The program under this section 
     shall remain in effect for the 8-year period beginning on the 
     date of enactment of this section. The program shall continue 
     to pay employees recruited under this program who are in 
     compliance with this section their benefits through their 
     commitment period regardless of the preceding sentence.
       ``(k) Regulations.--Not later than 2 months after the date 
     of enactment of this section, the Director of the Office of 
     Personnel Management shall propose regulations to carry out 
     this section. Not later than 6 months after the date on which 
     the comment period for the regulations proposed under the 
     preceding sentence ends, the Secretary shall promulgate final 
     regulations to carry out this section.''.

  TITLE II--FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL SERVICE

     SEC. 201. FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL 
                   SERVICE.

       Subchapter VII of chapter 53 of title 5, United States 
     Code, as amended by section 101, is further amended by 
     inserting after section 5379A, the following:

     ``Sec. 5379B. Fellowships for graduate students to enter 
       federal service

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means an agency of the 
     Department of Defense, the Department of Homeland Security, 
     the Department of State, the Department of Energy, the 
     Department of the Treasury, the Department of Justice, the 
     National Security Agency, and the Central Intelligence 
     Agency, and other Federal Government agencies as determined 
     by the National Security Service Board under subsection (f).
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given to 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       ``(4) National security position.--The term `national 
     security position' means an employment position determined by 
     the Director of the Office of Personnel Management, in 
     consultation with an agency, for the purposes of a program 
     established for Fellowships for Graduate Students to Enter 
     Federal Services as established under this section, to 
     involve important homeland security applications.
       ``(5) Science.--The term `science' means any of the natural 
     and physical sciences including chemistry, biology, physics, 
     and

[[Page S3515]]

     computer science. Such term does not include any of the 
     social sciences.''.
       ``(b) In General.--The Director shall establish and 
     implement a program for the awarding of fellowships (to be 
     known as `National Security Fellowships') to graduate 
     students who, in exchange for receipt of the fellowship, 
     agree to employment with the Federal Government in a national 
     security position.
       ``(c) Eligibility.--To be eligible to participate in the 
     program established under subsection (b), a student shall--
       ``(1) have been accepted into a graduate school program at 
     an accredited institution of higher education within the 
     United States and be pursuing or intend to pursue graduate 
     education in the United States in the disciplines of foreign 
     languages, science, mathematics, engineering, 
     nonproliferation education, or other international fields 
     that are critical areas of national security (as determined 
     by the Director);
       ``(2) be a United States citizen, United States national, 
     permanent legal resident, or citizen of the Freely Associated 
     States; and
       ``(3) agree to employment with an agency or office of the 
     Federal Government in a national security position.
       ``(d) Service Agreement.--In awarding a fellowship under 
     the program under this section, the Director shall require 
     the recipient to enter into an agreement under which, in 
     exchange for such assistance, the recipient--
       ``(1) will maintain satisfactory academic progress (as 
     determined in accordance with regulations issued by the 
     Director) and provide regularly scheduled updates to the 
     Director on the progress of their education and how their 
     employment continues to relate to a national security 
     objective of the Federal Government;
       ``(2) will, upon completion of such education, be employed 
     by the agency for which the fellowship was awarded for a 
     period of at least 3 years as specified by the Director; and
       ``(3) agrees that if the recipient is unable to meet either 
     of the requirements described in paragraph (1) or (2), the 
     recipient will reimburse the United States for the amount of 
     the assistance provided to the recipient under the 
     fellowship, together with interest at a rate determined in 
     accordance with regulations issued by the Director, but not 
     higher than the rate generally applied in connection with 
     other Federal education loans.
       ``(e) Federal Employment Eligibility.--If a recipient of a 
     fellowship under this section demonstrates to the 
     satisfaction of the Director that, after completing their 
     education, the recipient is unable to obtain a national 
     security position in the Federal Government because such 
     recipient is not eligible for a security clearance or other 
     applicable clearance necessary for such position, the 
     Director may permit the recipient to fulfill the service 
     obligation under the agreement under subsection (d) by 
     working in another office or agency in the Federal Government 
     for which their skills are appropriate, by teaching math, 
     science, or foreign languages, or by performing research, at 
     an institution of higher education, for a period of not less 
     than 3 years, in the area of study for which the fellowship 
     was awarded.
       ``(f) Fellowship Selection.--
       ``(1) In general.--The Director shall consult and cooperate 
     with the National Security Service Board established under 
     paragraph (2) in the selection and placement of national 
     security fellows under this section.
       ``(2) National security service board.--
       ``(A) Establishment of board.--There is established the 
     National Security Service Board.
       ``(B) Membership.--The Board shall be composed of--
       ``(i) the Director of the Office of Personnel Management, 
     who shall serve as the chairperson of the Board;
       ``(ii) the Secretary of Defense;
       ``(iii) the Secretary of Homeland Security;
       ``(iv) the Secretary of State;
       ``(v) the Secretary of the Treasury;
       ``(vi) the Attorney General;
       ``(vii) the Director of the Central Intelligence Agency;
       ``(viii) the Director of the Federal Bureau of 
     Investigations;
       ``(ix) the Director of the National Security Agency;
       ``(x) the Secretary of Energy;
       ``(xi) the Director of the Office of Science and Technology 
     Policy; and
       ``(xii) 2 employees, to be appointed by each of the 
     officials described in clauses (ii) through (ix), of each 
     Department for which such officials have responsibility for 
     administering, of whom--

       ``(I) 1 shall perform senior level policy functions; and
       ``(II) 1 shall perform human resources functions.

       ``(C) Functions.--The Board shall carry out the following 
     functions:
       ``(i) Develop criteria for awarding fellowships under this 
     section.
       ``(ii) Provide for the wide dissemination of information 
     regarding the activities assisted under this section.
       ``(iii) Establish qualifications for students desiring 
     fellowships under this section, including a requirement that 
     the student have a demonstrated commitment to the study of 
     the discipline for which the fellowship is to be awarded.
       ``(iv) Provide the Director semi-annually with a list of 
     fellowship recipients, including an identification of their 
     skills, who are available to work in a national security 
     position.
       ``(v) Not later than 30 days after a fellowship recipient 
     completes the study or education for which assistance was 
     provided under this section, work in conjunction with the 
     Director to make reasonable efforts to hire and place the 
     fellow in an appropriate national security position.
       ``(vi) Review the administration of the program established 
     under this section.
       ``(vii) Develop and provide to Congress a strategic plan 
     that identifies the skills needed by the Federal national 
     security workforce and how the provisions of this Act, and 
     related laws, regulations, and policies will be used to 
     address such needs.
       ``(viii) Carry out additional functions under section 301 
     of the Homeland Security Federal Workforce Act.
       ``(g) Special Consideration for Current Federal 
     Employees.--
       ``(1) Set aside of fellowships.--Twenty percent of the 
     fellowships awarded under this section shall be set aside for 
     Federal employees who are working in national security 
     positions on the date of enactment of this section to enhance 
     the education and training of such employees in areas 
     important to national security.
       ``(2) Full- or part-time education.--Federal employees who 
     are awarded fellowships under paragraph (1) shall be 
     permitted to obtain advanced education under the fellowship 
     on a full-time or part-time basis.
       ``(3) Part-time education.--A Federal employee who pursues 
     education or training under a fellowship under paragraph (1) 
     on a part-time basis shall be eligible for a stipend in an 
     amount which, when added to the employee's part-time 
     compensation, does not exceed the amount described in 
     subsection (i)(2).
       ``(h) Fellowship Service.--Any individual under this 
     section who is employed by the Federal Government in a 
     national security position shall be able to count the time 
     that the individual spent in the fellowship program towards 
     the time requirement for a reduction in student loans as 
     described in section 5379A.
       ``(i) Amount of Award.--A National Security Fellow who 
     complies with the requirements of this section may receive 
     funding under the fellowship for up to 3 years at an amount 
     determined appropriate by the Director, but not to exceed the 
     sum of--
       ``(1) the amount of tuition paid by the fellow; and
       ``(2) a stipend in an amount equal to the maximum stipend 
     available to recipients of fellowships under section 10 of 
     the National Science Foundation Act of 1950 (42 U.S.C. 1869) 
     for the year involved.
       ``(j) Appropriations Authorized.--For the purpose of 
     enabling the Director to recruit and retain highly qualified 
     employees in national security positions, there are 
     authorized to be appropriated $100,000,000 for fiscal year 
     2004, and such sums as may be necessary for each subsequent 
     fiscal year.
       ``(k) Rule of Construction.--Noting in this section shall 
     be construed--
       ``(1) to authorize the Office of Personnel Management to 
     determine national security positions for any other purpose 
     other than to make such determinations as are required by 
     this section in order to carry out the purposes of this 
     section; and
       ``(2) as a basis for determining the exemption of any 
     position from inclusion in a bargaining unit pursuant to 
     chapter 71 of title 5, United States Code, or from the right 
     of any incumbent of a national security position determined 
     by the Office of Personnel Management pursuant to this 
     section, from entitlement to all rights and benefits under 
     such chapter.''.

               TITLE III--NATIONAL SECURITY SERVICE CORPS

     SEC. 301. NATIONAL SECURITY SERVICE CORPS.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) a proficient national security workforce requires 
     certain skills and knowledge, and effective professional 
     relationships; and
       (B) a national security workforce will benefit from the 
     establishment of a National Security Service Corps.
       (2) Purposes.--The purposes of this section are to--
       (A) provide mid-level employees in national security 
     positions within agencies the opportunity to broaden their 
     knowledge through exposure to other agencies;
       (B) expand the knowledge base of national security agencies 
     by providing for rotational assignments of their employees at 
     other agencies;
       (C) build professional relationships and contacts among the 
     employees and agencies of the national security community; 
     and
       (D) invigorate the national security community with 
     exciting and professionally rewarding opportunities.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means an agency of the 
     Department of Defense, the Department of Homeland Security, 
     the Department of State, the Department of Energy, the 
     Department of the Treasury, the Department of Justice, and 
     the National Security Agency.
       (2) Board.--The term ``Board'' means the National Security 
     Service Board established under section 5379B(f)(2) of title 
     5, United States Code.
       (3) Corps.--The term ``Corps'' means the National Security 
     Service Corps.
       (4) Corps position.--The term ``corps position'' means a 
     position that--
       (A) is a position--
       (i) at or above GS-12 of the General Schedule; or

[[Page S3516]]

       (ii) in the Senior Executive Service;
       (B) the duties of which do not relate to intelligence 
     support for policy; and
       (C) is designated by the head of an agency as a Corps 
     position.
       (c) Goals and Administration.--The Board shall--
       (1) formulate the goals of the Corps;
       (2) resolve any issues regarding the feasibility of 
     implementing this section;
       (3) evaluate relevant civil service rules and regulations 
     to determine the desirability of seeking legislative changes 
     to facilitate application of the General Schedule and Senior 
     Executive Service personnel systems to the Corps;
       (4) create specific provisions for agencies regarding 
     rotational programs;
       (5) formulate interagency compacts and cooperative 
     agreements between and among agencies relating to--
       (A) the establishment and function of the Corps;
       (B) incentives for individuals to participate in the Corps;
       (C) professional education and training;
       (D)(i) the process for competition for a Corps position;
       (ii) which individuals may compete for Corps positions; and
       (iii) any employment preferences an individual 
     participating in the Corps may have when returning to the 
     employing agency of that individual; and
       (E) any other issues relevant to the establishment and 
     continued operation of the Corps; and
       (6) not later than 180 days after the date of enactment of 
     this section, submit a report to the Office of Personnel 
     Management on all findings and relevant information on the 
     establishment of the Corps.
       (d) Corps.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date on which the report is submitted under subsection 
     (c)(6), the Office of Personnel Management shall publish in 
     the Federal Register, proposed regulations describing the 
     purpose, and providing for the establishment and operation of 
     the Corps.
       (2) Comment period.--The Office of Personnel Management 
     shall provide for--
       (A) a period of 60 days for comments from all stakeholders 
     on the proposed regulations; and
       (B) a period of 180 days following the comment period for 
     making modifications to the regulations.
       (3) Final regulations.--After the 180-day period described 
     under paragraph (2)(B), the Office of Personnel Management 
     shall promulgate final regulations that--
       (A) establish the Corps;
       (B) provide guidance to agencies to designate Corps 
     positions;
       (C) provide for individuals to perform periods of service 
     of not more than 2 years at a Corps position within agencies 
     on a rotational basis;
       (D) establish eligibility for individuals to participate in 
     the Corps;
       (E) enhance career opportunities for individuals 
     participating in the Corps;
       (F) provide for the Corps to develop a group of policy 
     experts with broad-based experience throughout the executive 
     branch; and
       (G) provide for greater interaction among agencies with 
     traditional national security functions.
       (4) Actions by agencies.--Not later than 180 days after the 
     promulgation of final regulations under paragraph (3), each 
     agency shall--
       (A) designate Corps positions;
       (B) establish procedures for implementing this section; and
       (C) begin active participation in the operation of the 
     Corps.
       (e) Allowances, Privileges, etc.--An employee serving on a 
     rotational basis with another agency pursuant to this section 
     is deemed to be detailed and, for the purpose of preserving 
     allowances, privileges, rights, seniority, and other benefits 
     with respect to the employee, is deemed to be an employee of 
     the original employing agency and is entitled to the pay, 
     allowances, and benefits from funds available to that agency.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Personnel Management such 
     sums as may be necessary to carry out this section.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. CONTENT OF STRATEGIC PLANS.

       Section 306(a)(3) of title 5, United States Code, is 
     amended by inserting before the semicolon the following: ``, 
     a discussion of the extent to which specific skills in the 
     agency's human capital are needed to achieve the mission, 
     goals and objectives of the agency, especially to the extent 
     the agency's mission, goals and objectives are critical to 
     ensuring the national security''.

     SEC. 402. PERFORMANCE PLANS.

       Section 1115(a) of title 31, United States Code, is 
     amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) pursuant to paragraph (3), give special attention to 
     the extent to which specific skills are needed to accomplish 
     the performance goals and indicators that are critical to 
     ensuring the national security;''.

     SEC. 403. GOVERNMENTWIDE PROGRAM PERFORMANCE REPORTS.

       Section 1116 of title 31, United States Code, is amended--
       (1) in subsection (b)(1), by inserting before the period 
     the following: ``, and shall specify which performance goals 
     and indicators are critical to ensuring the national 
     security''; and
       (2) in subsection (d)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by adding ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(D) whether human capital deficiencies in any way 
     contributed to the failure of the agency to achieve the 
     goal;''.
                                 ______
                                 
      By Mr. HOLLINGS:
  S. 592. A bill to establish an Office of Manufacturing in the 
Department of Commerce, and for other purposes; to the Committee on 
Finance.
  Mr. HOLLINGS. Mr. President, the Department of Labor, recently 
released the latest unemployment results and at first blush, the 5.8 
percent figure, while certainly too high, does not seem overly 
alarming. It is only with a look behind the numbers that some 
disturbing trends become apparent.
  February marked the 31st consecutive month, since July 2000, that 
manufacturing employment has declined. This is the longest consecutive 
monthly decline in the post World War II era. Already, more than 2 
million manufacturing jobs are gone. A generation ago, in 1974, 
manufacturing workers were 26 percent of the workforce, today they 
account for only 12.5 percent of the workforce.
  For all of 2002, industrial production fell 0.6 percent following a 
3.5 percent decline in 2001. That represented the first back-to-back 
annual declines in industrial output since 1974-1975.
  Unfortunately, no end is in sight. By some measures, the 
manufacturing job loss is twice as bad as the last recession in the 
early Nineties. The 2002 Producer Price Index revealed the worst 
deflation in producer prices since 1949, suggesting that there is 
little incentive to restart the shuttered factories.
  Prices for manufactured goods were down 1.5 percent in December from 
a year earlier. Next to a 1.6 percent year-to-year drop in November, it 
was the largest decline of such prices on record going back to 1958. 
And all this has occurred against the backdrop of 2 years of 
substantial fiscal stimulus and the most aggressive monetary policy in 
anyone's memory.
  But this wasn't suppose to happen. Globalization was going to create 
a gentle prosperity that would create jobs, lift our standard of living 
and improve our communities. During the Clinton era, we entered into a 
series of international trade agreements, most notably NAFTA, WTO and 
China's entrance into the WTO, designed to increase trade and stimulate 
manufacturing job creation.
  The second Bush administration continues this policy, trotting around 
the globe negotiating, free-trade agreements within every region of the 
world. Recently, the administration concluded agreements with Singapore 
and Chile.
  After nearly a decade of the NAFTA/WTO free-trade experiment and 
after a year of ``recovery'', it seems appropriate to review whether 
this free trade era is working? The answer is clearly no.
  Our factories have been swamped by a flood of imports. Each month 
seems to bring a record trade deficit and more stories of plants 
closing and moving offshore.
  Our communities, particularly the rural ones, are quite literally 
emptying out. During the nineties, imports soared by more than 107 
percent. Our trade surplus with Mexico dissolved soon after NAFTA went 
into effect. From 1991 to 2001, our trade deficit went from $77 billion 
to $427 billion, costing us hundreds of thousands of jobs.
  Essentially, our trading partners are exporting their unemployment to 
us. Recently, Ed Yardeni, chief investment strategist of Prudential 
Securities, noted that while the United States currently has 16.3 
million manufacturing jobs, some 20 million rural Chinese move to seek 
better-paying manufacturing and construction jobs in the cities, each 
year.

  There seems to be no end in sight to pain being experienced by our 
manufacturing sector. Even a declining dollar is not improving our 
trade situation, as our factories race to re-establish overseas. It 
seems like recognizing

[[Page S3517]]

where our problem is coming from would be a good first step toward 
solving it.
  So today I introduce legislation designed to help get American 
manufacturing off the canvas. It is broad and wide ranging.
  The legislation would eliminate the tax benefits associated with off-
shore production, whether its by a United States or foreign-based 
company. It would eliminate the incentives for companies to move their 
headquarters outside of the United States. It would prevent the Export 
Import Bank or the Overseas Private Investment Corporation from funding 
any project that did not contain at least 80 percent U.S. content. It 
would eliminate the International Trade Commission. It would provide 
for an additional 500 Customs agents to enforce the tariff and quota 
rules associated with the textile trade. It would prohibit the sale in 
interstate commerce of any manufactured product made by anyone under 
twelve. It would reform WTO dispute settlement by establishing a panel 
of Federal judges to review the determinations that these dispute 
panels are reaching. It would express the Senate's strong support for 
the Byrd amendment which returns anti-dumping monies to injured 
parties. Finally, the legislation would extend the Buy America 
provisions for the Defense Department contained in the Berry amendment 
to the newly formed Department of Homeland Security.
  It's just a start, but we have to begin the process of rejuvenating 
the American manufacturer.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Mikulski, Mr. Leahy, Mr. 
        Sarbanes, Mr. Bingaman, Mr. Lautenberg, and Ms. Landrieu):
  S. 593. A bill to ensure that a Federal employee who takes leave 
without pay in order to perform service as a member of the uniformed 
services or member of the National Guard shall continue to receive pay 
in an amount which, when taken together with the pay and allowances 
such individual is receiving for such service, will be no less than the 
basic pay such individual would then be receiving if no interruption in 
employment has occurred; to the Committee on Governmental Affairs.
  Mr. DURBIN. Mr. President, today, with war looming with Iraq and 
hundreds of thousands of our troops poised for battle overseas, I would 
like to discuss the financial burden faced by many of the men and women 
who serve in the military Reserves or National Guard and who are forced 
to take unpaid leave from their jobs when called to active duty. 
Currently, there are nearly 170,000 Guard and Reservists mobilized and 
serving on active duty in our armed forces. While these individuals 
receive pay for the time they are on active duty, the salary gap 
between military duty and civilian work can be considerable. It is 
unfair to ask the men and women who have volunteered to serve their 
country, often in dangerous situations, to also face a financial strain 
on their families.
  A number of employers have wisely acted to remedy this hardship by 
establishing financial compensation plans for their employees in the 
Reserves and National Guard. Many companies and State and local 
governments, including Ford, IBM, the State of California, Los Angeles 
County, and Austin, TX, recognize this burden and voluntarily pay the 
difference between the active duty military salary and civilian salary 
for these reservists. In my State of Illinois, Boeing Aerospace, State 
Farm Insurance, Sears, Roebuck & Company, the State of Illinois, the 
City of Chicago, and many other Illinois companies, local governments, 
and institutions cover the pay differential for Reserve and National 
Guard members called to active duty.
  We should take similar action in Washington and set an example for 
employers throughout the country. Today, I am introducing with my 
colleague from Maryland, Senator Barbara Mikulski, the Reservist Pay 
Security Act of 2003, legislation that will help alleviate the 
financial problems faced by many Federal employees who serve in the 
Reserves and must take time off from their jobs when our Nation calls. 
This bill would allow these citizen-soldiers to maintain their normal 
salary when called to active service by requiring Federal agencies to 
make up the difference between their military pay and what they would 
have earned on their Federal job.
  As the symbol of American values and ideals, the Federal Government 
should give these special employees of our government more than just 
words of support. We should not encourage Americans to protect their 
country and then punish those who enlist in the armed forces by taking 
away a large portion of their salaries. We must provide our reservist 
employees with financial support so they can leave their civilian lives 
to serve our country without the added burden of worrying about the 
financial well-being of their families. They are doing so much for us; 
we should do no less for them.
  I urge my colleagues to join me in cosponsoring this important 
legislation.
  Ms. MIKULSKI. Mr. President, yesterday I spoke on the floor about 
supporting our armed forces. Support for our troops is particularly 
important today as our soldiers, sailors, airmen and marines are 
deployed for possible war with Iraq. We must express our support not 
only with words, but with deeds. We owe that to our armed forces.
  Our brave men and women of the National Guard and Reserves are 
experiencing hardships as a result of recent mobilizations. I believe 
we should do everything we can to reduce unnecessary financial burdens 
on members of the military, especially when they are putting themselves 
in harm's way to protect our great Nation.
  We must stand up for our military; we must also stand up for their 
families. Our troops will face grave danger. They should not have to 
face fear for their families, and particularly they should not have to 
worry about their families' finances.
  Though America is on the brink of war, American military families 
must never be on the brink of bankruptcy. That is why we, in the 
Senate, must take immediate steps to support military families.
  Today, I am proud to cosponsor the Reservists Pay Security Act with 
my colleague Senator Dick Durbin. Senator Durbin introduced a similar 
bill in the House, and I introduced it in the Senate during Desert 
Storm in 1991. It was the right thing to do then, and it is the right 
thing to do now. I'm proud to work together again on this worthy cause.
  The Reservists Pay Security Act of 2003 would ensure that Federal 
employees who take leave to serve in our military reserves receive the 
same pay as if no interruption in their employment occurred. Why start 
with Federal employees? Well, many large companies and local 
governments continue to pay the full salary of their employees when 
they are activated. I applaud those excellent corporate citizens and 
those local governments. Some of the largest employers in my own State 
are also meeting that responsibility. The Federal Government should be 
a model employer and set the example for large businesses. This should 
be a first step.
  I believe we should move quickly to pass this bill because many 
members of the Guard and Reserves do work for the Federal Government in 
highly specialized areas. But the Federal Government needs to do more 
than that. We need to take a look at those who work for small business 
and those who are self-employed. A call for duty will be responded to, 
but a call for duty time and time again in a single-year period places 
the responsibility on the family. American families should never 
subsidize our war effort. We should be looking out for those families.
  We owe reservists our support and a debt of gratitude. This bill is a 
step toward achieving that. I urge my colleagues to join us and enact 
this important legislation for the men and women of our National Guard 
and Reserves.
                                 ______
                                 
      By Mr. JOHNSON (for himself, Mr. Daschle, Mr. Campbell, Mr. 
        Cochran, and Mrs. Murray):
  S. 594. A bill to provide for the issuance of bonds to provide 
funding for the construction of schools of the Bureau of Indian 
Affairs, and for other purposes; to the Committee on the Indian 
Affairs.
  Mr. JOHNSON. Mr. President, I, along with Senators Daschle, Campbell, 
Cochran, and Murray introduce the Indian School Construction Act. This 
legislation establishes an innovative funding mechanism to enhance the

[[Page S3518]]

ability of Indian tribes to construct, repair, and maintain quality 
educational facilities.
  For education construction in fiscal year 2004, President Bush 
proposes a total of $292.6 million, the same level as was requested in 
FY 2003. Of this total, $131.4 million is for new school construction 
to replace seven trial schools on the BIA Priority List, one of those 
is in my home state of South Dakota. While I am pleased that seven 
schools will be replaced this year, there are literally dozens of 
schools that are in desperate need of replacement and repair. Simply, 
the process for replacing schools does not meet the need.
  American Indians have been, and continue to be disproportionately 
affected by both poverty and low educational achievement. The fact that 
children are expected to learn despite inadequate educational 
facilities undoubtedly contributes to this disparity.
  This bill provides a mechanism whereby an escrow account will be set 
up with a one time appropriation. Money would be placed in the escrow 
account and the tribal governments could use that account to issue 
bonds for purposes of constructing elementary and secondary schools. 
This allows tribal governments an opportunity to construct schools, 
even if the schools are low on the BIA priority list and are not slated 
for immediate construction under the direct appropriation process. 
Ultimately, this would mean that our children can learn in a better 
environment more quickly.
  I urge my colleagues to closely examine the Indian School 
Construction Act and join me in working to make this innovative funding 
mechanism a reality.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Breaux, Mr. Allard, Ms. Collins, 
        Mr. Sununu, and Ms. Snowe):
  S. 595. A bill to amend the Internal Revenue Code of 1986 to repeal 
the required use of certain principal repayments on mortgage subsidy 
bond financings to redeem bonds, to modify the purchase price 
limitation under mortgage subsidy bond rules based on median family 
income, and for other purposes; to the Committee on Finance.
  Mr. HATCH. Mr. President, on behalf of myself and Senator Breaux, I 
rise today to introduce the Housing Bond and Credit Modernization and 
Fairness Act of 2003. We are joined in this legislation by Senators 
Allard, Collins, Sununu, and Snowe.
  This bill will bring about important modifications to two important 
and popular Federal affordable housing programs--Housing Bonds, or 
single family Mortgage Revenue Bonds, MRBs, as they are commonly known, 
and the Low Income Housing Tax Credit. My long-time partnership on 
these issues with Senator Breaux is one indication of the broad 
bipartisan support enjoyed by these programs. Another is the fact that 
our identical bill in the 107th Congress attracted 79 members of this 
body as cosponsors.
  These programs are popular because they are state-administered, 
federal tax incentives designed to encourage private investment in 
first-time homebuyer mortgages for low and moderate-income families and 
privately developed and owned apartments for low-income renters. 
Moreover, they have a proven track record of being effective in 
providing housing to families who need it.
  As with most things, however, these programs could use some 
improvements. Specifically, the current law governing these two housing 
programs includes some obsolete provisions that act as barriers and 
limit their effectiveness. The legislation we are introducing today 
would modernize these programs and remove these barriers.
  The Housing Bond and Credit Modernization and Fairness Act does three 
things.
  First, it repeals the so-called ``Ten-Year Rule,'' a provision added 
to the MRB program in 1988 that prevents States from using homeowner 
payments on such mortgages to make new mortgages to additional 
qualified purchasers. For each day the Ten-Year Rule is in effect, 
States lose millions of dollars in financing for first-time homebuyer 
mortgages, amounting to more than $14 billion in mortgage authority 
between 2001 and 2005. This barrier keeps tens of thousands of 
additional qualified lower income homebuyers from getting an affordable 
MRB-financed mortgage, including many in my home State of Utah. Our 
bill eliminates the Ten-Year Rule to allow States to use mortgage 
payments to finance additional lower income mortgages.
  Second, it replaces the present unworkable price limit for homes 
these mortgages can finance with a simple limit that works. Let me 
explain. Current law limits the price of homes purchased with MRB-
financed mortgages to 90 percent of the average area home price. States 
have the option of determining their own purchase price limits or 
relying on Treasury-published safe harbor limits.
  Most States have relied on the Treasury limits because it is costly 
and burdensome to collect accurate and comprehensive sales price data. 
The problem is that the Treasury Department has not been providing 
recent data. This has especially been a problem for states, such as 
Utah, with many rural areas. In fact, Treasury last issued safe harbor 
limits in 1994, based on 1993 data. Home prices have risen 
significantly in the past ten years. This means that the MRB program 
simply cannot work in many parts of many states because qualified 
buyers cannot find homes priced below the outdated limits. To have an 
outdated and unworkable requirement that holds back the families that 
this program is designed to help is poor public policy that cries out 
for remedy.
  The answer, which is included in our bill, is to replace the present 
limit, set in Washington, by a simple formula limiting the purchase 
price to three and a half times the qualifying income under the 
program.
  Finally, the bill makes Housing Credit apartment production viable in 
rural areas by allowing States to use statewide median incomes as the 
basis for the income limits in that program. This change would apply 
the same methodology for determining qualifying income levels used in 
the MRB Program. HUD data shows that current income limits inhibit 
Housing Credit development in more than 1,300 nonmetropolitan counties 
across the country.
  I am pleased to tell my colleagues that the changes proposed by the 
Housing Bond and Credit Modernization and Fairness Act have been 
endorsed by the bipartisan National Governors Association, the National 
Council of State Housing Agencies, and nearly every major national 
housing organization. These groups know how important the Housing Bond 
and Housing Credit programs are in giving States the ability to meet 
the housing needs of low and moderate-income families.
  The Housing Credit and the MRB programs work and they are important 
to each State. This bill gives the Congress a golden opportunity to 
create new housing opportunities for tens of thousands of low and 
moderate-income families every year, simply by improving these existing 
and proven programs. I encourage my colleagues to join this bipartisan 
effort.
  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. 595

       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 ``Housing Bond and Credit 
     Modernization and Fairness Act of 2003''.

     SEC. 2. REPEAL OF REQUIRED USE OF CERTAIN PRINCIPAL 
                   REPAYMENTS ON MORTGAGE SUBSIDY BOND FINANCINGS 
                   TO REDEEM BONDS.

       (a) In General.--Subparagraph (A) of section 143(a)(2) of 
     the Internal Revenue Code of 1986 (defining qualified 
     mortgage issue) is amended by adding ``and'' at the end of 
     clause (ii), by striking ``, and'' at the end of clause (iii) 
     and inserting a period, and by striking clause (iv) and the 
     last sentence.
       (b) Conforming Amendment.--Clause (ii) of section 
     143(a)(2)(D) of such Code is amended by striking ``(and 
     clause (iv) of subparagraph (A))''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to repayments received after the date of the 
     enactment of this Act.

     SEC. 3. MODIFICATION OF PURCHASE PRICE LIMITATION UNDER 
                   MORTGAGE SUBSIDY BOND RULES BASED ON MEDIAN 
                   FAMILY INCOME.

       (a) In General.--Paragraph (1) of section 143(e) of the 
     Internal Revenue Code of 1986

[[Page S3519]]

     (relating to purchase price requirement) is amended to read 
     as follows:
       ``(1) In general.--An issue meets the requirements of this 
     subsection only if the acquisition cost of each residence the 
     owner-financing of which is provided under the issue does not 
     exceed the greater of--
       ``(A) 90 percent of the average area purchase price 
     applicable to the residence, or
       ``(B) 3.5 times the applicable median family income (as 
     defined in subsection (f)).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to financing provided, and mortgage credit 
     certificates issued, after the date of the enactment of this 
     Act.

     SEC. 4. DETERMINATION OF AREA MEDIAN GROSS INCOME FOR LOW-
                   INCOME HOUSING CREDIT PROJECTS.

       (a) In General.--Paragraph (4) of section 42(g) of the 
     Internal Revenue Code of 1986 (relating to certain rules made 
     applicable) is amended by striking the period at the end and 
     inserting ``and the term `area median gross income' means the 
     amount equal to the greater of--
       ``(A) the area median gross income determined under section 
     142(d)(2)(B), or
       ``(B) the statewide median gross income for the State in 
     which the project is located.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to--
       (1) housing credit dollar amounts allocated after the date 
     of the enactment of this Act, and
       (2) buildings placed in service after such date to the 
     extent paragraph (1) of section 42(h) of the Internal Revenue 
     Code of 1986 does not apply to any building by reason of 
     paragraph (4) thereof.
                                 ______
                                 
      By Mr. ENSIGN (for himself, Mrs. Boxer, Mr. Smith, Mr. Allen, Mr. 
        Enzi, and Mr. Bayh):
  S. 596. A bill to amend the Internal Revenue Code of 1986 to 
encourage the investment of foreign earnings within the United States 
for productive business investments and job creation; to the Committee 
on Finance.
  Mr. ENSIGN. Mr. President. I rise today with my colleagues Senator 
Boxer, Senator Smith, Senator Allen, Senator Enzi and Senator Bayh to 
introduce The Invest in the U.S.A. Act of 2003 to stimulate job growth 
and investment in the American economy.
  Under current tax law, American companies doing business overseas are 
discouraged from bringing their earnings back home because those 
earnings are subject to up to a 35-percent rate of taxation. 
Specifically, our government imposes taxes on American companies when 
its foreign subsidiary earnings are brought back to the United States, 
to the extent of any shortfall in the tax paid abroad and the 35-
percent U.S. tax rate. Therefore, many businesses do the math and 
conclude that it would be more beneficial to invest 100 percent of 
those earnings abroad than it would be to bring the funds home to be 
reinvested in the American economy.
  Our proposal is a sensible, fiscally responsible way to provide 
immediate investment in the American economy. Specifically, the Invest 
in the U.S.A. Act bill will allow domestic corporations doing business 
abroad to bring their foreign earnings home by imposing a 5.25-percent 
toll tax on dividends in excess of normal distributions for only one 
year. Companies must reinvest these funds in the United States in an 
approved investment plan to take advantage of the lowered rate. 
Finally, domestic shareholders would permanently surrender the right to 
claim foreign tax credits for 85 percent of foreign income taxes 
associated with dividends subject to the 5.25-percent tax, as well as 
exclude 85 percent of income subject to the 5.25-percent tax from the 
calculation of the foreign tax credit limitation ensuring that no 
American company will be taxed less than 5.25 percent.
  Lowering the tax burden on foreign subsidiary income for a limited 
time will open the floodgates for privately held foreign funds to be 
brought back into the American economy to provide immediate economic 
stimulus. According to the Joint Committee on Taxation, the Invest in 
the U.S.A. Act will not only increase receipts to the U.S. Treasury in 
the first year by $4.1 billion but also inject an additional $135 
billion of privately held funds into the U.S. economy that will be an 
immediate stimulus to our economy at a cost of only $3.9 billion over 
10 years--less than 3 percent of the overall gain this legislation will 
have to the American economy.
  These funds can be used to create more jobs for American workers, 
solidify corporate pension and retirement funds, invest in 
manufacturing equipment and research and development, and reduce 
domestic debt loads thereby increasing employee and shareholder 
dividends. American jobs depend on American companies, and this 
proposal will accomplish that objective. 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. 596

       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 ``Invest in the U.S.A. Act of 
     2003''.

     SEC. 2. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION 
                   AMOUNT.

       (a) In General.--Subpart F of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 965. TOLL TAX IMPOSED ON EXCESS QUALIFIED FOREIGN 
                   DISTRIBUTION AMOUNT.

       ``(a) Toll Tax Imposed on Excess Qualified Foreign 
     Distribution Amount.--If a corporation elects the application 
     of this section for any taxable year, a tax shall be imposed 
     for such taxable year in an amount equal to 5.25 percent of--
       ``(1) the taxpayer's excess qualified foreign distribution 
     amount for such taxable year, plus
       ``(2) the amount determined under section 78 which is 
     attributable to such excess qualified foreign distribution 
     amount.
     Such tax shall be imposed in lieu of the tax imposed under 
     section 11 or 55 on the amounts described in paragraphs (1) 
     and (2) for such taxable year.
       ``(b) Excess Qualified Foreign Distribution Amount.--For 
     purposes of this section--
       ``(1) In general.--The term `excess qualified foreign 
     distribution amount' means the excess (if any) of--
       ``(A) dividends received by the taxpayer during the taxable 
     year which are--
       ``(i) from 1 or more corporations which are controlled 
     foreign corporations in which the taxpayer is a United States 
     shareholder on the date such dividends are paid, and
       ``(ii) described in a domestic reinvestment plan approved 
     by the taxpayer's president, chief executive officer, or 
     comparable official before the payment of such dividends and 
     subsequently approved by the taxpayer's board of directors, 
     management committee, executive committee, or similar body, 
     which plan shall provide for the reinvestment of such 
     dividends in the United States, such as for the funding of 
     worker hiring and training; infrastructure; research and 
     development; capital investments; or the financial 
     stabilization of the corporation for the purposes of job 
     retention or creation, over
       ``(B) the base dividend amount.
       ``(2) Base dividend amount.--The term `base dividend 
     amount' means an amount designated under subsection (c)(7), 
     but not less than the average amount of dividends received 
     during the fixed base period from 1 or more corporations 
     which are controlled foreign corporations in which the 
     taxpayer is a United States shareholder on the date such 
     dividends are paid.
       ``(3) Fixed base period.--
       ``(A) In general.--The term `fixed base period' means each 
     of 3 taxable years which are among the 5 most recent taxable 
     years of the taxpayer ending on or before December 31, 2002, 
     determined by disregarding--
       ``(i) the 1 taxable year for which the taxpayer had the 
     highest amount of dividends from 1 or more corporations which 
     are controlled foreign corporations relative to the other 4 
     taxable years, and
       ``(ii) the 1 taxable year for which the taxpayer had the 
     lowest amount of dividends from such corporations relative to 
     the other 4 taxable years.
       ``(B) Shorter period.--If the taxpayer has fewer than 5 
     taxable years ending on or before December 31, 2002, then in 
     lieu of applying subparagraph (A), the fixed base period 
     shall mean such shorter period representing all of the 
     taxable years of the taxpayer ending on or before December 
     31, 2002.
       ``(c) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Dividends.--The term `dividend' means a dividend as 
     defined in section 316, except that the term shall also 
     include amounts described in section 951(a)(1)(B), and shall 
     exclude amounts described in sections 78 and 959.
       ``(2) Controlled foreign corporations and united states 
     shareholders.--The term `controlled foreign corporation' 
     shall have the same meaning as under section 957(a) and the 
     term `United States shareholder' shall have the same meaning 
     as under section 951(b).
       ``(3) Foreign tax credits.--The amount of any income, war, 
     profits, or excess profit taxes paid (or deemed paid under 
     sections 902 and 960) or accrued by the taxpayer with respect 
     to the excess qualified foreign distribution amount for which 
     a credit would be allowable under section 901 in the absence 
     of this section, shall be reduced by 85 percent.
       ``(4) Foreign tax credit limitation.--For all purposes of 
     section 904, there shall be disregarded 85 percent of--
       ``(A) the excess qualified foreign distribution amount,
       ``(B) the amount determined under section 78 which is 
     attributable to such excess qualified foreign distribution 
     amount, and

[[Page S3520]]

       ``(C) the amounts (including assets, gross income, and 
     other relevant bases of apportionment) which are attributable 
     to the excess qualified foreign distribution amount which 
     would, determined without regard to this section, be used to 
     apportion the expenses, losses, and deductions of the 
     taxpayer under section 861 and 864 in determining its taxable 
     income from sources without the United States.

     For purposes of applying subparagraph (C), the principles of 
     section 864(e)(3)(A) shall apply.
       ``(5) Treatment of acquisitions and dispositions.--Rules 
     similar to the rules of section 41(f)(3) shall apply in the 
     case of acquisitions or dispositions of controlled foreign 
     corporations occurring on or after the first day of the 
     earliest taxable year taken into account in determining the 
     fixed base period.
       ``(6) Treatment of consolidated groups.--Members of an 
     affiliated group of corporations filing a consolidated return 
     under section 1501 shall be treated as a single taxpayer in 
     applying the rules of this section.
       ``(7) Designation of dividends.--Subject to subsection 
     (b)(2), the taxpayer shall designate the particular dividends 
     received during the taxable year from 1 or more corporations 
     which are controlled foreign corporations in which it is a 
     United States shareholder which are dividends excluded from 
     the excess qualified foreign distribution amount. The total 
     amount of such designated dividends shall equal the base 
     dividend amount.
       ``(8) Treatment of expenses, losses, and deductions.--Any 
     expenses, losses, or deductions of the taxpayer allowable 
     under subchapter B--
       ``(A) shall not be applied to reduce the amounts described 
     in subsection (a)(1), and
       ``(B) shall be applied to reduce other income of the 
     taxpayer (determined without regard to the amounts described 
     in subsection (a)(1)).
       ``(d) Election.--
       ``(1) In general.--An election under this section shall be 
     made on the timely filed income tax return for the taxpayer's 
     first taxable year (determined by taking extensions into 
     account) ending 120 days or more after the date of the 
     enactment of this section, and, once made, may be revoked 
     only with the consent of the Secretary.
       ``(2) All controlled foreign corporations.--The election 
     shall apply to all corporations which are controlled foreign 
     corporations in which the taxpayer is a United States 
     shareholder during the taxable year.
       ``(3) Consolidated groups.--If a taxpayer is a member of an 
     affiliated group of corporations filing a consolidated return 
     under section 1501 for the taxable year, an election under 
     this section shall be made by the common parent of the 
     affiliated group which includes the taxpayer, and shall apply 
     to all members of the affiliated group.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary and appropriate to carry out 
     the purposes of this section, including regulations under 
     section 55 and regulations addressing corporations which, 
     during the fixed base period or thereafter, join or leave an 
     affiliated group of corporations filing a consolidated 
     return.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart F of part III of subchapter N of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new item:

``Sec. 965. Toll tax imposed on excess qualified foreign distribution 
              amount.''.

       (c) Effective Date.--The amendment made by this section 
     shall apply only to the first taxable year of the electing 
     taxpayer ending 120 days or more after the date of the 
     enactment of this Act.

  Mrs. BOXER. Today, Senator Ensign and I are introducing the Invest in 
the U.S.A. Act of 2003 along with Senators Smith, Allen, Enzi, and 
Bayh. This economic stimulus legislation would create a one-year 
incentive for corporations to bring the profits they have made overseas 
back to the United States and invest them in creating jobs.
  The act lowers the effective corporate tax rate on the foreign 
earnings of American companies from 35 percent to 5.25 percent for one 
year. By lowering that rate for one year, we will encourage companies 
to bring an estimated $135 billion from abroad back home to invest in 
the United States. Getting this capital into the domestic economy is 
particularly necessary in light of the difficulties firms are having 
raising money in this tough economy. By making this capital available 
for domestic investment, we will minimize the spending cuts that 
companies have been announcing for the coming year.
  The Invest in the U.S.A. Act would constitute a true economic 
stimulus by encouraging investment and job creation right away in such 
activities as worker hiring and training, research and development, and 
new plants.
  Our proposal is also fiscally responsible, unlike other proposals 
that fail to give the economy the shot in the arm it needs. It will 
result in job creation rather than deficit creation by enabling a 
tremendous amount of investment in our economy in the short term with 
only a small cost in the long term. For Government, the funds brought 
back to the United States will generate $4.1 billion in revenues in the 
first year and is expected to cost $3.9 billion over 10 years.
  I want to thank Senator Ensign for his active, engaged leadership on 
this legislation. I particularly appreciate Senator Ensign's focus on 
ensuring that these funds will be targeted at creating jobs and 
stimulating our economy right away.
  Mr. President, we will work hard to ensure that the provisions in 
this act are included in any economic growth package that the Senate 
considers because our workers need the opportunities it would create 
and our economy needs the capital it would generate.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Baucus, Mr. Domenici, and Mr. 
        Bingaman):
  S. 597. A bill to amend the Internal Revenue Code of 1986 to provide 
energy tax incentives; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I am pleased that today we offer a 
bipartisan energy tax incentives package for the 108th Congress. I have 
been joined in this introduction by not only Ranking Member of the 
Finance Committee, Senator Baucus, but also the Chairman and the 
Ranking Member of the Energy and Natural Resources Committee, Senators 
Domenici and Bingaman as original sponsors of the Energy Tax Incentives 
Act of 2003, which we are introducing today.
  This bill is substantially similar to the Energy Tax Incentives Bill 
which won overwhelming support on the floor of the Senate last April. 
It continues to represent a balanced package of alternative energy, 
traditional energy production and energy efficiency incentives. As we 
move forward towards a Mark-up of an energy tax bill by the Finance 
Committee, this bill represents a starting point. We hope over the next 
few weeks to be able to incorporate some of the new and improved 
versions of some of the provisions that we developed over the many 
months of conference during the last Congress.
  I remain committed to diverse sources of energy and electricity, to 
include the production of electricity for wind and agricultural waste 
nutrients. In addition this bill reflects my continued interest in 
biodiesel and provisions to support small ethanol producers. I look 
forward to working with the Sponsors to craft a responsive bipartisan 
energy tax package.
  Mr. President, 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. 597

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

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Energy Tax 
     Incentives Act of 2003''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this division an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

TITLE I--EXTENSION AND MODIFICATION OF RENEWABLE ELECTRICITY PRODUCTION 
                               TAX CREDIT

Sec. 101. Three-year extension of credit for producing electricity from 
              wind and poultry waste.
Sec. 102. Credit for electricity produced from biomass.
Sec. 103. Credit for electricity produced from swine and bovine waste 
              nutrients, geothermal energy, and solar energy.
Sec. 104. Treatment of persons not able to use entire credit.
Sec. 105. Credit for electricity produced from small irrigation power.
Sec. 106. Credit for electricity produced from municipal biosolids and 
              recycled sludge.

       TITLE II--ALTERNATIVE MOTOR VEHICLES AND FUELS INCENTIVES

Sec. 201. Alternative motor vehicle credit.
Sec. 202. Modification of credit for qualified electric vehicles.
Sec. 203. Credit for installation of alternative fueling stations.

[[Page S3521]]

Sec. 204. Credit for retail sale of alternative fuels as motor vehicle 
              fuel.
Sec. 205. Small ethanol producer credit.
Sec. 206. All alcohol fuels taxes transferred to Highway Trust Fund.
Sec. 207. Increased flexibility in alcohol fuels tax credit.
Sec. 208. Incentives for biodiesel.
Sec. 209. Credit for taxpayers owning commercial power takeoff 
              vehicles.

        TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS

Sec. 301. Credit for construction of new energy efficient home.
Sec. 302. Credit for energy efficient appliances.
Sec. 303. Credit for residential energy efficient property.
Sec. 304. Credit for business installation of qualified fuel cells and 
              stationary microturbine power plants.
Sec. 305. Energy efficient commercial buildings deduction.
Sec. 306. Allowance of deduction for qualified new or retrofitted 
              energy management devices.
Sec. 307. Three-year applicable recovery period for depreciation of 
              qualified energy management devices.
Sec. 308. Energy credit for combined heat and power system property.
Sec. 309. Credit for energy efficiency improvements to existing homes.
Sec. 310. Allowance of deduction for qualified new or retrofitted water 
              submetering devices.
Sec. 311. Three-year applicable recovery period for depreciation of 
              qualified water submetering devices.

                    TITLE IV--CLEAN COAL INCENTIVES

Subtitle A--Credit for Emission Reductions and Efficiency Improvements 
        in Existing Coal-Based Electricity Generation Facilities

Sec. 401. Credit for production from a qualifying clean coal technology 
              unit.

 Subtitle B--Incentives for Early Commercial Applications of Advanced 
                        Clean Coal Technologies

Sec. 411. Credit for investment in qualifying advanced clean coal 
              technology.
Sec. 412. Credit for production from a qualifying advanced clean coal 
              technology unit.

     Subtitle C--Treatment of Persons Not Able To Use Entire Credit

Sec. 421. Treatment of persons not able to use entire credit.

                    TITLE V--OIL AND GAS PROVISIONS

Sec. 501. Oil and gas from marginal wells.
Sec. 502. Natural gas gathering lines treated as 7-year property.
Sec. 503. Expensing of capital costs incurred in complying with 
              Environmental Protection Agency sulfur regulations.
Sec. 504. Environmental tax credit.
Sec. 505. Determination of small refiner exception to oil depletion 
              deduction.
Sec. 506. Marginal production income limit extension.
Sec. 507. Amortization of geological and geophysical expenditures.
Sec. 508. Amortization of delay rental payments.
Sec. 509. Study of coal bed methane.
Sec. 510. Extension and modification of credit for producing fuel from 
              a nonconventional source.
Sec. 511. Natural gas distribution lines treated as 15-year property.

          TITLE VI--ELECTRIC UTILITY RESTRUCTURING PROVISIONS

Sec. 601. Ongoing study and reports regarding tax issues resulting from 
              future restructuring decisions.
Sec. 602. Modifications to special rules for nuclear decommissioning 
              costs.
Sec. 603. Treatment of certain income of cooperatives.
Sec. 604. Sales or dispositions to implement Federal Energy Regulatory 
              Commission or State electric restructuring policy.
Sec. 605. Treatment of certain development income of cooperatives.

                    TITLE VII--ADDITIONAL PROVISIONS

Sec. 701. Extension of accelerated depreciation and wage credit 
              benefits on Indian reservations.
Sec. 702. Study of effectiveness of certain provisions by GAO.
Sec. 703. Credit for production of Alaska natural gas.
Sec. 704. Sale of gasoline and diesel fuel at duty-free sales 
              enterprises.
Sec. 705. Clarification of excise tax exemptions for agricultural 
              aerial applicators.
Sec. 706. Modification of rural airport definition.
Sec. 707. Exemption from ticket taxes for transportation provided by 
              seaplanes.

TITLE I--EXTENSION AND MODIFICATION OF RENEWABLE ELECTRICITY PRODUCTION 
                               TAX CREDIT

     SEC. 101. THREE-YEAR EXTENSION OF CREDIT FOR PRODUCING 
                   ELECTRICITY FROM WIND AND POULTRY WASTE.

       (a) In General.--Subparagraphs (A) and (C) of section 
     45(c)(3) (relating to qualified facility), as amended by 
     section 603(a) of the Job Creation and Worker Assistance Act 
     of 2002, are each amended by striking ``January 1, 2004'' and 
     inserting ``January 1, 2007''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 102. CREDIT FOR ELECTRICITY PRODUCED FROM BIOMASS.

       (a) Extension and Modification of Placed-In-Service 
     Rules.--Paragraph (3) of section 45(c) is amended--
       (1) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Closed-loop biomass facility.--
       ``(i) In general.--In the case of a facility using closed-
     loop biomass to produce electricity, the term `qualified 
     facility' means any facility--

       ``(I) owned by the taxpayer which is originally placed in 
     service after December 31, 1992, and before January 1, 2007, 
     or
       ``(II) owned by the taxpayer which is originally placed in 
     service before January 1, 1993, and modified to use closed-
     loop biomass to co-fire with coal or other biomass before 
     January 1, 2007, as approved under the Biomass Power for 
     Rural Development Programs or under a pilot project of the 
     Commodity Credit Corporation as described in 65 Fed. Reg. 
     63052.

       ``(ii) Special rules.--In the case of a qualified facility 
     described in clause (i)(II)--

       ``(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 subclause, and
       ``(II) if the owner of such facility is not the producer of 
     the electricity, the person eligible for the credit allowable 
     under subsection (a) is the lessee or the operator of such 
     facility.'', and

       (2) by adding at the end the following new subparagraph:
       ``(D) Biomass facility.--
       ``(i) In general.--In the case of a facility using biomass 
     (other than closed-loop biomass) to produce electricity, the 
     term `qualified facility' means any facility owned by the 
     taxpayer which is originally placed in service before January 
     1, 2005.
       ``(ii) Special rule for posteffective date facilities.--In 
     the case of any facility described in clause (i) which is 
     placed in service after the date of the enactment of this 
     clause, the 3-year period beginning on the date the facility 
     is originally placed in service shall be substituted for the 
     10-year period in subsection (a)(2)(A)(ii).
       ``(iii) Special rules for preeffective date facilities.--In 
     the case of any facility described in clause (i) which is 
     placed in service before the date of the enactment of this 
     clause--

       ``(I) subsection (a)(1) shall be applied by substituting 
     `1.0 cents' for `1.5 cents', and
       ``(II) the 3-year period beginning after the date of the 
     enactment of this subparagraph, shall be substituted for the 
     10-year period in subsection (a)(2)(A)(ii).

       ``(iv) Credit eligibility.--In the case of any facility 
     described in clause (i), if the owner of such facility is not 
     the producer of the electricity, the person eligible for the 
     credit allowable under subsection (a) is the lessee or the 
     operator of such facility.''.
       (b) Definition of Biomass.--
       (1) In general.--Section 45(c)(1) (defining qualified 
     energy resources) is amended--
       (A) by striking ``and'' at the end of subparagraph (B),
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``, and'', and
       (C) by adding at the end the following new subparagraph:
       ``(D) biomass (other than closed-loop biomass).''.
       (2) Biomass defined.--Section 45(c) (relating to 
     definitions) is amended by adding at the end the following 
     new paragraph:
       ``(5) Biomass.--The term `biomass' means any solid, 
     nonhazardous, cellulosic waste material which is segregated 
     from other waste materials and which is derived from--
       ``(A) any of the following forest-related resources: mill 
     residues, precommercial thinnings, slash, and brush, but not 
     including old-growth timber (other than old-growth timber 
     which has been permitted or contracted for removal by any 
     appropriate Federal authority through the National 
     Environmental Policy Act or by any appropriate State 
     authority),
       ``(B) solid wood waste materials, including waste pallets, 
     crates, dunnage, manufacturing and construction wood wastes 
     (other than pressure-treated, chemically-treated, or painted 
     wood wastes), and landscape or right-of-way tree trimmings, 
     but not including municipal solid waste (garbage), gas 
     derived from the biodegradation of solid waste, or paper that 
     is commonly recycled, or
       ``(C) agriculture sources, including orchard tree crops, 
     vineyard, grain, legumes, sugar, and other crop by-products 
     or residues.''.
       (c) Coordination With Section 29.--Section 45(c) (relating 
     to definitions) is amended by adding at the end the following 
     new paragraph:
       ``(6) Coordination with section 29.--The term `qualified 
     facility' shall not include any facility the production from 
     which is taken into account in determining any credit under 
     section 29 for the taxable year or any prior taxable year.''.
       (d) Clerical Amendments.--
       (1) The heading for subsection (c) of section 45 is amended 
     by inserting ``and Special Rules'' after ``Definitions''.
       (2) The heading for subsection (d) of section 45 is amended 
     by inserting ``Additional'' before ``Definitions''.

[[Page S3522]]

       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to electricity 
     sold after the date of the enactment of this Act, in taxable 
     years ending after such date.
       (2) Certain biomass facilities.--With respect to any 
     facility described in section 45(c)(3)(D)(i) of the Internal 
     Revenue Code of 1986, as added by this section, which is 
     placed in service before the date of the enactment of this 
     Act, the amendments made by this section shall apply to 
     electricity sold after the date of the enactment of this Act, 
     in taxable years ending after such date.

     SEC. 103. CREDIT FOR ELECTRICITY PRODUCED FROM SWINE AND 
                   BOVINE WASTE NUTRIENTS, GEOTHERMAL ENERGY, AND 
                   SOLAR ENERGY.

       (a) Expansion of Qualified Energy Resources.--
       (1) In general.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended by 
     striking ``and'' at the end of subparagraph (C), by striking 
     the period at the end of subparagraph (D) and inserting a 
     comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) swine and bovine waste nutrients,
       ``(F) geothermal energy, and
       ``(G) solar energy.''.
       (2) Definitions.--Section 45(c) (relating to definitions 
     and special rules), as amended by this Act, is amended by 
     redesignating paragraph (6) as paragraph (8) and by inserting 
     after paragraph (5) the following new paragraphs:
       ``(6) Swine and bovine waste nutrients.--The term `swine 
     and bovine waste nutrients' means swine and bovine manure and 
     litter, including bedding material for the disposition of 
     manure.
       ``(7) Geothermal energy.--The term `geothermal energy' 
     means energy derived from a geothermal deposit (within the 
     meaning of section 613(e)(2)).''.
       (b) Extension and Modification of Placed-In-Service 
     Rules.--Section 45(c)(3) (relating to qualified facility), as 
     amended by this Act, is amended by adding at the end the 
     following new subparagraphs:
       ``(E) Swine and bovine waste nutrients facility.--In the 
     case of a facility using swine and bovine waste nutrients to 
     produce electricity, the term `qualified facility' means any 
     facility owned by the taxpayer which is originally placed in 
     service after the date of the enactment of this subparagraph 
     and before January 1, 2007.
       ``(F) Geothermal or solar energy facility.--
       ``(i) In general.--In the case of a facility using 
     geothermal or solar energy to produce electricity, the term 
     `qualified facility' means any facility owned by the taxpayer 
     which is originally placed in service after the date of the 
     enactment of this clause and before January 1, 2007.
       ``(ii) Special rule.--In the case of any facility described 
     in clause (i), the 5-year period beginning on the date the 
     facility was originally placed in service shall be 
     substituted for the 10-year period in subsection 
     (a)(2)(A)(ii).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 104. TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT.

       (a) In General.--Section 45(d) (relating to additional 
     definitions and special rules), as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(8) Treatment of persons not able to use entire credit.--
       ``(A) Allowance of credit.--
       ``(i) In general.--Except as otherwise provided in this 
     subsection--

       ``(I) any credit allowable under subsection (a) with 
     respect to a qualified facility owned by a person described 
     in clause (ii) may be transferred or used as provided in this 
     paragraph, and
       ``(II) the determination as to whether the credit is 
     allowable shall be made without regard to the tax-exempt 
     status of the person.

       ``(ii) Persons described.--A person is described in this 
     clause if the person is--

       ``(I) an organization described in section 501(c)(12)(C) 
     and exempt from tax under section 501(a),
       ``(II) an organization described in section 1381(a)(2)(C),
       ``(III) a public utility (as defined in section 
     136(c)(2)(B)), which is exempt from income tax under this 
     subtitle,
       ``(IV) any State or political subdivision thereof, the 
     District of Columbia, any possession of the United States, or 
     any agency or instrumentality of any of the foregoing, or
       ``(V) any Indian tribal government (within the meaning of 
     section 7871) or any agency or instrumentality thereof.

       ``(B) Transfer of credit.--
       ``(i) In general.--A person described in subparagraph 
     (A)(ii) may transfer any credit to which subparagraph (A)(i) 
     applies through an assignment to any other person not 
     described in subparagraph (A)(ii). Such transfer may be 
     revoked only with the consent of the Secretary.
       ``(ii) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit described 
     in clause (i) is claimed once and not reassigned by such 
     other person.
       ``(iii) Transfer proceeds treated as arising from essential 
     government function.--Any proceeds derived by a person 
     described in subclause (III), (IV), or (V) of subparagraph 
     (A)(ii) from the transfer of any credit under clause (i) 
     shall be treated as arising from the exercise of an essential 
     government function.
       ``(C) Use of credit as an offset.--Notwithstanding any 
     other provision of law, in the case of a person described in 
     subclause (I), (II), or (V) of subparagraph (A)(ii), any 
     credit to which subparagraph (A)(i) applies may be applied by 
     such person, to the extent provided by the Secretary of 
     Agriculture, as a prepayment of any loan, debt, or other 
     obligation the entity has incurred under subchapter I of 
     chapter 31 of title 7 of the Rural Electrification Act of 
     1936 (7 U.S.C. 901 et seq.), as in effect on the date of the 
     enactment of the Energy Tax Incentives Act of 2003.
       ``(D) Credit not income.--Any transfer under subparagraph 
     (B) or use under subparagraph (C) of any credit to which 
     subparagraph (A)(i) applies shall not be treated as income 
     for purposes of section 501(c)(12).
       ``(E) Treatment of unrelated persons.--For purposes of 
     subsection (a)(2)(B), sales among and between persons 
     described in subparagraph (A)(ii) shall be treated as sales 
     between unrelated parties.''.
       (b) Credits Not Reduced by Tax-Exempt Bonds or Certain 
     Other Subsidies.--Section 45(b)(3) (relating to credit 
     reduced for grants, tax-exempt bonds, subsidized energy 
     financing, and other credits) is amended--
       (1) by striking clause (ii),
       (2) by redesignating clauses (iii) and (iv) as clauses (ii) 
     and (iii),
       (3) by inserting ``(other than any loan, debt, or other 
     obligation incurred under subchapter I of chapter 31 of title 
     7 of the Rural Electrification Act of 1936 (7 U.S.C. 901 et 
     seq.), as in effect on the date of the enactment of the 
     Energy Tax Incentives Act of 2003)'' after ``project'' in 
     clause (ii) (as so redesignated),
       (4) by adding at the end the following new sentence: ``This 
     paragraph shall not apply with respect to any facility 
     described in subsection (c)(3)(B)(i)(II).'', and
       (5) by striking ``tax-exempt bonds,'' in the heading and 
     inserting ``certain''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 105. CREDIT FOR ELECTRICITY PRODUCED FROM SMALL 
                   IRRIGATION POWER.

       (a) In General.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended by 
     striking ``and'' at the end of subparagraph (F), by striking 
     the period at the end of subparagraph (G) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(H) small irrigation power.''.
       (b) Qualified Facility.--Section 45(c)(3) (relating to 
     qualified facility), as amended by this Act, is amended by 
     adding at the end the following new subparagraph:
       ``(G) Small irrigation power facility.--In the case of a 
     facility using small irrigation power to produce electricity, 
     the term `qualified facility' means any facility owned by the 
     taxpayer which is originally placed in service after date of 
     the enactment of this subparagraph and before January 1, 
     2007.''.
       (c) Definition.--Section 45(c), as amended by this Act, is 
     amended by redesignating paragraph (8) as paragraph (9) and 
     by inserting after paragraph (7) the following new paragraph:
       ``(8) Small irrigation power.--The term `small irrigation 
     power' means power--
       ``(A) generated without any dam or impoundment of water 
     through an irrigation system canal or ditch, and
       ``(B) the installed capacity of which is less than 5 
     megawatts.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 106. CREDIT FOR ELECTRICITY PRODUCED FROM MUNICIPAL 
                   BIOSOLIDS AND RECYCLED SLUDGE.

       (a) In General.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended by 
     striking ``and'' at the end of subparagraph (G), by striking 
     the period at the end of subparagraph (H), and by adding at 
     the end the following new subparagraphs:
       ``(I) municipal biosolids, and
       ``(J) recycled sludge.''.
       (b) Qualified Facilities.--Section 45(c)(3) (relating to 
     qualified facility), as amended by this Act, is amended by 
     adding at the end the following new subparagraphs:
       ``(H) Municipal biosolids facility.--In the case of a 
     facility using municipal biosolids to produce electricity, 
     the term `qualified facility' means any facility owned by the 
     taxpayer which is originally placed in service after the date 
     of the enactment of this subparagraph and before January 1, 
     2007.
       ``(I) Recycled sludge facility.--
       ``(i) In general.--In the case of a facility using recycled 
     sludge to produce electricity, the term `qualified facility' 
     means any facility owned by the taxpayer which is originally 
     placed in service before January 1, 2007.
       ``(ii) Special rule.--In the case of a qualified facility 
     described in clause (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.''.
       (c) Definitions.--Section 45(c), as amended by this Act, is 
     amended by redesignating

[[Page S3523]]

     paragraph (9) as paragraph (11) and by inserting after 
     paragraph (8) the following new paragraphs:
       ``(9) Municipal biosolids.--The term `municipal biosolids' 
     means the residue or solids removed by a municipal wastewater 
     treatment facility.
       ``(10) Recycled sludge.--
       ``(A) In general.--The term `recycled sludge' means the 
     recycled residue byproduct created in the treatment of 
     commercial, industrial, municipal, or navigational 
     wastewater.
       ``(B) Recycled.--The term `recycled' means the processing 
     of residue into a marketable product, but does not include 
     incineration for the purpose of volume reduction.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

       TITLE II--ALTERNATIVE MOTOR VEHICLES AND FUELS INCENTIVES

     SEC. 201. ALTERNATIVE MOTOR VEHICLE CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to foreign tax credit, etc.) is amended 
     by adding at the end the following new section:

     ``SEC. 30B. ALTERNATIVE MOTOR VEHICLE CREDIT.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of--
       ``(1) the new qualified fuel cell motor vehicle credit 
     determined under subsection (b),
       ``(2) the new qualified hybrid motor vehicle credit 
     determined under subsection (c), and
       ``(3) the new qualified alternative fuel motor vehicle 
     credit determined under subsection (d).
       ``(b) New Qualified Fuel Cell Motor Vehicle Credit.--
       ``(1) In general.--For purposes of subsection (a), the new 
     qualified fuel cell motor vehicle credit determined under 
     this subsection with respect to a new qualified fuel cell 
     motor vehicle placed in service by the taxpayer during the 
     taxable year is--
       ``(A) $4,000, if such vehicle has a gross vehicle weight 
     rating of not more than 8,500 pounds,
       ``(B) $10,000, if such vehicle has a gross vehicle weight 
     rating of more than 8,500 pounds but not more than 14,000 
     pounds,
       ``(C) $20,000, if such vehicle has a gross vehicle weight 
     rating of more than 14,000 pounds but not more than 26,000 
     pounds, and
       ``(D) $40,000, if such vehicle has a gross vehicle weight 
     rating of more than 26,000 pounds.
       ``(2) Increase for fuel efficiency.--
       ``(A) In general.--The amount determined under paragraph 
     (1)(A) with respect to a new qualified fuel cell motor 
     vehicle which is a passenger automobile or light truck shall 
     be increased by--
       ``(i) $1,000, if such vehicle achieves at least 150 percent 
     but less than 175 percent of the 2002 model year city fuel 
     economy,
       ``(ii) $1,500, if such vehicle achieves at least 175 
     percent but less than 200 percent of the 2002 model year city 
     fuel economy,
       ``(iii) $2,000, if such vehicle achieves at least 200 
     percent but less than 225 percent of the 2002 model year city 
     fuel economy,
       ``(iv) $2,500, if such vehicle achieves at least 225 
     percent but less than 250 percent of the 2002 model year city 
     fuel economy,
       ``(v) $3,000, if such vehicle achieves at least 250 percent 
     but less than 275 percent of the 2002 model year city fuel 
     economy,
       ``(vi) $3,500, if such vehicle achieves at least 275 
     percent but less than 300 percent of the 2002 model year city 
     fuel economy, and
       ``(vii) $4,000, if such vehicle achieves at least 300 
     percent of the 2002 model year city fuel economy.
       ``(B) 2002 model year city fuel economy.--For purposes of 
     subparagraph (A), the 2002 model year city fuel economy with 
     respect to a vehicle shall be determined in accordance with 
     the following tables:
       ``(i) In the case of a passenger automobile:
                                               The 0000 model year city
``If vehicle inertia weight class is:                  fuel economy is:
  1,500 or 1,750 lbs......................................45.2 mpg ....

  2,000 lbs...............................................39.6 mpg ....

  2,250 lbs...............................................35.2 mpg ....

  2,500 lbs...............................................31.7 mpg ....

  2,750 lbs...............................................28.8 mpg ....

  3,000 lbs...............................................26.4 mpg ....

  3,500 lbs...............................................22.6 mpg ....

  4,000 lbs...............................................19.8 mpg ....

  4,500 lbs...............................................17.6 mpg ....

  5,000 lbs...............................................15.9 mpg ....

  5,500 lbs...............................................14.4 mpg ....

  6,000 lbs...............................................13.2 mpg ....

  6,500 lbs...............................................12.2 mpg ....

  7,000 to 8,500 lbs......................................11.3 mpg.....

       ``(ii) In the case of a light truck:

                                               The 0000 model year city
``If vehicle inertia weight class is:                  fuel economy is:
  1,500 or 1,750 lbs......................................39.4 mpg ....

  2,000 lbs...............................................35.2 mpg ....

  2,250 lbs...............................................31.8 mpg ....

  2,500 lbs...............................................29.0 mpg ....

  2,750 lbs...............................................26.8 mpg ....

  3,000 lbs...............................................24.9 mpg ....

  3,500 lbs...............................................21.8 mpg ....

  4,000 lbs...............................................19.4 mpg ....

  4,500 lbs...............................................17.6 mpg ....

  5,000 lbs...............................................16.1 mpg ....

  5,500 lbs...............................................14.8 mpg ....

  6,000 lbs...............................................13.7 mpg ....

  6,500 lbs...............................................12.8 mpg ....

  7,000 to 8,500 lbs......................................12.1 mpg.....

       ``(C) Vehicle inertia weight class.--For purposes of 
     subparagraph (B), the term `vehicle inertia weight class' has 
     the same meaning as when defined in regulations prescribed by 
     the Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(3) New qualified fuel cell motor vehicle.--For purposes 
     of this subsection, the term `new qualified fuel cell motor 
     vehicle' means a motor vehicle--
       ``(A) which is propelled by power derived from one or more 
     cells which convert chemical energy directly into electricity 
     by combining oxygen with hydrogen fuel which is stored on 
     board the vehicle in any form and may or may not require 
     reformation prior to use,
       ``(B) which, in the case of a passenger automobile or light 
     truck--
       ``(i) for 2002 and later model vehicles, has received a 
     certificate of conformity under the Clean Air Act and meets 
     or exceeds the equivalent qualifying California low emission 
     vehicle standard under section 243(e)(2) of the Clean Air Act 
     for that make and model year, and
       ``(ii) for 2004 and later model vehicles, has received a 
     certificate that such vehicle meets or exceeds the Bin 5 Tier 
     II emission level established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle,
       ``(C) the original use of which commences with the 
     taxpayer,
       ``(D) which is acquired for use or lease by the taxpayer 
     and not for resale, and
       ``(E) which is made by a manufacturer.
       ``(c) New Qualified Hybrid Motor Vehicle Credit.--
       ``(1) In general.--For purposes of subsection (a), the new 
     qualified hybrid motor vehicle credit determined under this 
     subsection with respect to a new qualified hybrid motor 
     vehicle placed in service by the taxpayer during the taxable 
     year is the credit amount determined under paragraph (2).
       ``(2) Credit amount.--
       ``(A) In general.--The credit amount determined under this 
     paragraph shall be determined in accordance with the 
     following tables:
       ``(i) In the case of a new qualified hybrid motor vehicle 
     which is a passenger automobile or light truck and which 
     provides the following percentage of the maximum available 
     power:

``If percentage of the maximum
  available power is:                             The credit amount is:
  At least 4 percent but less than 10 percent.................$250 ....

  At least 10 percent but less than 20 percent................$500 ....

  At least 20 percent but less than 30 percent................$750 ....

  At least 30 percent.......................................$1,000.....

       ``(ii) In the case of a new qualified hybrid motor vehicle 
     which is a heavy duty hybrid motor vehicle and which provides 
     the following percentage of the maximum available power:

       ``(I) If such vehicle has a gross vehicle weight rating of 
     not more than 14,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
  At least 20 percent but less than 30 percent..............$1,000 ....

  At least 30 percent but less than 40 percent..............$1,750 ....

  At least 40 percent but less than 50 percent..............$2,000 ....

  At least 50 percent but less than 60 percent..............$2,250 ....

  At least 60 percent.......................................$2,500.....

       ``(II) If such vehicle has a gross vehicle weight rating of 
     more than 14,000 but not more than 26,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
  At least 20 percent but less than 30 percent..............$4,000 ....

  At least 30 percent but less than 40 percent..............$4,500 ....

  At least 40 percent but less than 50 percent..............$5,000 ....

[[Page S3524]]

  At least 50 percent but less than 60 percent..............$5,500 ....

  At least 60 percent.......................................$6,000.....

       ``(III) If such vehicle has a gross vehicle weight rating 
     of more than 26,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
  At least 20 percent but less than 30 percent..............$6,000 ....

  At least 30 percent but less than 40 percent..............$7,000 ....

  At least 40 percent but less than 50 percent..............$8,000 ....

  At least 50 percent but less than 60 percent..............$9,000 ....

  At least 60 percent......................................$10,000.....

       ``(B) Increase for fuel efficiency.--
       ``(i) Amount.--The amount determined under subparagraph 
     (A)(i) with respect to a new qualified hybrid motor vehicle 
     which is a passenger automobile or light truck shall be 
     increased by--

       ``(I) $500, if such vehicle achieves at least 125 percent 
     but less than 150 percent of the 2002 model year city fuel 
     economy,
       ``(II) $1,000, if such vehicle achieves at least 150 
     percent but less than 175 percent of the 2002 model year city 
     fuel economy,
       ``(III) $1,500, if such vehicle achieves at least 175 
     percent but less than 200 percent of the 2002 model year city 
     fuel economy,
       ``(IV) $2,000, if such vehicle achieves at least 200 
     percent but less than 225 percent of the 2002 model year city 
     fuel economy,
       ``(V) $2,500, if such vehicle achieves at least 225 percent 
     but less than 250 percent of the 2002 model year city fuel 
     economy, and
       ``(VI) $3,000, if such vehicle achieves at least 250 
     percent of the 2002 model year city fuel economy.

       ``(ii) 2002 model year city fuel economy.--For purposes of 
     clause (i), the 2002 model year city fuel economy with 
     respect to a vehicle shall be determined using the tables 
     provided in subsection (b)(2)(B) with respect to such 
     vehicle.
       ``(C) Increase for accelerated emissions performance.--The 
     amount determined under subparagraph (A)(ii) with respect to 
     an applicable heavy duty hybrid motor vehicle shall be 
     increased by the increased credit amount determined in 
     accordance with the following tables:
       ``(i) In the case of a vehicle which has a gross vehicle 
     weight rating of not more than 14,000 pounds:

The increased credit amount is:
  2003......................................................$3,000 ....

  2004......................................................$2,500 ....

  2005......................................................$2,000 ....

  2006......................................................$1,500.....

       ``(ii) In the case of a vehicle which has a gross vehicle 
     weight rating of more than 14,000 pounds but not more than 
     26,000 pounds:

The increased credit amount is:
  2003......................................................$7,750 ....

  2004......................................................$6,500 ....

  2005......................................................$5,250 ....

  2006......................................................$4,000.....

       ``(iii) In the case of a vehicle which has a gross vehicle 
     weight rating of more than 26,000 pounds:

The increased credit amount is:
  2003.....................................................$12,000 ....

  2004.....................................................$10,000 ....

  2005......................................................$8,000 ....

  2006......................................................$6,000.....

       ``(D) Definitions.--
       ``(i) Applicable heavy duty hybrid motor vehicle.--For 
     purposes of subparagraph (C), the term `applicable heavy duty 
     hybrid motor vehicle' means a heavy duty hybrid motor vehicle 
     which is powered by an internal combustion or heat engine 
     which is certified as meeting the emission standards set in 
     the regulations prescribed by the Administrator of the 
     Environmental Protection Agency for 2007 and later model year 
     diesel heavy duty engines, or for 2008 and later model year 
     ottocycle heavy duty engines, as applicable.
       ``(ii) Heavy duty hybrid motor vehicle.--For purposes of 
     this paragraph, the term `heavy duty hybrid motor vehicle' 
     means a new qualified hybrid motor vehicle which has a gross 
     vehicle weight rating of more than 10,000 pounds and draws 
     propulsion energy from both of the following onboard sources 
     of stored energy:

       ``(I) An internal combustion or heat engine using 
     consumable fuel which, for 2002 and later model vehicles, has 
     received a certificate of conformity under the Clean Air Act 
     and meets or exceeds a level of not greater than 3.0 grams 
     per brake horsepower-hour of oxides of nitrogen and 0.01 per 
     brake horsepower-hour of particulate matter.
       ``(II) A rechargeable energy storage system.

       ``(iii) Maximum available power.--

       ``(I) Passenger automobile or light truck.--For purposes of 
     subparagraph (A)(i), the term `maximum available power' means 
     the maximum power available from the rechargeable energy 
     storage system, during a standard 10 second pulse power or 
     equivalent test, divided by such maximum power and the SAE 
     net power of the heat engine.
       ``(II) Heavy duty hybrid motor vehicle.--For purposes of 
     subparagraph (A)(ii), the term `maximum available power' 
     means the maximum power available from the rechargeable 
     energy storage system, during a standard 10 second pulse 
     power or equivalent test, divided by the vehicle's total 
     traction power. The term `total traction power' means the sum 
     of the peak power from the rechargeable energy storage system 
     and the heat engine peak power of the vehicle, except that if 
     such storage system is the sole means by which the vehicle 
     can be driven, the total traction power is the peak power of 
     such storage system.

       ``(3) New qualified hybrid motor vehicle.--For purposes of 
     this subsection, the term `new qualified hybrid motor 
     vehicle' means a motor vehicle--
       ``(A) which draws propulsion energy from onboard sources of 
     stored energy which are both--
       ``(i) an internal combustion or heat engine using 
     combustible fuel, and
       ``(ii) a rechargeable energy storage system,
       ``(B) which, in the case of a passenger automobile or light 
     truck--
       ``(i) for 2002 and later model vehicles, has received a 
     certificate of conformity under the Clean Air Act and meets 
     or exceeds the equivalent qualifying California low emission 
     vehicle standard under section 243(e)(2) of the Clean Air Act 
     for that make and model year, and
       ``(ii) for 2004 and later model vehicles, has received a 
     certificate that such vehicle meets or exceeds the Bin 5 Tier 
     II emission level established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle,
       ``(C) the original use of which commences with the 
     taxpayer,
       ``(D) which is acquired for use or lease by the taxpayer 
     and not for resale, and
       ``(E) which is made by a manufacturer.
       ``(d) New Qualified Alternative Fuel Motor Vehicle 
     Credit.--
       ``(1) Allowance of credit.--Except as provided in paragraph 
     (5), the new qualified alternative fuel motor vehicle credit 
     determined under this subsection is an amount equal to the 
     applicable percentage of the incremental cost of any new 
     qualified alternative fuel motor vehicle placed in service by 
     the taxpayer during the taxable year.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage with respect to any new 
     qualified alternative fuel motor vehicle is--
       ``(A) 40 percent, plus
       ``(B) 30 percent, if such vehicle--
       ``(i) has received a certificate of conformity under the 
     Clean Air Act and meets or exceeds the most stringent 
     standard available for certification under the Clean Air Act 
     for that make and model year vehicle (other than a zero 
     emission standard), or
       ``(ii) has received an order certifying the vehicle as 
     meeting the same requirements as vehicles which may be sold 
     or leased in California and meets or exceeds the most 
     stringent standard available for certification under the 
     State laws of California (enacted in accordance with a waiver 
     granted under section 209(b) of the Clean Air Act) for that 
     make and model year vehicle (other than a zero emission 
     standard).
       ``(3) Incremental cost.--For purposes of this subsection, 
     the incremental cost of any new qualified alternative fuel 
     motor vehicle is equal to the amount of the excess of the 
     manufacturer's suggested retail price for such vehicle over 
     such price for a gasoline or diesel fuel motor vehicle of the 
     same model, to the extent such amount does not exceed--
       ``(A) $5,000, if such vehicle has a gross vehicle weight 
     rating of not more than 8,500 pounds,
       ``(B) $10,000, if such vehicle has a gross vehicle weight 
     rating of more than 8,500 pounds but not more than 14,000 
     pounds,
       ``(C) $25,000, if such vehicle has a gross vehicle weight 
     rating of more than 14,000 pounds but not more than 26,000 
     pounds, and
       ``(D) $40,000, if such vehicle has a gross vehicle weight 
     rating of more than 26,000 pounds.
       ``(4)New qualified alternative fuel motor vehicle.--For 
     purposes of this subsection--
       ``(A) In general.--The term `new qualified alternative fuel 
     motor vehicle' means any motor vehicle--
       ``(i) which is only capable of operating on an alternative 
     fuel,
       ``(ii) the original use of which commences with the 
     taxpayer,
       ``(iii) which is acquired by the taxpayer for use or lease, 
     but not for resale, and
       ``(iv) which is made by a manufacturer.
       ``(B) Alternative fuel.--The term `alternative fuel' means 
     compressed natural gas, liquefied natural gas, liquefied 
     petroleum gas, hydrogen, and any liquid at least 85 percent 
     of the volume of which consists of methanol.
       ``(5) Credit for mixed-fuel vehicles.--
       ``(A) In general.--In the case of a mixed-fuel vehicle 
     placed in service by the taxpayer during the taxable year, 
     the credit determined under this subsection is an amount 
     equal to--
       ``(i) in the case of a 75/25 mixed-fuel vehicle, 70 percent 
     of the credit which would have been allowed under this 
     subsection if such vehicle was a qualified alternative fuel 
     motor vehicle, and
       ``(ii) in the case of a 90/10 mixed-fuel vehicle, 90 
     percent of the credit which would have been allowed under 
     this subsection if such vehicle was a qualified alternative 
     fuel motor vehicle.
       ``(B) Mixed-fuel vehicle.--For purposes of this subsection, 
     the term `mixed-fuel vehicle'

[[Page S3525]]

     means any motor vehicle described in subparagraph (C) or (D) 
     of paragraph (3), which--
       ``(i) is certified by the manufacturer as being able to 
     perform efficiently in normal operation on a combination of 
     an alternative fuel and a petroleum-based fuel,
       ``(ii) either--

       ``(I) has received a certificate of conformity under the 
     Clean Air Act, or
       ``(II) has received an order certifying the vehicle as 
     meeting the same requirements as vehicles which may be sold 
     or leased in California and meets or exceeds the low emission 
     vehicle standard under section 88.105-94 of title 40, Code of 
     Federal Regulations, for that make and model year vehicle,

       ``(iii) the original use of which commences with the 
     taxpayer,
       ``(iv) which is acquired by the taxpayer for use or lease, 
     but not for resale, and
       ``(v) which is made by a manufacturer.
       ``(C) 75/25 mixed-fuel vehicle.--For purposes of this 
     subsection, the term `75/25 mixed-fuel vehicle' means a 
     mixed-fuel vehicle which operates using at least 75 percent 
     alternative fuel and not more than 25 percent petroleum-based 
     fuel.
       ``(D) 90/10 mixed-fuel vehicle.--For purposes of this 
     subsection, the term `90/10 mixed-fuel vehicle' means a 
     mixed-fuel vehicle which operates using at least 90 percent 
     alternative fuel and not more than 10 percent petroleum-based 
     fuel.
       ``(e) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(f) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Consumable fuel.--The term `consumable fuel' means 
     any solid, liquid, or gaseous matter which releases energy 
     when consumed by an auxiliary power unit.
       ``(2) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term by section 30(c)(2).
       ``(3) City fuel economy.--The city fuel economy with 
     respect to any vehicle shall be measured in a manner which is 
     substantially similar to the manner city fuel economy is 
     measured in accordance with procedures under part 600 of 
     subchapter Q of chapter I of title 40, Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this section.
       ``(4) Other terms.--The terms `automobile', `passenger 
     automobile', `light truck', and `manufacturer' have the 
     meanings given such terms in regulations prescribed by the 
     Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(5)  Reduction in basis.--For purposes of this subtitle, 
     the basis of any property for which a credit is allowable 
     under subsection (a) shall be reduced by the amount of such 
     credit so allowed (determined without regard to subsection 
     (e)).
       ``(6) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter--
       ``(A) for any incremental cost taken into account in 
     computing the amount of the credit determined under 
     subsection (d) shall be reduced by the amount of such credit 
     attributable to such cost, and
       ``(B) with respect to a vehicle described under subsection 
     (b) or (c), shall be reduced by the amount of credit allowed 
     under subsection (a) for such vehicle for the taxable year.
       ``(7) Property used by tax-exempt entities.--In the case of 
     a credit amount which is allowable with respect to a motor 
     vehicle which is acquired by an entity exempt from tax under 
     this chapter, the person which sells or leases such vehicle 
     to the entity shall be treated as the taxpayer with respect 
     to the vehicle for purposes of this section and the credit 
     shall be allowed to such person, but only if the person 
     clearly discloses to the entity at the time of any sale or 
     lease the specific amount of any credit otherwise allowable 
     to the entity under this section.
       ``(8) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit (including 
     recapture in the case of a lease period of less than the 
     economic life of a vehicle).
       ``(9) Property used outside united states, etc., not 
     qualified.--No credit shall be allowed under subsection (a) 
     with respect to any property referred to in section 50(b) or 
     with respect to the portion of the cost of any property taken 
     into account under section 179.
       ``(10) Election to not take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects to not have this section apply to such vehicle.
       ``(11) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (e) for such taxable year (in 
     this paragraph referred to as the `unused credit year'), such 
     excess shall be allowed as a credit carryback for each of the 
     3 taxable years beginning after the date of the enactment of 
     this paragraph, which precede the unused credit year and a 
     credit carryforward for each of the 20 taxable years which 
     succeed the unused credit year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).
       ``(12) Interaction with air quality and motor vehicle 
     safety standards.--Unless otherwise provided in this section, 
     a motor vehicle shall not be considered eligible for a credit 
     under this section unless such vehicle is in compliance 
     with--
       ``(A) the applicable provisions of the Clean Air Act for 
     the applicable make and model year of the vehicle (or 
     applicable air quality provisions of State law in the case of 
     a State which has adopted such provision under a waiver under 
     section 209(b) of the Clean Air Act), and
       ``(B) the motor vehicle safety provisions of sections 30101 
     through 30169 of title 49, United States Code.
       ``(g) Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall promulgate such regulations as necessary to 
     carry out the provisions of this section.
       ``(2) Coordination in prescription of certain 
     regulations.--The Secretary of the Treasury, in coordination 
     with the Secretary of Transportation and the Administrator of 
     the Environmental Protection Agency, shall prescribe such 
     regulations as necessary to determine whether a motor vehicle 
     meets the requirements to be eligible for a credit under this 
     section.
       ``(h) Termination.--This section shall not apply to any 
     property purchased after--
       ``(1) in the case of a new qualified fuel cell motor 
     vehicle (as described in subsection (b)), December 31, 2011, 
     and
       ``(2) in the case of any other property, December 31, 
     2006.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (27), by striking the period at the end of 
     paragraph (28) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(29) to the extent provided in section 30B(f)(5).''.
       (2) Section 55(c)(2) is amended by inserting ``30B(e),'' 
     after ``30(b)(3)''.
       (3) Section 6501(m) is amended by inserting ``30B(f)(10),'' 
     after ``30(d)(4),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 30A the following new item:

``Sec. 30B. Alternative motor vehicle credit.''.
       (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, in taxable years ending after such 
     date.

     SEC. 202. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC 
                   VEHICLES.

       (a) Amount of Credit.--
       (1) In general.--Section 30(a) (relating to allowance of 
     credit) is amended by striking ``10 percent of''.
       (2) Limitation of credit according to type of vehicle.--
     Section 30(b) (relating to limitations) is amended--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following new paragraph:
       ``(1) Limitation according to type of vehicle.--The amount 
     of the credit allowed under subsection (a) for any vehicle 
     shall not exceed the greatest of the following amounts 
     applicable to such vehicle:
       ``(A) In the case of a vehicle which conforms to the Motor 
     Vehicle Safety Standard 500 prescribed by the Secretary of 
     Transportation, as in effect on the date of the enactment of 
     the Energy Tax Incentives Act of 2003, the lesser of--
       ``(i) 10 percent of the manufacturer's suggested retail 
     price of the vehicle, or
       ``(ii) $1,500.
       ``(B) In the case of a vehicle not described in 
     subparagraph (A) with a gross vehicle weight rating not 
     exceeding 8,500 pounds--
       ``(i) $3,500, or
       ``(ii) $6,000, if such vehicle is--

       ``(I) capable of a driving range of at least 100 miles on a 
     single charge of the vehicle's rechargeable batteries as 
     measured pursuant to the urban dynamometer schedules under 
     appendix I to part 86 of title 40, Code of Federal 
     Regulations, or
       ``(II) capable of a payload capacity of at least 1,000 
     pounds.

       ``(C) In the case of a vehicle with a gross vehicle weight 
     rating exceeding 8,500 but not exceeding 14,000 pounds, 
     $10,000.
       ``(D) In the case of a vehicle with a gross vehicle weight 
     rating exceeding 14,000 but not exceeding 26,000 pounds, 
     $20,000.
       ``(E) In the case of a vehicle with a gross vehicle weight 
     rating exceeding 26,000 pounds, $40,000.'', and
       (B) by redesignating paragraph (3) as paragraph (2).
       (3) Conforming amendments.--
       (A) Section 53(d)(1)(B)(iii) is amended by striking 
     ``section 30(b)(3)(B)'' and inserting ``section 
     30(b)(2)(B)''.
       (3) Section 55(c)(2), as amended by this Act, is amended by 
     striking ``30(b)(3)'' and inserting ``30(b)(2)''.
       (b) Qualified Battery Electric Vehicle.--
       (1) In general.--Section 30(c)(1)(A) (defining qualified 
     electric vehicle) is amended to read as follows:
       ``(A) which is--

[[Page S3526]]

       ``(i) operated solely by use of a battery or battery pack, 
     or
       ``(ii) powered primarily through the use of an electric 
     battery or battery pack using a flywheel or capacitor which 
     stores energy produced by an electric motor through 
     regenerative braking to assist in vehicle operation,''.
       (2) Leased vehicles.--Section 30(c)(1)(C) is amended by 
     inserting ``or lease'' after ``use''.
       (3) Conforming amendments.--
       (A) Subsections (a), (b)(2), and (c) of section 30 are each 
     amended by inserting ``battery'' after ``qualified'' each 
     place it appears.
       (B) The heading of subsection (c) of section 30 is amended 
     by inserting ``Battery'' after ``Qualified''.
       (C) The heading of section 30 is amended by inserting 
     ``BATTERY'' after ``QUALIFIED''.
       (D) The item relating to section 30 in the table of 
     sections for subpart B of part IV of subchapter A of chapter 
     1 is amended by inserting ``battery'' after ``qualified''.
       (E) Section 179A(c)(3) is amended by inserting ``battery'' 
     before ``electric''.
       (F) The heading of paragraph (3) of section 179A(c) is 
     amended by inserting ``battery'' before ``electric''.
       (c) Additional Special Rules.--Section 30(d) (relating to 
     special rules) is amended by adding at the end the following 
     new paragraphs:
       ``(5) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter for any cost taken 
     into account in computing the amount of the credit 
     determined under subsection (a) shall be reduced by the 
     amount of such credit attributable to such cost.
       ``(6) Property used by tax-exempt entities.--In the case of 
     a credit amount which is allowable with respect to a vehicle 
     which is acquired by an entity exempt from tax under this 
     chapter, the person which sells or leases such vehicle to the 
     entity shall be treated as the taxpayer with respect to the 
     vehicle for purposes of this section and the credit shall be 
     allowed to such person, but only if the person clearly 
     discloses to the entity at the time of any sale or lease the 
     specific amount of any credit otherwise allowable to the 
     entity under this section.
       ``(7) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (b)(2) for such taxable year (in 
     this paragraph referred to as the `unused credit year'), such 
     excess shall be allowed as a credit carryback for each of the 
     3 taxable years beginning after the date of the enactment of 
     this paragraph, which precede the unused credit year and a 
     credit carryforward for each of the 20 taxable years which 
     succeed the unused credit year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).''.
       (d) 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.

     SEC. 203. CREDIT FOR INSTALLATION OF ALTERNATIVE FUELING 
                   STATIONS.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to foreign tax credit, etc.), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

     ``SEC. 30C. CLEAN-FUEL VEHICLE REFUELING PROPERTY 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 50 percent of the amount paid or incurred 
     by the taxpayer during the taxable year for the installation 
     of qualified clean-fuel vehicle refueling property.
       ``(b) Limitation.--The credit allowed under subsection 
     (a)--
       ``(1) with respect to any retail clean-fuel vehicle 
     refueling property, shall not exceed $30,000, and
       ``(2) with respect to any residential clean-fuel vehicle 
     refueling property, shall not exceed $1,000.
       ``(c) Year Credit Allowed.--The credit allowed under 
     subsection (a) shall be allowed in the taxable year in which 
     the qualified clean-fuel vehicle refueling property is placed 
     in service by the taxpayer.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified clean-fuel vehicle refueling property.--The 
     term `qualified clean-fuel vehicle refueling property' has 
     the same meaning given such term by section 179A(d).
       ``(2) Residential clean-fuel vehicle refueling property.--
     The term `residential clean-fuel vehicle refueling property' 
     means qualified clean-fuel vehicle refueling property which 
     is installed on property which is used as the principal 
     residence (within the meaning of section 121) of the 
     taxpayer.
       ``(3) Retail clean-fuel vehicle refueling property.--The 
     term `retail clean-fuel vehicle refueling property' means 
     qualified clean-fuel vehicle refueling property which is 
     installed on property (other than property described in 
     paragraph (2)) used in a trade or business of the taxpayer.
       ``(e) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, 30, and 30B, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(f) Basis Reduction.--For purposes of this title, the 
     basis of any property shall be reduced by the portion of the 
     cost of such property taken into account under subsection 
     (a).
       ``(g) No Double Benefit.--No deduction shall be allowed 
     under section 179A with respect to any property with respect 
     to which a credit is allowed under subsection (a).
       ``(h) Refueling Property Installed for Tax-Exempt 
     Entities.--In the case of qualified clean-fuel vehicle 
     refueling property installed on property owned or used by an 
     entity exempt from tax under this chapter, the person which 
     installs such refueling property for the entity shall be 
     treated as the taxpayer with respect to the refueling 
     property for purposes of this section (and such refueling 
     property shall be treated as retail clean-fuel vehicle 
     refueling property) and the credit shall be allowed to such 
     person, but only if the person clearly discloses to the 
     entity in any installation contract the specific amount of 
     the credit allowable under this section.
       ``(i) Carryforward Allowed.--
       ``(1) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (e) for such taxable year 
     (referred to as the `unused credit year' in this subsection), 
     such excess shall be allowed as a credit carryforward for 
     each of the 20 taxable years following the unused credit 
     year.
       ``(2) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryforward under 
     paragraph (1).
       ``(j) Special Rules.--Rules similar to the rules of 
     paragraphs (4) and (5) of section 179A(e) shall apply.
       ``(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 
     property placed in service--
       ``(1) in the case of property relating to hydrogen, after 
     December 31, 2011, and
       ``(2) in the case of any other property, after December 31, 
     2007.''.
       (b) Modifications to Extension of Deduction for Certain 
     Refueling Property.--
       (1) In general.--Subsection (f) of section 179A is amended 
     to read as follows:
       ``(f) Termination.--This section shall not apply to any 
     property placed in service--
       ``(1) in the case of property relating to hydrogen, after 
     December 31, 2011, and
       ``(2) in the case of any other property, after December 31, 
     2007.''.
       (2) Extension of phaseout.--Section 179A(b)(1)(B), as 
     amended by section 606(a) of the Job Creation and Worker 
     Assistance Act of 2002, is amended--
       (A) by striking ``calendar year 2004'' in clause (i) and 
     inserting ``calendar years 2004 and 2005 (calendar years 2004 
     through 2009 in the case of property relating to hydrogen) 
     '',
       (B) by striking ``2005'' in clause (ii) and inserting 
     ``2006 (calendar year 2010 in the case of property relating 
     to hydrogen)'', and
       (C) by striking ``2006'' in clause (iii) and inserting 
     ``2007 (calendar year 2011 in the case of property relating 
     to hydrogen)''.
       (c) Incentive for Production of Hydrogen at Qualified 
     Clean-Fuel Vehicle Refueling Property.--Section 179A(d) 
     (defining qualified clean-fuel vehicle refueling property) is 
     amended by adding at the end the following new flush 
     sentence:
     ``In the case of clean-burning fuel which is hydrogen 
     produced from another clean-burning fuel, paragraph (3)(A) 
     shall be applied by substituting `production, storage, or 
     dispensing' for `storage or dispensing' both places it 
     appears.''.
       (d) Conforming Amendments.--(1) Section 1016(a), as amended 
     by this Act, is amended by striking ``and'' at the end of 
     paragraph (28), by striking the period at the end of 
     paragraph (29) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(30) to the extent provided in section 30C(f).''.
       (2) Section 55(c)(2), as amended by this Act, is amended by 
     inserting ``30C(e),'' after ``30B(e)''.
       (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 30B the 
     following new item:

``Sec. 30C. Clean-fuel vehicle refueling property credit.''.

       (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, in taxable years ending after such 
     date.

     SEC. 204. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS 
                   MOTOR VEHICLE FUEL.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by inserting after section 40 the following new section:

     ``SEC. 40A. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS 
                   MOTOR VEHICLE FUEL.

       ``(a) General Rule.--For purposes of section 38, the 
     alternative fuel retail sales credit for any taxable year is 
     the applicable amount for each gasoline gallon equivalent of 
     alternative fuel sold at retail by the taxpayer during such 
     year as a fuel to propel any qualified motor vehicle.
       ``(b) Definitions.--For purposes of this section--

[[Page S3527]]

       ``(1) Applicable amount.--The term `applicable amount' 
     means the amount determined in accordance with the following 
     table:

``In the case of any taxable year
  ending in--                                The applicable amount is--
  2003....................................................30 cents ....

  2004....................................................40 cents ....

  2005 and 2006...........................................50 cents.....

       ``(2) Alternative fuel.--The term `alternative fuel' means 
     compressed natural gas, liquefied natural gas, liquefied 
     petroleum gas, hydrogen, and any liquid at least 85 percent 
     of the volume of which consists of methanol or ethanol.
       ``(3) Gasoline gallon equivalent.--The term `gasoline 
     gallon equivalent' means, with respect to any alternative 
     fuel, the amount (determined by the Secretary) of such fuel 
     having a Btu content of 114,000.
       ``(4) Qualified motor vehicle.--The term `qualified motor 
     vehicle' means any motor vehicle (as defined in section 
     30(c)(2)) which meets any applicable Federal or State 
     emissions standards with respect to each fuel by which such 
     vehicle is designed to be propelled.
       ``(5) Sold at retail.--
       ``(A) In general.--The term `sold at retail' means the 
     sale, for a purpose other than resale, after manufacture, 
     production, or importation.
       ``(B) Use treated as sale.--If any person uses alternative 
     fuel (including any use after importation) as a fuel to 
     propel any qualified alternative fuel motor vehicle (as 
     defined in section 30B(d)(4)) before such fuel is sold at 
     retail, then such use shall be treated in the same manner as 
     if such fuel were sold at retail as a fuel to propel such a 
     vehicle by such person.
       ``(c) No Double Benefit.--The amount of any deduction or 
     other credit allowable under this chapter for any fuel taken 
     into account in computing the amount of the credit determined 
     under subsection (a) shall be reduced by the amount of such 
     credit attributable to such fuel.
       ``(d) 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.
       ``(e) Termination.--This section shall not apply to any 
     fuel sold at retail after December 31, 2006.''.
       (b) Credit Treated as Business Credit.--Section 38(b) 
     (relating to current year business credit) is amended by 
     striking ``plus'' at the end of paragraph (14), by striking 
     the period at the end of paragraph (15) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(16) the alternative fuel retail sales credit determined 
     under section 40A(a).''.
       (c) Transitional Rule.--Section 39(d) (relating to 
     transitional rules) is amended by adding at the end the 
     following new paragraph:
       ``(11) No carryback of section 40a credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the alternative fuel 
     retail sales credit determined under section 40A(a) may be 
     carried back to a taxable year ending on or before the date 
     of the enactment of such section.''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 40 the following 
     new item:

``Sec. 40A. Credit for retail sale of alternative fuels as motor 
              vehicle fuel.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel sold at retail after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 205. SMALL ETHANOL PRODUCER CREDIT.

       (a) Allocation of Alcohol Fuels Credit to Patrons of a 
     Cooperative.--Section 40(g) (relating to alcohol used as 
     fuel) is amended by adding at the end the following new 
     paragraph:
       ``(6) Allocation of small ethanol producer credit to 
     patrons of cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of a cooperative 
     organization described in section 1381(a), any portion of the 
     credit determined under subsection (a)(3) for the taxable 
     year may, at the election of the organization, be apportioned 
     pro rata among patrons of the organization on the basis of 
     the quantity or value of business done with or for such 
     patrons for the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) 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.
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to patrons under subparagraph (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year,
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the taxable year of each patron for which 
     the patronage dividends for the taxable year described in 
     subparagraph (A) are included in gross income, and
       ``(iii) shall be included in gross income of such patrons 
     for the taxable year in the manner and to the extent provided 
     in section 87.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a)(3) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year,

     shall be treated as an increase in tax imposed by this 
     chapter on the organization. Such increase shall not be 
     treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Improvements to Small Ethanol Producer Credit.--
       (1) Definition of small ethanol producer.--Section 40(g) 
     (relating to definitions and special rules for eligible small 
     ethanol producer credit) is amended by striking 
     ``30,000,000'' each place it appears and inserting 
     ``60,000,000''.
       (2) Small ethanol producer credit not a passive activity 
     credit.--Clause (i) of section 469(d)(2)(A) is amended by 
     striking ``subpart D'' and inserting ``subpart D, other than 
     section 40(a)(3),''.
       (3) Allowing credit against entire regular tax and minimum 
     tax.--
       (A) In general.--Subsection (c) of section 38 (relating to 
     limitation based on amount of tax), as amended by section 
     301(b) of the Job Creation and Worker Assistance Act of 2002, 
     is amended by redesignating paragraph (4) as paragraph (5) 
     and by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Special rules for small ethanol producer credit.--
       ``(A) In general.--In the case of the small ethanol 
     producer credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--

       ``(I) the amounts in subparagraphs (A) and (B) thereof 
     shall be treated as being zero, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the small 
     ethanol producer credit).

       ``(B) Small ethanol producer credit.--For purposes of this 
     subsection, the term `small ethanol producer credit' means 
     the credit allowable under subsection (a) by reason of 
     section 40(a)(3).''.
       (B) Conforming amendments.--Subclause (II) of section 
     38(c)(2)(A)(ii), as amended by section 301(b)(2) of the Job 
     Creation and Worker Assistance Act of 2002, and subclause 
     (II) of section 38(c)(3)(A)(ii), as added by section 
     301(b)(1) of such Act, are each amended by inserting ``or the 
     small ethanol producer credit'' after ``employee credit''.
       (4) Small ethanol producer credit not added back to income 
     under section 87.--Section 87 (relating to income inclusion 
     of alcohol fuel credit) is amended to read as follows:

     ``SEC. 87. ALCOHOL FUEL CREDIT.

       ``Gross income includes an amount equal to the sum of--
       ``(1) the amount of the alcohol mixture credit determined 
     with respect to the taxpayer for the taxable year under 
     section 40(a)(1), and
       ``(2) the alcohol credit determined with respect to the 
     taxpayer for the taxable year under section 40(a)(2).''.
       (c) Conforming Amendment.--Section 1388 (relating to 
     definitions and special rules for cooperative organizations) 
     is amended by adding at the end the following new subsection:
       ``(k) Cross Reference.--For provisions relating to the 
     apportionment of the alcohol fuels credit between cooperative 
     organizations and their patrons, see section 40(g)(6).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 206. ALL ALCOHOL FUELS TAXES TRANSFERRED TO HIGHWAY 
                   TRUST FUND.

       (a) In General.--Section 9503(b)(4) (relating to certain 
     taxes not transferred to Highway Trust Fund) is amended--
       (1) by adding ``or'' at the end of subparagraph (C),
       (2) by striking the comma at the end of subparagraph 
     (D)(iii) and inserting a period, and
       (3) by striking subparagraphs (E) and (F).
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxes imposed after September 30, 2003.

     SEC. 207. INCREASED FLEXIBILITY IN ALCOHOL FUELS TAX CREDIT.

       (a) Alcohol Fuels Credit May Be Transferred.--Section 40 
     (relating to alcohol used as fuel) is amended by adding at 
     the end the following new subsection:
       ``(i) Credit May Be Transferred.--
       ``(1) In general.--A taxpayer may transfer any credit 
     allowable under paragraph (1) or (2) of subsection (a) with 
     respect to alcohol used in the production of ethyl tertiary 
     butyl ether through an assignment to a qualified assignee. 
     Such transfer may be revoked only with the consent of the 
     Secretary.
       ``(2) Qualified assignee.--For purposes of this subsection, 
     the term `qualified assignee' means any person who--
       ``(A) is liable for taxes imposed under section 4081,

[[Page S3528]]

       ``(B) is required to register under section 4101, and
       ``(C) obtains a certificate from the taxpayer described in 
     paragraph (1) which identifies the amount of alcohol used in 
     such production.
       ``(3) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to insure that any credit described 
     in paragraph (1) is claimed once and not reassigned by a 
     qualified assignee.''.
       (b) Alcohol Fuels Credit May Be Taken Against Motor Fuels 
     Tax Liability.--
       (1) In general.--Subpart C of part III of subchapter A of 
     chapter 32 (relating to special provisions applicable to 
     petroleum products) is amended by adding at the end the 
     following new section:

     ``SEC. 4104. CREDIT AGAINST MOTOR FUELS TAXES.

       ``(a) Election To Use Credit Against Motor Fuels Taxes.--
     There is hereby allowed as a credit against the taxes imposed 
     by section 4081, any credit allowed under paragraph (1) or 
     (2) of section 40(a) with respect to alcohol used in the 
     production of ethyl tertiary butyl ether to the extent--
       ``(1) such credit is not claimed by the taxpayer or the 
     qualified assignee under section 40(i) as a credit under 
     section 40, and
       ``(2) the taxpayer or qualified assignee elects to claim 
     such credit under this section.
       ``(b) Election Irrevocable.--Any election under subsection 
     (a) shall be irrevocable.
       ``(c) Required Statement.--Any return claiming a credit 
     pursuant to an election under this section shall be 
     accompanied by a statement that the credit was not, and will 
     not, be claimed on an income tax return.
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to avoid the claiming of double 
     benefits and to prescribe the taxable periods with respect to 
     which the credit may be claimed.''.
       (2) Conforming amendment.--Section 40(c) is amended by 
     striking ``or section 4091(c)'' and inserting ``section 
     4091(c), or section 4104''.
       (3) Clerical amendment.--The table of sections for subpart 
     C of part III of subchapter A of chapter 32 is amended by 
     adding at the end the following new item:

``Sec. 4104. Credit against motor fuels taxes.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on and after the date of the enactment of 
     this Act.

     SEC. 208. INCENTIVES FOR BIODIESEL.

       (a) Credit for Biodiesel Used as a Fuel.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits), as amended 
     by this Act, is amended by inserting after section 40A the 
     following new section:

     ``SEC. 40B. BIODIESEL USED AS FUEL.

       ``(a) General Rule.--For purposes of section 38, the 
     biodiesel fuels credit determined under this section for the 
     taxable year is an amount equal to the biodiesel mixture 
     credit.
       ``(b) Definition of Biodiesel Mixture Credit.--For purposes 
     of this section--
       ``(1) Biodiesel mixture credit.--
       ``(A) In general.--The biodiesel mixture credit of any 
     taxpayer for any taxable year is the sum of the products of 
     the biodiesel mixture rate for each qualified biodiesel 
     mixture and the number of gallons of such mixture of the 
     taxpayer for the taxable year.
       ``(B) Biodiesel mixture rate.--For purposes of subparagraph 
     (A), the biodiesel mixture rate for each qualified biodiesel 
     mixture shall be--
       ``(i) in the case of a mixture with only biodiesel V, 1 
     cent for each whole percentage point (not exceeding 20 
     percentage points) of biodiesel V in such mixture, and
       ``(ii) in the case of a mixture with biodiesel NV, or a 
     combination of biodiesel V and biodiesel NV, 0.5 cent for 
     each whole percentage point (not exceeding 20 percentage 
     points) of such biodiesel in such mixture.
       ``(2) Qualified biodiesel mixture.--
       ``(A) In general.--The term `qualified biodiesel mixture' 
     means a mixture of diesel and biodiesel V or biodiesel NV 
     which--
       ``(i) is sold by the taxpayer producing such mixture to any 
     person for use as a fuel, or
       ``(ii) is used as a fuel by the taxpayer producing such 
     mixture.
       ``(B) Sale or use must be in trade or business, etc.--
       ``(i) In general.--Biodiesel V or biodiesel NV used in the 
     production of a qualified biodiesel mixture shall be taken 
     into account--

       ``(I) only if the sale or use described in subparagraph (A) 
     is in a trade or business of the taxpayer, and
       ``(II) for the taxable year in which such sale or use 
     occurs.

       ``(ii) Certification for biodiesel v.--Biodiesel V used in 
     the production of a qualified biodiesel mixture shall be 
     taken into account only if the taxpayer described in 
     subparagraph (A) obtains a certification from the producer of 
     the biodiesel V which identifies the product produced.
       ``(C) Casual off-farm production not eligible.--No credit 
     shall be allowed under this section with respect to any 
     casual off-farm production of a qualified biodiesel mixture.
       ``(c) Coordination With Exemption From Excise Tax.--The 
     amount of the credit determined under this section with 
     respect to any biodiesel V shall, under regulations 
     prescribed by the Secretary, be properly reduced to take into 
     account any benefit provided with respect to such biodiesel V 
     solely by reason of the application of section 4041(n) or 
     section 4081(f).
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Biodiesel v defined.--The term `biodiesel V' means 
     the monoalkyl esters of long chain fatty acids derived solely 
     from virgin vegetable oils for use in compressional-ignition 
     (diesel) engines. Such term shall include esters derived from 
     vegetable oils from corn, soybeans, sunflower seeds, 
     cottonseeds, canola, crambe, rapeseeds, safflowers, 
     flaxseeds, rice bran, and mustard seeds.
       ``(2) Biodiesel nv defined.--The term `biodiesel nv' means 
     the monoalkyl esters of long chain fatty acids derived from 
     nonvirgin vegetable oils or animal fats for use in 
     compressional-ignition (diesel) engines.
       ``(3) Registration requirements.--The terms `biodiesel V' 
     and `biodiesel NV' shall only include a biodiesel which 
     meets--
       ``(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.
       ``(2) Biodiesel mixture not used as a fuel, etc.--
       ``(A) Imposition of tax.--If--
       ``(i) any credit was determined under this section with 
     respect to biodiesel V or biodiesel NV used in the production 
     of any qualified biodiesel mixture, and
       ``(ii) any person--

       ``(I) separates such biodiesel from the mixture, or
       ``(II) without separation, uses the mixture other than as a 
     fuel,

     then there is hereby imposed on such person a tax equal to 
     the product of the biodiesel mixture rate applicable under 
     subsection (b)(1)(B) and the number of gallons of the 
     mixture.
       ``(B) Applicable laws.--All provisions of law, including 
     penalties, shall, insofar as applicable and not inconsistent 
     with this section, apply in respect of any tax imposed under 
     subparagraph (A) as if such tax were imposed by section 4081 
     and not by this chapter.
       ``(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.
       ``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
       ``(1) In general.--A taxpayer may elect to have this 
     section not apply for any taxable year.
       ``(2) Time for making election.--An election under 
     paragraph (1) for any taxable year may be made (or revoked) 
     at any time before the expiration of the 3-year period 
     beginning on the last date prescribed by law for filing the 
     return for such taxable year (determined without regard to 
     extensions).
       ``(3) Manner of making election.--An election under 
     paragraph (1) (or revocation thereof) shall be made in such 
     manner as the Secretary may by regulations prescribe.''.
       ``(f) Termination.--This section shall not apply to any 
     fuel sold after December 31, 2005.''.
       (2) Credit treated as part of general business credit.--
     Section 38(b), as amended by this Act, is amended by striking 
     ``plus'' at the end of paragraph (15), by striking the period 
     at the end of paragraph (16) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(17) the biodiesel fuels credit determined under section 
     40B(a).''.
       (3) Conforming amendments.--
       (A) Section 39(d), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(12) No carryback of biodiesel fuels credit before 
     january 1, 2003.--No portion of the unused business credit 
     for any taxable year which is attributable to the biodiesel 
     fuels credit determined under section 40B may be carried back 
     to a taxable year beginning before January 1, 2003.''.
       (B) Section 196(c) is amended by striking ``and'' at the 
     end of paragraph (9), by striking the period at the end of 
     paragraph (10), and by adding at the end the following new 
     paragraph:
       ``(11) the biodiesel fuels credit determined under section 
     40B(a).''.
       (C) Section 6501(m), as amended by this Act, is amended by 
     inserting ``40B(e),'' after ``40(f),''.
       (D) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by adding after the item relating to section 40A the 
     following new item:

``Sec. 40B. Biodiesel used as fuel.''.

       (4) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2002.
       (b) Reduction of Motor Fuel Excise Taxes on Biodiesel V 
     Mixtures.--
       (1) In general.--Section 4081 (relating to manufacturers 
     tax on petroleum products) is amended by adding at the end 
     the following new subsection:
       ``(f) Biodiesel V Mixtures.--Under regulations prescribed 
     by the Secretary--
       ``(1) In general.--In the case of the removal or entry of a 
     qualified biodiesel mixture with biodiesel V, the rate of tax 
     under subsection (a) shall be the otherwise applicable rate 
     reduced by the biodiesel mixture rate (if any) applicable to 
     the mixture.
       ``(2) Tax prior to mixing.--
       ``(A) In general.--In the case of the removal or entry of 
     diesel fuel for use in producing at the time of such removal 
     or entry

[[Page S3529]]

     a qualified biodiesel mixture with biodiesel V, the rate of 
     tax under subsection (a) shall be the rate determined under 
     subparagraph (B).
       ``(B) Determination of rate.--For purposes of subparagraph 
     (A), the rate determined under this subparagraph is the rate 
     determined under paragraph (1), divided by a percentage equal 
     to 100 percent minus the percentage of biodiesel V which will 
     be in the mixture.
       ``(3) Definitions.--For purposes of this subsection, any 
     term used in this subsection which is also used in section 
     40B shall have the meaning given such term by section 40B.
       ``(4) Certain rules to apply.--Rules similar to the rules 
     of paragraphs (6) and (7) of subsection (c) shall apply for 
     purposes of this subsection.''.
       (2) Conforming amendments.--
       (A) Section 4041 is amended by adding at the end the 
     following new subsection:
       ``(n) Biodiesel V Mixtures.--Under regulations prescribed 
     by the Secretary, in the case of the sale or use of a 
     qualified biodiesel mixture (as defined in section 40B(b)(2)) 
     with biodiesel V, the rates under paragraphs (1) and (2) of 
     subsection (a) shall be the otherwise applicable rates, 
     reduced by any applicable biodiesel mixture rate (as defined 
     in section 40B(b)(1)(B)).''.
       (B) Section 6427 is amended by redesignating subsection (p) 
     as subsection (q) and by inserting after subsection (o) the 
     following new subsection:
       ``(p) Biodiesel V Mixtures.--Except as provided in 
     subsection (k), if any diesel fuel on which tax was imposed 
     by section 4081 at a rate not determined under section 
     4081(f) is used by any person in producing a qualified 
     biodiesel mixture (as defined in section 40B(b)(2)) with 
     biodiesel V which is sold or used in such person's trade or 
     business, the Secretary shall pay (without interest) to such 
     person an amount equal to the per gallon applicable biodiesel 
     mixture rate (as defined in section 40B(b)(1)(B)) with 
     respect to such fuel.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to any fuel sold after the date of the enactment 
     of this Act, and before January 1, 2006.
       (c) Highway Trust Fund Held Harmless.--There are hereby 
     transferred (from time to time) from the funds of the 
     Commodity Credit Corporation amounts determined by the 
     Secretary of the Treasury to be equivalent to the reductions 
     that would occur (but for this subsection) in the receipts of 
     the Highway Trust Fund by reason of the amendments made by 
     this section.

     SEC. 209. CREDIT FOR TAXPAYERS OWNING COMMERCIAL POWER 
                   TAKEOFF VEHICLES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits), as amended 
     by section 703, is amended by adding at the end the following 
     new section:

     ``SEC. 45N. COMMERCIAL POWER TAKEOFF VEHICLES CREDIT.

       ``(a) General Rule.--For purposes of section 38, the amount 
     of the commercial power takeoff vehicles credit determined 
     under this section for the taxable year is $250 for each 
     qualified commercial power takeoff vehicle owned by the 
     taxpayer as of the close of the calendar year in which or 
     with which the taxable year of the taxpayer ends.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Qualified commercial power takeoff vehicle.--The term 
     `qualified commercial power takeoff vehicle' means any 
     highway vehicle described in paragraph (2) which is propelled 
     by any fuel subject to tax under section 4041 or 4081 if such 
     vehicle is used in a trade or business or for the production 
     of income (and is licensed and insured for such use).
       ``(2) Highway vehicle described.--A highway vehicle is 
     described in this paragraph if such vehicle is--
       ``(A) designed to engage in the daily collection of refuse 
     or recyclables from homes or businesses and is equipped with 
     a mechanism under which the vehicle's propulsion engine 
     provides the power to operate a load compactor, or
       ``(B) designed to deliver ready mixed concrete on a daily 
     basis and is equipped with a mechanism under which the 
     vehicle's propulsion engine provides the power to operate a 
     mixer drum to agitate and mix the product en route to the 
     delivery site.
       ``(c) Exception for Vehicles Used by Governments, Etc.--No 
     credit shall be allowed under this section for any vehicle 
     owned by any person at the close of a calendar year if such 
     vehicle is used at any time during such year by--
       ``(1) the United States or an agency or instrumentality 
     thereof, a State, a political subdivision of a State, or an 
     agency or instrumentality of one or more States or political 
     subdivisions, or
       ``(2) an organization exempt from tax under section 501(a).
       ``(d) Denial of Double Benefit.--The amount of any 
     deduction under this subtitle for any tax imposed by 
     subchapter B of chapter 31 or part III of subchapter A of 
     chapter 32 for any taxable year shall be reduced (but not 
     below zero) by the amount of the credit determined under this 
     subsection for such taxable year.
       ``(e) Termination.--This section shall not apply with 
     respect to any calendar year after 2004.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 (relating to general business 
     credit), as amended by section 703, is amended by striking 
     ``plus'' at the end of paragraph (23), by striking the period 
     at the end of paragraph (24) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(25) the commercial power takeoff vehicles credit under 
     section 45N(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by 
     section 703, is amended by adding at the end the following 
     new item:

``Sec. 45N. Commercial power takeoff vehicles credit.''.

       (d) Regulations.--Not later than January 1, 2005, the 
     Secretary of the Treasury, in consultation with the Secretary 
     of Energy, shall by regulation provide for the method of 
     determining the exemption from any excise tax imposed under 
     section 4041 or 4081 of the Internal Revenue Code of 1986 on 
     fuel used through a mechanism to power equipment attached to 
     a highway vehicle as described in section 45N(b)(2) of such 
     Code, as added by subsection (a).
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

        TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS

     SEC. 301. CREDIT FOR CONSTRUCTION OF NEW ENERGY EFFICIENT 
                   HOME.

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

     ``SEC. 45G. NEW ENERGY EFFICIENT HOME CREDIT.

       ``(a) In General.--For purposes of section 38, in the case 
     of an eligible contractor, the credit determined under this 
     section for the taxable year is an amount equal to the 
     aggregate adjusted bases of all energy efficient property 
     installed in a qualifying new home during construction of 
     such home.
       ``(b) Limitations.--
       ``(1) Maximum credit.--
       ``(A) In general.--The credit allowed by this section with 
     respect to a qualifying new home shall not exceed--
       ``(i) in the case of a 30-percent home, $1,250, and
       ``(ii) in the case of a 50-percent home, $2,000.
       ``(B) 30- or 50-percent home.--For purposes of subparagraph 
     (A)--
       ``(i) 30-percent home.--The term `30-percent home' means a 
     qualifying new home which is certified to have a projected 
     level of annual heating and cooling energy consumption, 
     measured in terms of average annual energy cost to the 
     homeowner, which is at least 30 percent less than the annual 
     level of heating and cooling energy consumption of a 
     reference qualifying new home constructed in accordance with 
     the standards of chapter 4 of the 2000 International Energy 
     Conservation Code, or a qualifying new home which is a 
     manufactured home which meets the applicable standards of the 
     Energy Star program managed jointly by the Environmental 
     Protection Agency and the Department of Energy.
       ``(ii) 50-percent home.--The term `50-percent home' means a 
     qualifying new home which is certified to have a projected 
     level of annual heating and cooling energy consumption, 
     measured in terms of average annual energy cost to the 
     homeowner, which is at least 50 percent less than such annual 
     level of heating and cooling energy consumption.
       ``(C) Prior credit amounts on same home taken into 
     account.--If a credit was allowed under subsection (a) with 
     respect to a qualifying new home in 1 or more prior taxable 
     years, the amount of the credit otherwise allowable for the 
     taxable year with respect to that home shall not exceed the 
     amount under clause (i) or (ii) of subparagraph (A) (as the 
     case may be), reduced by the sum of the credits allowed under 
     subsection (a) with respect to the home for all prior taxable 
     years.
       ``(2) Coordination with rehabilitation and energy 
     credits.--For purposes of this section--
       ``(A) the basis of any property referred to in subsection 
     (a) shall be reduced by that portion of the basis of any 
     property which is attributable to the rehabilitation credit 
     (as determined under section 47(a)) or to the energy 
     percentage of energy property (as determined under section 
     48(a)), and
       ``(B) expenditures taken into account under either section 
     47 or 48(a) shall not be taken into account under this 
     section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible contractor.--The term `eligible contractor' 
     means the person who constructed the qualifying new home, or 
     in the case of a manufactured home which conforms to Federal 
     Manufactured Home Construction and Safety Standards (24 
     C.F.R. 3280), the manufactured home producer of such home.
       ``(2) Energy efficient property.--The term `energy 
     efficient property' means any energy efficient building 
     envelope component, and any energy efficient heating or 
     cooling equipment which can, individually or in combination 
     with other components, meet the requirements of this section.
       ``(3) Qualifying new home.--The term `qualifying new home' 
     means a dwelling--
       ``(A) located in the United States,

[[Page S3530]]

       ``(B) the construction of which is substantially completed 
     after the date of the enactment of this section, and
       ``(C) the first use of which after construction is as a 
     principal residence (within the meaning of section 121).
       ``(4) Construction.--The term `construction' includes 
     reconstruction and rehabilitation.
       ``(5) Building envelope component.--The term `building 
     envelope component' means--
       ``(A) any insulation material or system which is 
     specifically and primarily designed to reduce the heat loss 
     or gain of a qualifying new home when installed in or on such 
     home, and
       ``(B) exterior windows (including skylights) and doors.
       ``(6) Manufactured home included.--The term `qualifying new 
     home' includes a manufactured home conforming to Federal 
     Manufactured Home Construction and Safety Standards (24 
     C.F.R. 3280).
       ``(d) Certification.--
       ``(1) Method of certification.--
       ``(A) In general.--A certification described in subsection 
     (b)(1)(B) shall be determined either by a component-based 
     method or a performance-based method.
       ``(B) Component-based method.--A component-based method is 
     a method which uses the applicable technical energy 
     efficiency specifications or ratings (including product 
     labeling requirements) for the energy efficient building 
     envelope component or energy efficient heating or cooling 
     equipment. The Secretary shall, in consultation with the 
     Administrator of the Environmental Protection Agency, develop 
     prescriptive component-based packages that are equivalent in 
     energy performance to properties that qualify under 
     subparagraph (C).
       ``(C) Performance-based method.--
       ``(i) In general.--A performance-based method is a method 
     which calculates projected energy usage and cost reductions 
     in the qualifying new home in relation to a reference 
     qualifying new home--

       ``(I) heated by the same energy source and heating system 
     type, and
       ``(II) constructed in accordance with the standards of 
     chapter 4 of the 2000 International Energy Conservation Code.

       ``(ii) Computer software.--Computer software shall be used 
     in support of a performance-based method certification under 
     clause (i). Such software shall meet procedures and methods 
     for calculating energy and cost savings in regulations 
     promulgated by the Secretary of Energy. Such regulations on 
     the specifications for software and verification protocols 
     shall be based on the 2001 California Residential Alternative 
     Calculation Method Approval Manual.
       ``(2) Provider.--A certification described in subsection 
     (b)(1)(B) shall be provided by--
       ``(A) in the case of a component-based method, a local 
     building regulatory authority, a utility, a manufactured home 
     production inspection primary inspection agency (IPIA), or a 
     home energy rating organization, or
       ``(B) in the case of a performance-based method, an 
     individual recognized by an organization designated by the 
     Secretary for such purposes.
       ``(3) Form.--
       ``(A) In general.--A certification described in subsection 
     (b)(1)(B) shall be made in writing in a manner that specifies 
     in readily verifiable fashion the energy efficient building 
     envelope components and energy efficient heating or cooling 
     equipment installed and their respective rated energy 
     efficiency performance, and in the case of a performance-
     based method, accompanied by a written analysis documenting 
     the proper application of a permissible energy performance 
     calculation method to the specific circumstances of such 
     qualifying new home.
       ``(B) Form provided to buyer.--A form documenting the 
     energy efficient building envelope components and energy 
     efficient heating or cooling equipment installed and their 
     rated energy efficiency performance shall be provided to the 
     buyer of the qualifying new home. The form shall include 
     labeled R-value for insulation products, NFRC-labeled U-
     factor and Solar Heat Gain Coefficient for windows, 
     skylights, and doors, labeled AFUE ratings for furnaces and 
     boilers, labeled HSPF ratings for electric heat pumps, and 
     labeled SEER ratings for air conditioners.
       ``(C) Ratings label affixed in dwelling.--A permanent label 
     documenting the ratings in subparagraph (B) shall be affixed 
     to the front of the electrical distribution panel of the 
     qualifying new home, or shall be otherwise permanently 
     displayed in a readily inspectable location in such home.
       ``(4) Regulations.--
       ``(A) In general.--In prescribing regulations under this 
     subsection for performance-based certification methods, the 
     Secretary, after examining the requirements for energy 
     consultants and home energy ratings providers specified by 
     the Mortgage Industry National Accreditation Procedures for 
     Home Energy Rating Systems, shall prescribe procedures for 
     calculating annual energy usage and cost reductions for 
     heating and cooling and for the reporting of the results. 
     Such regulations shall--
       ``(i) provide that any calculation procedures be fuel 
     neutral such that the same energy efficiency measures allow a 
     qualifying new home to be eligible for the credit under this 
     section regardless of whether such home uses a gas or oil 
     furnace or boiler or an electric heat pump, and
       ``(ii) require that any computer software allow for the 
     printing of the Federal tax forms necessary for the credit 
     under this section and for the printing of forms for 
     disclosure to the homebuyer.
       ``(B) Providers.--For purposes of paragraph (2)(B), the 
     Secretary shall establish requirements for the designation of 
     individuals based on the requirements for energy consultants 
     and home energy raters specified by the Mortgage Industry 
     National Accreditation Procedures for Home Energy Rating 
     Systems.
       ``(e) Termination.--Subsection (a) shall apply to 
     qualifying new homes purchased during the period beginning on 
     the date of the enactment of this section and ending on 
     December 31, 2007.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 (relating to current year 
     business credit), as amended by this Act, is amended by 
     striking ``plus'' at the end of paragraph (16), by striking 
     the period at the end of paragraph (17) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(18) the new energy efficient home credit determined 
     under section 45G(a).''.
       (c) Denial of Double Benefit.--Section 280C (relating to 
     certain expenses for which credits are allowable) is amended 
     by adding at the end the following new subsection:
       ``(d) New Energy Efficient Home Expenses.--No deduction 
     shall be allowed for that portion of expenses for a 
     qualifying new home otherwise allowable as a deduction for 
     the taxable year which is equal to the amount of the credit 
     determined for such taxable year under section 45G(a).''.
       (d) Limitation on Carryback.--Subsection (d) of section 39, 
     as amended by this Act, is amended by adding at the end the 
     following new paragraph:
       ``(13) No carryback of new energy efficient home credit 
     before effective date.--No portion of the unused business 
     credit for any taxable year which is attributable to the 
     credit determined under section 45G may be carried back to 
     any taxable year ending on or before the date of the 
     enactment of such section.''.
       (e) Deduction for Certain Unused Business Credits.--
     Subsection (c) of section 196, as amended by this Act, is 
     amended by striking ``and'' at the end of paragraph (10), by 
     striking the period at the end of paragraph (11) and 
     inserting ``, and'', and by adding after paragraph (11) the 
     following new paragraph:
       ``(12) the new energy efficient home credit determined 
     under section 45G(a).''.
       (f) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45G. New energy efficient home credit.''.

       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 302. CREDIT FOR ENERGY EFFICIENT APPLIANCES.

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

     ``SEC. 45H. ENERGY EFFICIENT APPLIANCE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the energy 
     efficient appliance credit determined under this section for 
     the taxable year is an amount equal to the applicable amount 
     determined under subsection (b) with respect to the eligible 
     production of qualified energy efficient appliances produced 
     by the taxpayer during the calendar year ending with or 
     within the taxable year.
       ``(b) Applicable Amount; Eligible Production.--For purposes 
     of subsection (a)--
       ``(1) Applicable amount.--The applicable amount is--
       ``(A) $50, in the case of--
       ``(i) a clothes washer which is manufactured with at least 
     a 1.26 MEF, or
       ``(ii) a refrigerator which consumes at least 10 percent 
     less kWh per year than the energy conservation standards for 
     refrigerators promulgated by the Department of Energy 
     effective July 1, 2001, and
       ``(B) $100, in the case of--
       ``(i) a clothes washer which is manufactured with at least 
     a 1.42 MEF (at least 1.5 MEF for washers produced after 
     2004), or
       ``(ii) a refrigerator which consumes at least 15 percent 
     less kWh per year than such energy conservation standards.
       ``(2) Eligible production.--
       ``(A) In general.--The eligible production of each category 
     of qualified energy efficient appliances is the excess of--
       ``(i) the number of appliances in such category which are 
     produced by the taxpayer during such calendar year, over
       ``(ii) the average number of appliances in such category 
     which were produced by the taxpayer during calendar years 
     2000, 2001, and 2002.
       ``(B) Categories.--For purposes of subparagraph (A), the 
     categories are--
       ``(i) clothes washers described in paragraph (1)(A)(i),
       ``(ii) clothes washers described in paragraph (1)(B)(i),
       ``(iii) refrigerators described in paragraph (1)(A)(ii), 
     and
       ``(iv) refrigerators described in paragraph (1)(B)(ii).
       ``(c) Limitation on Maximum Credit.--

[[Page S3531]]

       ``(1) In general.--The maximum amount of credit allowed 
     under subsection (a) with respect to a taxpayer for all 
     taxable years shall be--
       ``(A) $30,000,000 with respect to the credit determined 
     under subsection (b)(1)(A), and
       ``(B) $30,000,000 with respect to the credit determined 
     under subsection (b)(1)(B).
       ``(2) Limitation based on gross receipts.--The credit 
     allowed under subsection (a) with respect to a taxpayer for 
     the taxable year shall not exceed an amount equal to 2 
     percent of the average annual gross receipts of the taxpayer 
     for the 3 taxable years preceding the taxable year in which 
     the credit is determined.
       ``(3) Gross receipts.--For purposes of this subsection, the 
     rules of paragraphs (2) and (3) of section 448(c) shall 
     apply.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified energy efficient appliance.--The term 
     `qualified energy efficient appliance' means--
       ``(A) a clothes washer described in subparagraph (A)(i) or 
     (B)(i) of subsection (b)(1), or
       ``(B) a refrigerator described in subparagraph (A)(ii) or 
     (B)(ii) of subsection (b)(1).
       ``(2) Clothes washer.--The term `clothes washer' means a 
     residential clothes washer, including a residential style 
     coin operated washer.
       ``(3) Refrigerator.--The term `refrigerator' means an 
     automatic defrost refrigerator-freezer which has an internal 
     volume of at least 16.5 cubic feet.
       ``(4) MEF.--The term `MEF' means Modified Energy Factor (as 
     determined by the Secretary of Energy).
       ``(e) Special Rules.--
       ``(1) In general.--Rules similar to the rules of 
     subsections (c), (d), and (e) of section 52 shall apply for 
     purposes of this section.
       ``(2) Aggregation rules.--All persons treated as a single 
     employer under subsection (a) or (b) of section 52 or 
     subsection (m) or (o) of section 414 shall be treated as 1 
     person for purposes of subsection (a).
       ``(f) Verification.--The taxpayer shall submit such 
     information or certification as the Secretary, in 
     consultation with the Secretary of Energy, determines 
     necessary to claim the credit amount under subsection (a).
       ``(g) Termination.--This section shall not apply--
       ``(1) with respect to refrigerators described in subsection 
     (b)(1)(A)(ii) produced after December 31, 2004, and
       ``(2) with respect to all other qualified energy efficient 
     appliances produced after December 31, 2006.''.
       (b) Limitation on Carryback.--Section 39(d) (relating to 
     transition rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(14) No carryback of energy efficient appliance credit 
     before effective date.--No portion of the unused business 
     credit for any taxable year which is attributable to the 
     energy efficient appliance credit determined under section 
     45H may be carried to a taxable year ending on or before the 
     date of the enactment of such section.''.
       (c) Conforming Amendment.--Section 38(b) (relating to 
     general business credit), as amended by this Act, is amended 
     by striking ``plus'' at the end of paragraph (17), by 
     striking the period at the end of paragraph (18) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(19) the energy efficient appliance credit determined 
     under section 45H(a).''.
       (d) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45H. Energy efficient appliance credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to appliances produced after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 303. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25B the following new 
     section:

     ``SEC. 25C. RESIDENTIAL ENERGY EFFICIENT PROPERTY.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 15 percent of the qualified photovoltaic property 
     expenditures made by the taxpayer during such year,
       ``(2) 15 percent of the qualified solar water heating 
     property expenditures made by the taxpayer during such year,
       ``(3) 30 percent of the qualified fuel cell property 
     expenditures made by the taxpayer during such year,
       ``(4) 30 percent of the qualified wind energy property 
     expenditures made by the taxpayer during such year, and
       ``(5) the sum of the qualified Tier 2 energy efficient 
     building property expenditures made by the taxpayer during 
     such year.
       ``(b) Limitations.--
       ``(1) Maximum credit.--The credit allowed under subsection 
     (a) shall not exceed--
       ``(A) $2,000 for property described in subsection (d)(1),
       ``(B) $2,000 for property described in subsection (d)(2),
       ``(C) $1,000 for each kilowatt of capacity of property 
     described in subsection (d)(4),
       ``(D) $2,000 for property described in subsection (d)(5), 
     and
       ``(E) for property described in subsection (d)(6)--
       ``(i) $75 for each electric heat pump water heater,
       ``(ii) $250 for each electric heat pump,
       ``(iii) $250 for each advanced natural gas furnace,
       ``(iv) $250 for each central air conditioner,
       ``(v) $75 for each natural gas water heater, and
       ``(vi) $250 for each geothermal heat pump.
       ``(2) Safety certifications.--No credit shall be allowed 
     under this section for an item of property unless--
       ``(A) in the case of solar water heating property, such 
     property is certified for performance and safety by the non-
     profit Solar Rating Certification Corporation or a comparable 
     entity endorsed by the government of the State in which such 
     property is installed,
       ``(B) in the case of a photovoltaic property, a fuel cell 
     property, or a wind energy property, such property meets 
     appropriate fire and electric code requirements, and
       ``(C) in the case of property described in subsection 
     (d)(6), such property meets the performance and quality 
     standards, and the certification requirements (if any), 
     which--
       ``(i) have been prescribed by the Secretary by regulations 
     (after consultation with the Secretary of Energy or the 
     Administrator of the Environmental Protection Agency, as 
     appropriate),
       ``(ii) in the case of the energy efficiency ratio (EER)--

       ``(I) require measurements to be based on published data 
     which is tested by manufacturers at 95 degrees Fahrenheit, 
     and
       ``(II) do not require ratings to be based on certified data 
     of the Air Conditioning and Refrigeration Institute, and

       ``(iii) are in effect at the time of the acquisition of the 
     property.
       ``(c) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section and section 25D), such excess shall be carried to the 
     succeeding taxable year and added to the credit allowable 
     under subsection (a) for such succeeding taxable year.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified solar water heating property expenditure.--
     The term `qualified solar water heating property expenditure' 
     means an expenditure for property to heat water for use in a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer if at least half of the energy used 
     by such property for such purpose is derived from the sun.
       ``(2) Qualified photovoltaic property expenditure.--The 
     term `qualified photovoltaic property expenditure' means an 
     expenditure for property that uses solar energy to generate 
     electricity for use in such a dwelling unit.
       ``(3) Solar panels.--No expenditure relating to a solar 
     panel or other property installed as a roof (or portion 
     thereof) shall fail to be treated as property described in 
     paragraph (1) or (2) solely because it constitutes a 
     structural component of the structure on which it is 
     installed.
       ``(4) Qualified fuel cell property expenditure.--The term 
     `qualified fuel cell property expenditure' means an 
     expenditure for qualified fuel cell property (as defined in 
     section 48(a)(4)) installed on or in connection with such a 
     dwelling unit.
       ``(5) Qualified wind energy property expenditure.--The term 
     `qualified wind energy property expenditure' means an 
     expenditure for property which uses wind energy to generate 
     electricity for use in such a dwelling unit.
       ``(6) Qualified tier 2 energy efficient building property 
     expenditure.--
       ``(A) In general.--The term `qualified Tier 2 energy 
     efficient building property expenditure' means an expenditure 
     for any Tier 2 energy efficient building property.
       ``(B) Tier 2 energy efficient building property.--The term 
     `Tier 2 energy efficient building property' means--
       ``(i) an electric heat pump water heater which yields an 
     energy factor of at least 1.7 in the standard Department of 
     Energy test procedure,
       ``(ii) an electric heat pump which has a heating seasonal 
     performance factor (HSPF) of at least 9, a seasonal energy 
     efficiency ratio (SEER) of at least 15, and an energy 
     efficiency ratio (EER) of at least 12.5,
       ``(iii) an advanced natural gas furnace which achieves at 
     least 95 percent annual fuel utilization efficiency (AFUE),
       ``(iv) a central air conditioner which has a seasonal 
     energy efficiency ratio (SEER) of at least 15 and an energy 
     efficiency ratio (EER) of at least 12.5,
       ``(v) a natural gas water heater which has an energy factor 
     of at least 0.80 in the standard Department of Energy test 
     procedure, and
       ``(vi) a geothermal heat pump which has an energy 
     efficiency ratio (EER) of at least 21.
       ``(7) Labor costs.--Expenditures for labor costs properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the property described in paragraph (1), (2), 
     (4), (5), or (6) and for piping or wiring to interconnect 
     such property to the dwelling

[[Page S3532]]

     unit shall be taken into account for purposes of this 
     section.
       ``(8) Swimming pools, etc., used as storage medium.--
     Expenditures which are properly allocable to a swimming pool, 
     hot tub, or any other energy storage medium which has a 
     function other than the function of such storage shall not be 
     taken into account for purposes of this section.
       ``(e) Special Rules.--For purposes of this section--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which is jointly occupied and used 
     during any calendar year as a residence by 2 or more 
     individuals the following shall apply:
       ``(A) The amount of the credit allowable, under subsection 
     (a) by reason of expenditures (as the case may be) made 
     during such calendar year by any of such individuals with 
     respect to such dwelling unit shall be determined by treating 
     all of such individuals as 1 taxpayer whose taxable year is 
     such calendar year.
       ``(B) There shall be allowable, with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having made the individual's 
     proportionate share of any expenditures of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(4) Allocation in certain cases.--Except in the case of 
     qualified wind energy property expenditures, if less than 80 
     percent of the use of an item is for nonbusiness purposes, 
     only that portion of the expenditures for such item which is 
     properly allocable to use for nonbusiness purposes shall be 
     taken into account.
       ``(5) When expenditure made; amount of expenditure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an expenditure with respect to an item shall be treated as 
     made when the original installation of the item is completed.
       ``(B) Expenditures part of building construction.--In the 
     case of an expenditure in connection with the construction or 
     reconstruction of a structure, such expenditure shall be 
     treated as made when the original use of the constructed or 
     reconstructed structure by the taxpayer begins.
       ``(C) Amount.--The amount of any expenditure shall be the 
     cost thereof.
       ``(6) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any dwelling unit, there 
     shall not be taken in to account expenditures which are made 
     from subsidized energy financing (as defined in section 
     48(a)(5)(C)).
       ``(f) Basis Adjustments.--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 subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(g) Termination.--The credit allowed under this section 
     shall not apply to expenditures after December 31, 2007.''.
       (b) Credit Allowed Against Regular Tax and Alternative 
     Minimum Tax.--
       (1) In general.--Section 25C(b), as added by subsection 
     (a), is amended by adding at the end the following new 
     paragraph:
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section and section 25D) and section 27 for 
     the taxable year.''.
       (2) Conforming amendments.--
       (A) Section 25C(c), as added by subsection (a), is amended 
     by striking ``section 26(a) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section and section 25D)'' and inserting 
     ``subsection (b)(3)''.
       (B) Section 23(b)(4)(B) is amended by inserting ``and 
     section 25C'' after ``this section''.
       (C) Section 24(b)(3)(B) is amended by striking ``23 and 
     25B'' and inserting ``23, 25B, and 25C''.
       (D) Section 25(e)(1)(C) is amended by inserting ``25C,'' 
     after ``25B,''.
       (E) Section 25B(g)(2) is amended by striking ``section 23'' 
     and inserting ``sections 23 and 25C''.
       (F) Section 26(a)(1) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25C''.
       (G) Section 904(h) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25C''.
       (H) Section 1400C(d) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25C''.
       (c) Additional Conforming Amendments.--
       (1) Section 23(c), as in effect for taxable years beginning 
     before January 1, 2004, is amended by striking ``section 
     1400C'' and inserting ``sections 25C and 1400C''.
       (2) Section 25(e)(1)(C), as in effect for taxable years 
     beginning before January 1, 2004, is amended by inserting ``, 
     25Cs,'' after ``sections 23''.
       (3) Subsection (a) of section 1016, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (29), 
     by striking the period at the end of paragraph (30) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(31) to the extent provided in section 25C(f), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25C.''.
       (4) Section 1400C(d), as in effect for taxable years 
     beginning before January 1, 2004, is amended by inserting 
     ``and section 25C'' after ``this section''.
       (5) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 25B the following new item:

``Sec. 25C. Residential energy efficient property.''.

       (d) Effective Dates.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by this section shall apply to expenditures 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 304. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL 
                   CELLS AND STATIONARY MICROTURBINE POWER PLANTS.

       (a) In General.--Subparagraph (A) of section 48(a)(3) 
     (defining energy property) is amended by striking ``or'' at 
     the end of clause (i), by adding ``or'' at the end of clause 
     (ii), and by inserting after clause (ii) the following new 
     clause:
       ``(iii) qualified fuel cell property or qualified 
     microturbine property,''.
       (b) Qualified Fuel Cell Property; Qualified Microturbine 
     Property.--Subsection (a) of section 48 is amended by 
     redesignating paragraphs (4) and (5) as paragraphs (5) and 
     (6), respectively, and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Qualified fuel cell property; qualified microturbine 
     property.--For purposes of this subsection--
       ``(A) Qualified fuel cell property.--
       ``(i) In general.--The term `qualified fuel cell property' 
     means a fuel cell power plant that--

       ``(I) generates at least 0.5 kilowatt of electricity using 
     an electrochemical process, and
       ``(II) has an electricity-only generation efficiency 
     greater than 30 percent.

       ``(ii) Limitation.--In the case of qualified fuel cell 
     property placed in service during the taxable year, the 
     credit determined under paragraph (1) for such year with 
     respect to such property shall not exceed an amount equal to 
     the lesser of--

       ``(I) 30 percent of the basis of such property, or
       ``(II) $500 for each 0.5 kilowatt of capacity of such 
     property.

       ``(iii) Fuel cell power plant.--The term `fuel cell power 
     plant' means an integrated system comprised of a fuel cell 
     stack assembly and associated balance of plant components 
     that converts a fuel into electricity using electrochemical 
     means.
       ``(iv) Termination.--Such term shall not include any 
     property placed in service after December 31, 2007.
       ``(B) Qualified microturbine property.--
       ``(i) In general.--The term ``qualified microturbine 
     property' means a stationary microturbine power plant which 
     has an electricity-only generation efficiency not less than 
     26 percent at International Standard Organization conditions.
       ``(ii) Limitation.--In the case of qualified microturbine 
     property placed in service during the taxable year, the 
     credit determined under paragraph (1) for such year with 
     respect to such property shall not exceed an amount equal to 
     the lesser of--

       ``(I) 10 percent of the basis of such property, or
       ``(II) $200 for each kilowatt of capacity of such property.

       ``(iii) Stationary microturbine power plant.--The term 
     `stationary microturbine power plant means a system 
     comprising of a rotary engine which is actuated by the 
     aerodynamic reaction or impulse or both on radial or axial 
     curved full-circumferential-admission airfoils on a central 
     axial rotating spindle. Such system--

       ``(I) commonly includes an air compressor, combustor, gas 
     pathways which lead compressed air to the combustor and which 
     lead hot combusted gases from the combustor to 1 or more 
     rotating turbine spools, which in turn drive the compressor 
     and power output shaft,

[[Page S3533]]

       ``(II) includes a fuel compressor, recuperator/regenerator, 
     generator or alternator, integrated combined cycle equipment, 
     cooling-heating-and-power equipment, sound attenuation 
     apparatus, and power conditioning equipment, and
       ``(III) includes all secondary components located between 
     the existing infrastructure for fuel delivery and the 
     existing infrastructure for power distribution, including 
     equipment and controls for meeting relevant power standards, 
     such as voltage, frequency, and power factors.

       ``(iv) Termination.--Such term shall not include any 
     property placed in service after December 31, 2006.''.
       (c) Limitation.--Section 48(a)(2)(A) (relating to energy 
     percentage) is amended to read as follows:
       ``(A) In general.--The energy percentage is--
       ``(i) in the case of qualified fuel cell property, 30 
     percent, and
       ``(ii) in the case of any other energy property, 10 
     percent.''.
       (d) Conforming Amendments.--
       (A) Section 29(b)(3)(A)(i)(III) is amended by striking 
     ``section 48(a)(4)(C)'' and inserting ``section 
     48(a)(5)(C)''.
       (B) Section 48(a)(1) is amended by inserting ``except as 
     provided in subparagraph (A)(ii) or (B)(ii) of paragraph 
     (4),'' before ``the energy''.
       (e) Effective Date.--The amendments made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date, under rules similar to the rules of section 48(m) of 
     the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 305. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by inserting after section 179A the following new 
     section:

     ``SEC. 179B. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       ``(a) In General.--There shall be allowed as a deduction 
     for the taxable year an amount equal to the energy efficient 
     commercial building property expenditures made by a taxpayer 
     for the taxable year.
       ``(b) Maximum Amount of Deduction.--The amount of energy 
     efficient commercial building property expenditures taken 
     into account under subsection (a) shall not exceed an amount 
     equal to the product of--
       ``(1) $2.25, and
       ``(2) the square footage of the building with respect to 
     which the expenditures are made.
       ``(c) Year Deduction Allowed.--The deduction under 
     subsection (a) shall be allowed in the taxable year in which 
     the construction of the building is completed.
       ``(d) Energy Efficient Commercial Building Property 
     Expenditures.--For purposes of this section--
       ``(1) In general.--The term `energy efficient commercial 
     building property expenditures' means an amount paid or 
     incurred for energy efficient commercial building property 
     installed on or in connection with new construction or 
     reconstruction of property--
       ``(A) for which depreciation is allowable under section 
     167,
       ``(B) which is located in the United States, and
       ``(C) the construction or erection of which is completed by 
     the taxpayer.

     Such property includes all residential rental property, 
     including low-rise multifamily structures and single family 
     housing property which is not within the scope of Standard 
     90.1-1999 (described in paragraph (2)). Such term includes 
     expenditures for labor costs properly allocable to the onsite 
     preparation, assembly, or original installation of the 
     property.
       ``(2) Energy efficient commercial building property.--For 
     purposes of paragraph (1)--
       ``(A) In general.--The term `energy efficient commercial 
     building property' means any property which reduces total 
     annual energy and power costs with respect to the lighting, 
     heating, cooling, ventilation, and hot water supply systems 
     of the building by 50 percent or more in comparison to a 
     reference building which meets the requirements of Standard 
     90.1-1999 of the American Society of Heating, Refrigerating, 
     and Air Conditioning Engineers and the Illuminating 
     Engineering Society of North America using methods of 
     calculation under subparagraph (B) and certified by qualified 
     professionals as provided under paragraph (5).
       ``(B) Methods of calculation.--The Secretary, in 
     consultation with the Secretary of Energy, shall promulgate 
     regulations which describe in detail methods for calculating 
     and verifying energy and power consumption and cost, taking 
     into consideration the provisions of the 2001 California 
     Nonresidential Alternative Calculation Method Approval 
     Manual. These regulations shall meet the following 
     requirements:
       ``(i) In calculating tradeoffs and energy performance, the 
     regulations shall prescribe the costs per unit of energy and 
     power, such as kilowatt hour, kilowatt, gallon of fuel oil, 
     and cubic foot or Btu of natural gas, which may be dependent 
     on time of usage.
       ``(ii) The calculational methodology shall require that 
     compliance be demonstrated for a whole building. If some 
     systems of the building, such as lighting, are designed later 
     than other systems of the building, the method shall provide 
     that either--

       ``(I) the expenses taken into account under paragraph (1) 
     shall not occur until the date designs for all energy-using 
     systems of the building are completed,
       ``(II) the energy performance of all systems and components 
     not yet designed shall be assumed to comply minimally with 
     the requirements of such Standard 90.1-1999, or
       ``(III) the expenses taken into account under paragraph (1) 
     shall be a fraction of such expenses based on the performance 
     of less than all energy-using systems in accordance with 
     clause (iii).

       ``(iii) The expenditures in connection with the design of 
     subsystems in the building, such as the envelope, the 
     heating, ventilation, air conditioning and water heating 
     system, and the lighting system shall be allocated to the 
     appropriate building subsystem based on system-specific 
     energy cost savings targets in regulations promulgated by the 
     Secretary of Energy which are equivalent, using the 
     calculation methodology, to the whole building requirement of 
     50 percent savings.
       ``(iv) The calculational methods under this subparagraph 
     need not comply fully with section 11 of such Standard 90.1-
     1999.
       ``(v) The calculational methods shall be fuel neutral, such 
     that the same energy efficiency features shall qualify a 
     building for the deduction under this subsection regardless 
     of whether the heating source is a gas or oil furnace or an 
     electric heat pump.
       ``(vi) The calculational methods shall provide appropriate 
     calculated energy savings for design methods and technologies 
     not otherwise credited in either such Standard 90.1-1999 or 
     in the 2001 California Nonresidential Alternative Calculation 
     Method Approval Manual, including the following:

       ``(I) Natural ventilation.
       ``(II) Evaporative cooling.
       ``(III) Automatic lighting controls such as occupancy 
     sensors, photocells, and timeclocks.
       ``(IV) Daylighting.
       ``(V) Designs utilizing semi-conditioned spaces that 
     maintain adequate comfort conditions without air conditioning 
     or without heating.
       ``(VI) Improved fan system efficiency, including reductions 
     in static pressure.
       ``(VII) Advanced unloading mechanisms for mechanical 
     cooling, such as multiple or variable speed compressors.
       ``(VIII) The calculational methods may take into account 
     the extent of commissioning in the building, and allow the 
     taxpayer to take into account measured performance that 
     exceeds typical performance.

       ``(C) Computer software.--
       ``(i) In general.--Any calculation under this paragraph 
     shall be prepared by qualified computer software.
       ``(ii) Qualified computer software.--For purposes of this 
     subparagraph, the term `qualified computer software' means 
     software--

       ``(I) for which the software designer has certified that 
     the software meets all procedures and detailed methods for 
     calculating energy and power consumption and costs as 
     required by the Secretary,
       ``(II) which provides such forms as required to be filed by 
     the Secretary in connection with energy efficiency of 
     property and the deduction allowed under this subsection, and
       ``(III) which provides a notice form which summarizes the 
     energy efficiency features of the building and its projected 
     annual energy costs.

       ``(3) Allocation of deduction for public property.--In the 
     case of energy efficient commercial building property 
     installed on or in public property, the Secretary shall 
     promulgate a regulation to allow the allocation of the 
     deduction to the person primarily responsible for designing 
     the property in lieu of the public entity which is the owner 
     of such property. Such person shall be treated as the 
     taxpayer for purposes of this subsection.
       ``(4) Notice to owner.--The qualified individual shall 
     provide an explanation to the owner of the building regarding 
     the energy efficiency features of the building and its 
     projected annual energy costs as provided in the notice under 
     paragraph (2)(C)(ii)(III).
       ``(5) Certification.--
       ``(A) In general.--Except as provided in this paragraph, 
     the Secretary shall prescribe procedures for the inspection 
     and testing for compliance of buildings that are comparable, 
     given the difference between commercial and residential 
     buildings, to the requirements in the Mortgage Industry 
     National Accreditation Procedures for Home Energy Rating 
     Systems.
       ``(B) Qualified individuals.--Individuals qualified to 
     determine compliance shall be only those individuals who are 
     recognized by an organization certified by the Secretary for 
     such purposes. The Secretary may qualify a Home Ratings 
     Systems Organization, a local building code agency, a State 
     or local energy office, a utility, or any other organization 
     which meets the requirements prescribed under this section.
       ``(C) Proficiency of qualified individuals.--The Secretary 
     shall consult with nonprofit organizations and State agencies 
     with expertise in energy efficiency calculations and 
     inspections to develop proficiency tests and training 
     programs to qualify individuals to determine compliance.
       ``(e) Basis Reduction.--For purposes of this subtitle, if a 
     deduction is allowed under this section with respect to any 
     energy efficient commercial building property, the

[[Page S3534]]

     basis of such property shall be reduced by the amount of the 
     deduction so allowed.
       ``(f) Regulations.--The Secretary shall promulgate such 
     regulations as necessary to take into account new 
     technologies regarding energy efficiency and renewable energy 
     for purposes of determining energy efficiency and savings 
     under this section.
       ``(g) Termination.--This section shall not apply with 
     respect to any energy efficient commercial building property 
     expenditures in connection with property--
       ``(1) the plans for which are not certified under 
     subsection (d)(5) on or before December 31, 2007, and
       ``(2) the construction of which is not completed on or 
     before December 31, 2009.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a), as amended by this Act, is amended by 
     striking ``and'' at the end of paragraph (30), by striking 
     the period at the end of paragraph (31) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(32) to the extent provided in section 179B(e).''.
       (2) Section 1245(a) is amended by inserting ``179B,'' after 
     ``179A,'' both places it appears in paragraphs (2)(C) and 
     (3)(C).
       (3) Section 1250(b)(3) is amended by inserting before the 
     period at the end of the first sentence ``or by section 
     179B''.
       (4) Section 263(a)(1) is amended by striking ``or'' at the 
     end of subparagraph (G), by striking the period at the end of 
     subparagraph (H) and inserting ``, or'', and by inserting 
     after subparagraph (H) the following new subparagraph:
       ``(I) expenditures for which a deduction is allowed under 
     section 179B.''.
       (5) Section 312(k)(3)(B) is amended by striking ``or 179A'' 
     each place it appears in the heading and text and inserting 
     ``, 179A, or 179B''.
       (c) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 is amended by inserting after 
     section 179A the following new item:

``Sec. 179B. Energy efficient commercial buildings deduction.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 306. ALLOWANCE OF DEDUCTION FOR QUALIFIED NEW OR 
                   RETROFITTED ENERGY MANAGEMENT DEVICES.

       (a) In General.--Part VI of subchapter B of chapter 1 
     (relating to itemized deductions for individuals and 
     corporations), as amended by this Act, is amended by 
     inserting after section 179B the following new section:

     ``SEC. 179C. DEDUCTION FOR QUALIFIED NEW OR RETROFITTED 
                   ENERGY MANAGEMENT DEVICES.

       ``(a) Allowance of Deduction.--In the case of a taxpayer 
     who is a supplier of electric energy or natural gas or a 
     provider of electric energy or natural gas services, there 
     shall be allowed as a deduction an amount equal to the cost 
     of each qualified energy management device placed in service 
     during the taxable year.
       ``(b) Maximum Deduction.--The deduction allowed by this 
     section with respect to each qualified energy management 
     device shall not exceed $30.
       ``(c) Qualified Energy Management Device.--The term 
     `qualified energy management device' means any tangible 
     property to which section 168 applies if such property is a 
     meter or metering device--
       ``(1) which is acquired and used by the taxpayer to enable 
     consumers to manage their purchase or use of electricity or 
     natural gas in response to energy price and usage signals, 
     and
       ``(2) which permits reading of energy price and usage 
     signals on at least a daily basis.
       ``(d) Property Used Outside the United States Not 
     Qualified.--No deduction shall be allowed under subsection 
     (a) with respect to property which is used predominantly 
     outside the United States or with respect to the portion of 
     the cost of any property taken into account under section 
     179.
       ``(e) Basis Reduction.--
       ``(1) In general.--For purposes of this title, the basis of 
     any property shall be reduced by the amount of the deduction 
     with respect to such property which is allowed by subsection 
     (a).
       ``(2) Ordinary income recapture.--For purposes of section 
     1245, the amount of the deduction allowable under subsection 
     (a) with respect to any property that is of a character 
     subject to the allowance for depreciation shall be treated as 
     a deduction allowed for depreciation under section 167.''.
       (b) Conforming Amendments.--
       (1) Section 263(a)(1), as amended by this Act, is amended 
     by striking ``or'' at the end of subparagraph (H), by 
     striking the period at the end of subparagraph (I) and 
     inserting ``, or'', and by inserting after subparagraph (I) 
     the following new subparagraph:
       ``(J) expenditures for which a deduction is allowed under 
     section 179C.''.
       (2) Section 312(k)(3)(B), as amended by this Act, is 
     amended by striking ``or 179B'' each place it appears in the 
     heading and text and inserting ``, 179B, or 179C''.
       (3) Section 1016(a), as amended by this Act, is amended by 
     striking ``and'' at the end of paragraph (31), by striking 
     the period at the end of paragraph (32) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(33) to the extent provided in section 179C(e)(1).''.
       (4) Section 1245(a), as amended by this Act, is amended by 
     inserting ``179C,'' after ``179B,'' both places it appears in 
     paragraphs (2)(C) and (3)(C).
       (5) The table of contents 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 179B the 
     following new item:

``Sec. 179C. Deduction for qualified new or retrofitted energy 
              management devices.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to qualified energy management devices placed in 
     service after the date of the enactment of this Act, in 
     taxable years ending after such date.

     SEC. 307. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR 
                   DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT 
                   DEVICES.

       (a) In General.--Subparagraph (A) of section 168(e)(3) 
     (relating to classification of property) is amended by 
     striking ``and'' at the end of clause (ii), by striking the 
     period at the end of clause (iii) and inserting ``, and'', 
     and by adding at the end the following new clause:
       ``(iv) any qualified energy management device.''.
       (b) Definition of Qualified Energy Management Device.--
     Section 168(i) (relating to definitions and special rules) is 
     amended by inserting at the end the following new paragraph:
       ``(15) Qualified energy management device.--The term 
     `qualified energy management device' means any qualified 
     energy management device as defined in section 179C(c) which 
     is placed in service by a taxpayer who is a supplier of 
     electric energy or natural gas or a provider of electric 
     energy or natural gas services.''.
       (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, in taxable years ending after such 
     date.

     SEC. 308. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM 
                   PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) 
     (defining energy property), as amended by this Act, is 
     amended by striking ``or'' at the end of clause (ii), by 
     adding ``or'' at the end of clause (iii), and by inserting 
     after clause (iii) the following new clause:
       ``(iv) combined heat and power system property,''.
       (b) Combined Heat and Power System Property.--Subsection 
     (a) of section 48, as amended by this Act, is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) Combined heat and power system property.--For 
     purposes of this subsection--
       ``(A) Combined heat and power system property.--The term 
     `combined heat and power system property' means property 
     comprising a system--
       ``(i) which uses the same energy source for the 
     simultaneous or sequential generation of electrical power, 
     mechanical shaft power, or both, in combination with the 
     generation of steam or other forms of useful thermal energy 
     (including heating and cooling applications),
       ``(ii) which has an electrical capacity of more than 50 
     kilowatts or a mechanical energy capacity of more than 67 
     horsepower or an equivalent combination of electrical and 
     mechanical energy capacities,
       ``(iii) which produces--

       ``(I) at least 20 percent of its total useful energy in the 
     form of thermal energy, and
       ``(II) at least 20 percent of its total useful energy in 
     the form of electrical or mechanical power (or combination 
     thereof),

       ``(iv) the energy efficiency percentage of which exceeds 60 
     percent (70 percent in the case of a system with an 
     electrical capacity in excess of 50 megawatts or a mechanical 
     energy capacity in excess of 67,000 horsepower, or an 
     equivalent combination of electrical and mechanical energy 
     capacities), and
       ``(v) which is placed in service after the date of the 
     enactment of this paragraph, and before January 1, 2007.
       ``(B) Special rules.--
       ``(i) Energy efficiency percentage.--For purposes of 
     subparagraph (A)(iv), the energy efficiency percentage of a 
     system is the fraction--

       ``(I) the numerator of which is the total useful 
     electrical, thermal, and mechanical power produced by the 
     system at normal operating rates, and expected to be consumed 
     in its normal application, and
       ``(II) the denominator of which is the lower heating value 
     of the primary fuel source for the system.

       ``(ii) Determinations made on btu basis.--The energy 
     efficiency percentage and the percentages under subparagraph 
     (A)(iii) shall be determined on a Btu basis.
       ``(iii) Input and output property not included.--The term 
     `combined heat and power system property' does not include 
     property used to transport the energy source to the facility 
     or to distribute energy produced by the facility.
       ``(iv) Public utility property.--

       ``(I) Accounting rule for public utility property.--If the 
     combined heat and power system property is public utility 
     property (as defined in section 168(i)(10)), the taxpayer may 
     only claim the credit under the subsection if, with respect 
     to such property, the taxpayer uses a normalization method of 
     accounting.

[[Page S3535]]

       ``(II) Certain exception not to apply.--The matter 
     following paragraph (3)(D) shall not apply to combined heat 
     and power system property.

        ``(v) Nonapplication of certain rules.--For purposes of 
     determining if the term `combined heat and power system 
     property' includes technologies which generate electricity or 
     mechanical power using back-pressure steam turbines in place 
     of existing pressure-reducing valves or which make use of 
     waste heat from industrial processes such as by using organic 
     rankin, stirling, or kalina heat engine systems, subparagraph 
     (A) shall be applied without regard to clauses (iii) and (iv) 
     thereof.
       ``(C) Extension of depreciation recovery period.--If a 
     taxpayer is allowed credit under this section for combined 
     heat and power system property and such property would (but 
     for this subparagraph) have a class life of 15 years or less 
     under section 168, such property shall be treated as having a 
     22-year class life for purposes of section 168.''.
       (c) No Carryback of Energy Credit Before Effective Date.--
     Subsection (d) of section 39, as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(15) No carryback of energy credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the energy credit with 
     respect to property described in section 48(a)(5) may be 
     carried back to a taxable year ending on or before the date 
     of the enactment of such section.''.
       (d) Conforming Amendments.--
       (A) Section 25C(e)(6), as added by this Act, is amended by 
     striking ``section 48(a)(5)(C)'' and inserting ``section 
     48(a)(6)(C)''.
       (B) Section 29(b)(3)(A)(i)(III), as amended by this Act, is 
     amended by striking ``section 48(a)(5)(C)'' and inserting 
     ``section 48(a)(6)(C)''.
       (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, in taxable years ending after such 
     date.

     SEC. 309. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO 
                   EXISTING HOMES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits), as 
     amended by this Act, is amended by inserting after section 
     25C the following new section:

     ``SEC. 25D. ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to 10 
     percent of the amount paid or incurred by the taxpayer for 
     qualified energy efficiency improvements installed during 
     such taxable year.
       ``(b) Limitations.--
       ``(1) Maximum credit.--The credit allowed by this section 
     with respect to a dwelling shall not exceed $300.
       ``(2) Prior credit amounts for taxpayer on same dwelling 
     taken into account.--If a credit was allowed to the taxpayer 
     under subsection (a) with respect to a dwelling in 1 or more 
     prior taxable years, the amount of the credit otherwise 
     allowable for the taxable year with respect to that dwelling 
     shall not exceed the amount of $300 reduced by the sum of the 
     credits allowed under subsection (a) to the taxpayer with 
     respect to the dwelling for all prior taxable years.
       ``(c) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section) for any taxable year, such excess shall be carried 
     to the succeeding taxable year and added to the credit 
     allowable under subsection (a) for such succeeding taxable 
     year.
       ``(d) Qualified Energy Efficiency Improvements.--For 
     purposes of this section, the term `qualified energy 
     efficiency improvements' means any energy efficient building 
     envelope component which is certified to meet or exceed the 
     prescriptive criteria for such component in the 2000 
     International Energy Conservation Code, any energy efficient 
     building envelope component which is described in subsection 
     (f)(4)(B) and is certified by the Energy Star program managed 
     jointly by the Environmental Protection Agency and the 
     Department of Energy, or any combination of energy efficiency 
     measures which are certified as achieving at least a 30 
     percent reduction in heating and cooling energy usage for the 
     dwelling (as measured in terms of energy cost to the 
     taxpayer), if--
       ``(1) such component or combination of measures is 
     installed in or on a dwelling--
       ``(A) located in the United States, and
       ``(B) owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121),
       ``(2) the original use of such component or combination of 
     measures commences with the taxpayer, and
       ``(3) such component or combination of measures reasonably 
     can be expected to remain in use for at least 5 years.
       ``(e) Certification.--
       ``(1) Methods of certification.--
       ``(A) Component-based method.--The certification described 
     in subsection (d) for any component described in such 
     subsection shall be determined on the basis of applicable 
     energy efficiency ratings (including product labeling 
     requirements) for affected building envelope components.
       ``(B) Performance-based method.--
       ``(i) In general.--The certification described in 
     subsection (d) for any combination of measures described in 
     such subsection shall be--

       ``(I) determined by comparing the projected heating and 
     cooling energy usage for the dwelling to such usage for such 
     dwelling in its original condition, and
       ``(II) accompanied by a written analysis documenting the 
     proper application of a permissible energy performance 
     calculation method to the specific circumstances of such 
     dwelling.

       ``(ii) Computer software.--Computer software shall be used 
     in support of a performance-based method certification under 
     clause (i). Such software shall meet procedures and methods 
     for calculating energy and cost savings in regulations 
     promulgated by the Secretary of Energy. Such regulations on 
     the specifications for software and verification protocols 
     shall be based on the 2001 California Residential Alternative 
     Calculation Method Approval Manual.
       ``(2) Provider.--A certification described in subsection 
     (d) shall be provided by--
       ``(A) in the case of the method described in paragraph 
     (1)(A), by a third party, such as a local building regulatory 
     authority, a utility, a manufactured home production 
     inspection primary inspection agency (IPIA), or a home energy 
     rating organization, or
       ``(B) in the case of the method described in paragraph 
     (1)(B), an individual recognized by an organization 
     designated by the Secretary for such purposes.
       ``(3) Form.--A certification described in subsection (d) 
     shall be made in writing on forms which specify in readily 
     inspectable fashion the energy efficient components and other 
     measures and their respective efficiency ratings, and which 
     include a permanent label affixed to the electrical 
     distribution panel of the dwelling.
       ``(4) Regulations.--
       ``(A) In general.--In prescribing regulations under this 
     subsection for certification methods described in paragraph 
     (1)(B), the Secretary, after examining the requirements for 
     energy consultants and home energy ratings providers 
     specified by the Mortgage Industry National Accreditation 
     Procedures for Home Energy Rating Systems, shall prescribe 
     procedures for calculating annual energy usage and cost 
     reductions for heating and cooling and for the reporting of 
     the results. Such regulations shall--
       ``(i) provide that any calculation procedures be fuel 
     neutral such that the same energy efficiency measures allow a 
     dwelling to be eligible for the credit under this section 
     regardless of whether such dwelling uses a gas or oil furnace 
     or boiler or an electric heat pump, and
       ``(ii) require that any computer software allow for the 
     printing of the Federal tax forms necessary for the credit 
     under this section and for the printing of forms for 
     disclosure to the owner of the dwelling.
       ``(B) Providers.--For purposes of paragraph (2)(B), the 
     Secretary shall establish requirements for the designation of 
     individuals based on the requirements for energy consultants 
     and home energy raters specified by the Mortgage Industry 
     National Accreditation Procedures for Home Energy Rating 
     Systems.
       ``(f) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which is jointly occupied and used 
     during any calendar year as a residence by 2 or more 
     individuals the following shall apply:
       ``(A) The amount of the credit allowable under subsection 
     (a) by reason of expenditures for the qualified energy 
     efficiency improvements made during such calendar year by any 
     of such individuals with respect to such dwelling unit shall 
     be determined by treating all of such individuals as 1 
     taxpayer whose taxable year is such calendar year.
       ``(B) There shall be allowable, with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having paid his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of the cost of qualified energy efficiency 
     improvements made by such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having paid the individual's 
     proportionate share of the cost of qualified energy 
     efficiency improvements made by such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof)

[[Page S3536]]

     with respect to a condominium project substantially all of 
     the units of which are used as residences.
       ``(4) Building envelope component.--The term `building 
     envelope component' means--
       ``(A) insulation material or system which is specifically 
     and primarily designed to reduce the heat loss or gain or a 
     dwelling when installed in or on such dwelling,
       ``(B) exterior windows (including skylights), and
       ``(C) exterior doors.
       ``(5) Manufactured homes included.--For purposes of this 
     section, the term `dwelling' includes a manufactured home 
     which conforms to Federal Manufactured Home Construction and 
     Safety Standards (24 C.F.R. 3280).
       ``(g) Basis Adjustment.--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 subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(h) Application of Section.--Subsection (a) shall apply 
     to qualified energy efficiency improvements installed during 
     the period beginning on the date of the enactment of this 
     section and ending on December 31, 2006.''.
       (b) Credit Allowed Against Regular Tax and Alternative 
     Minimum Tax.--
       (1) In general.--Section 25D(b), as added by subsection 
     (a), is amended by adding at the end the following new 
     paragraph:
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) and section 27 for the taxable 
     year.''.
       (2) Conforming amendments.--
       (A) Section 25D(c), as added by subsection (a), is amended 
     by striking ``section 26(a) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section)'' and inserting ``subsection (b)(3)''.
       (B) Section 23(b)(4)(B), as amended by this Act, is amended 
     by striking ``section 25C'' and inserting ``sections 25C and 
     25D''.
       (C) Section 24(b)(3)(B), as amended by this Act, is amended 
     by striking ``and 25C'' and inserting ``25C, and 25D''.
       (D) Section 25(e)(1)(C), as amended by this Act, is amended 
     by inserting ``25D,'' after ``25C,''.
       (E) Section 25B(g)(2), as amended by this Act, is amended 
     by striking ``23 and 25C'' and inserting ``23, 25C, and 
     25D''.
       (F) Section 26(a)(1), as amended by this Act, is amended by 
     striking ``and 25C'' and inserting ``25C, and 25D''.
       (G) Section 904(h), as amended by this Act, is amended by 
     striking ``and 25C'' and inserting ``25C, and 25D''.
       (H) Section 1400C(d), as amended by this Act, is amended by 
     striking ``and 25C'' and inserting ``25C, and 25D''.
       (c) Additional Conforming Amendments.--
       (1) Section 23(c), as in effect for taxable years beginning 
     before January 1, 2004, and as amended by this Act, is 
     amended by inserting ``, 25D,'' after ``sections 25C''.
       (2) Section 25(e)(1)(C), as in effect for taxable years 
     beginning before January 1, 2004, and as amended by this Act, 
     is amended by inserting ``25D,'' after ``25C,''.
       (3) Subsection (a) of section 1016, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (32), 
     by striking the period at the end of paragraph (33) and 
     inserting ``; and'', and by adding at the end the following 
     new paragraph:
       ``(34) to the extent provided in section 25D(f), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25D.''.
       (4) Section 1400C(d), as in effect for taxable years 
     beginning before January 1, 2004, and as amended by this Act, 
     is amended by striking ``section 25C'' and inserting 
     ``sections 25C and 25D''.
       (5) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 25C the 
     following new item:

``Sec. 25D. Energy efficiency improvements to existing homes.''.
       (d) Effective Dates.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by this section shall apply to expenditures 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 310. ALLOWANCE OF DEDUCTION FOR QUALIFIED NEW OR 
                   RETROFITTED WATER SUBMETERING DEVICES.

       (a) In General.--Part VI of subchapter B of chapter 1 
     (relating to itemized deductions for individuals and 
     corporations), as amended by section 503, is amended by 
     inserting after section 179D the following new section:

     ``SEC. 179E. DEDUCTION FOR QUALIFIED NEW OR RETROFITTED WATER 
                   SUBMETERING DEVICES.

       ``(a) Allowance of Deduction.--In the case of a taxpayer 
     who is an eligible resupplier, there shall be allowed as a 
     deduction an amount equal to the cost of each qualified water 
     submetering device placed in service during the taxable year.
       ``(b) Maximum Deduction.--The deduction allowed by this 
     section with respect to each qualified water submetering 
     device shall not exceed $30.
       ``(c) Eligible Resupplier.--For purposes of this section, 
     the term `eligible resupplier' means any taxpayer who 
     purchases and installs qualified water submetering devices in 
     every unit in any multi-unit property.
       ``(d) Qualified Water Submetering Device.--The term 
     `qualified water submetering device' means any tangible 
     property to which section 168 applies if such property is a 
     submetering device (including ancillary equipment)--
       ``(1) which is purchased and installed by the taxpayer to 
     enable consumers to manage their purchase or use of water in 
     response to water price and usage signals, and
       ``(2) which permits reading of water price and usage 
     signals on at least a daily basis.
       ``(e) Property Used Outside the United States Not 
     Qualified.--No deduction shall be allowed under subsection 
     (a) with respect to property which is used predominantly 
     outside the United States or with respect to the portion of 
     the cost of any property taken into account under section 
     179.
       ``(f) Basis Reduction.--
       ``(1) In general.--For purposes of this title, the basis of 
     any property shall be reduced by the amount of the deduction 
     with respect to such property which is allowed by subsection 
     (a).
       ``(2) Ordinary income recapture.--For purposes of section 
     1245, the amount of the deduction allowable under subsection 
     (a) with respect to any property that is of a character 
     subject to the allowance for depreciation shall be treated as 
     a deduction allowed for depreciation under section 167.
       ``(g) Termination.--This section shall not apply to any 
     property placed in service after December 31, 2007.''.
       (b) Conforming Amendments.--
       (1) Section 263(a)(1), as amended by section 503, is 
     amended by striking ``or'' at the end of subparagraph (J), by 
     striking the period at the end of subparagraph (K) and 
     inserting ``, or'', and by inserting after subparagraph (K) 
     the following new subparagraph:
       ``(L) expenditures for which a deduction is allowed under 
     section 179E.''.
       (2) Section 312(k)(3)(B), as amended by section 503, is 
     amended by striking ``or 179D'' each place it appears in the 
     heading and text and inserting ``, 179D, or 179E''.
       (3) Section 1016(a), as amended by section 503, is amended 
     by striking ``and'' at the end of paragraph (34), by striking 
     the period at the end of paragraph (35) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(36) to the extent provided in section 179E(f)(1).''.
       (4) Section 1245(a), as amended by section 503, is amended 
     by inserting ``179E,'' after ``179D,'' both places it appears 
     in paragraphs (2)(C) and (3)(C).
       (5) The table of contents for subpart B of part IV of 
     subchapter A of chapter 1, as amended by section 503, is 
     amended by inserting after the item relating to section 179D 
     the following new item:

``Sec. 179E. Deduction for qualified new or retrofitted water 
              submetering devices.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to qualified water submetering devices placed in 
     service after the date of the enactment of this Act, in 
     taxable years ending after such date.

     SEC. 311. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR 
                   DEPRECIATION OF QUALIFIED WATER SUBMETERING 
                   DEVICES.

       (a) In General.--Subparagraph (A) of section 168(e)(3) 
     (relating to classification of property), as amended by this 
     Act, is amended by striking ``and'' at the end of clause 
     (iii), by striking the period at the end of clause (iv) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(v) any qualified water submetering device.''.
       (b) Definition of Qualified Water Submetering Device.--
     Section 168(i) (relating to definitions and special rules), 
     as amended by this Act, is amended by inserting at the end 
     the following new paragraph:
       ``(16) Qualified water submetering device.--The term 
     `qualified water submetering device' means any qualified 
     water submetering device (as defined in section 179E(d)) 
     which is placed in service before January 1, 2008, by a 
     taxpayer who is an eligible resupplier (as defined in section 
     179E(c)).''.
       (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, in taxable years ending after such 
     date.

                    TITLE IV--CLEAN COAL INCENTIVES

Subtitle A--Credit for Emission Reductions and Efficiency Improvements 
        in Existing Coal-Based Electricity Generation Facilities

     SEC. 401. CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN COAL 
                   TECHNOLOGY UNIT.

       (a) Credit for Production From a Qualifying Clean Coal 
     Technology Unit.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

     ``SEC. 45I. CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN 
                   COAL TECHNOLOGY UNIT.

       ``(a) General Rule.--For purposes of section 38, the 
     qualifying clean coal technology

[[Page S3537]]

     production credit of any taxpayer for any taxable year is 
     equal to the product of--
       ``(1) the applicable amount of clean coal technology 
     production credit, multiplied by
       ``(2) the applicable percentage of the kilowatt hours of 
     electricity produced by the taxpayer during such taxable year 
     at a qualifying clean coal technology unit, but only if such 
     production occurs during the 10-year period beginning on the 
     date the unit was returned to service after becoming a 
     qualifying clean coal technology unit.
       ``(b) Applicable Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable amount of clean coal technology production credit 
     is equal to $0.0034.
       ``(2) Inflation adjustment.--For calendar years after 2004, 
     the applicable amount of clean coal technology production 
     credit shall be adjusted by multiplying such amount by the 
     inflation adjustment factor for the calendar year in which 
     the amount is applied. If any amount as increased under the 
     preceding sentence is not a multiple of 0.01 cent, such 
     amount shall be rounded to the nearest multiple of 0.01 cent.
       ``(c) Applicable Percentage.--For purposes of this section, 
     with respect to any qualifying clean coal technology unit, 
     the applicable percentage is the percentage equal to the 
     ratio which the portion of the national megawatt capacity 
     limitation allocated to the taxpayer with respect to such 
     unit under subsection (e) bears to the total megawatt 
     capacity of such unit.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualifying clean coal technology unit.--The term 
     `qualifying clean coal technology unit' means a clean coal 
     technology unit of the taxpayer which--
       ``(A) on the date of the enactment of this section was a 
     coal-based electricity generating steam generator-turbine 
     unit which was not a clean coal technology unit,
       ``(B) has a nameplate capacity rating of not more than 
     300,000 kilowatts,
       ``(C) becomes a clean coal technology unit as the result of 
     the retrofitting, repowering, or replacement of the unit with 
     clean coal technology during the 10-year period beginning on 
     the date of the enactment of this section,
       ``(D) is not receiving nor is scheduled to receive funding 
     under the Clean Coal Technology Program, the Power Plant 
     Improvement Initiative, or the Clean Coal Power Initiative 
     administered by the Secretary of Energy, and
       ``(E) receives an allocation of a portion of the national 
     megawatt capacity limitation under subsection (e).
       ``(2) Clean coal technology unit.--The term `clean coal 
     technology unit' means a unit which--
       ``(A) uses clean coal technology, including advanced 
     pulverized coal or atmospheric fluidized bed combustion, 
     pressurized fluidized bed combustion, integrated gasification 
     combined cycle, or any other technology for the production of 
     electricity,
       ``(B) uses coal to produce 75 percent or more of its 
     thermal output as electricity,
       ``(C) has a design net heat rate of at least 500 less than 
     that of such unit as described in paragraph (1)(A),
       ``(D) has a maximum design net heat rate of not more than 
     9,500, and
       ``(E) meets the pollution control requirements of paragraph 
     (3).
       ``(3) Pollution control requirements.--
       ``(A) In general.--A unit meets the requirements of this 
     paragraph if--
       ``(i) its emissions of sulfur dioxide, nitrogen oxide, or 
     particulates meet the lower of the emission levels for each 
     such emission specified in--

       ``(I) subparagraph (B), or
       ``(II) the new source performance standards of the Clean 
     Air Act (42 U.S.C. 7411) which are in effect for the category 
     of source at the time of the retrofitting, repowering, or 
     replacement of the unit, and

       ``(ii) its emissions do not exceed any relevant emission 
     level specified by regulation pursuant to the hazardous air 
     pollutant requirements of the Clean Air Act (42 U.S.C. 7412) 
     in effect at the time of the retrofitting, repowering, or 
     replacement.
       ``(B) Specific levels.--The levels specified in this 
     subparagraph are--
       ``(i) in the case of sulfur dioxide emissions, 50 percent 
     of the sulfur dioxide emission levels specified in the new 
     source performance standards of the Clean Air Act (42 U.S.C. 
     7411) in effect on the date of the enactment of this section 
     for the category of source,
       ``(ii) in the case of nitrogen oxide emissions--

       ``(I) 0.1 pound per million Btu of heat input if the unit 
     is not a cyclone-fired boiler, and
       ``(II) if the unit is a cyclone-fired boiler, 15 percent of 
     the uncontrolled nitrogen oxide emissions from such boilers, 
     and

       ``(iii) in the case of particulate emissions, 0.02 pound 
     per million Btu of heat input.
       ``(4) Design net heat rate.--The design net heat rate with 
     respect to any unit, measured in Btu per kilowatt hour 
     (HHV)--
       ``(A) shall be based on the design annual heat input to and 
     the design annual net electrical output from such unit 
     (determined without regard to such unit's co-generation of 
     steam),
       ``(B) shall be adjusted for the heat content of the design 
     coal to be used by the unit if it is less than 12,000 Btu per 
     pound according to the following formula:
     Design net heat rate = Unit net heat rate X [l- {((12,000-
     design coal heat content, Btu per pound)/1,000) X 0.013}], 
     and
       ``(C) shall be corrected for the site reference conditions 
     of--
       ``(i) elevation above sea level of 500 feet,
       ``(ii) air pressure of 14.4 pounds per square inch absolute 
     (psia),
       ``(iii) temperature, dry bulb of 63 deg.F,
       ``(iv) temperature, wet bulb of 54 deg.F, and
       ``(v) relative humidity of 55 percent.
       ``(5) HHV.--The term `HHV' means higher heating value.
       ``(6) Application of certain rules.--The rules of 
     paragraphs (3), (4), and (5) of section 45(d) shall apply.
       ``(7) Inflation adjustment factor.--
       ``(A) In general.--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 the calendar year 2003.
       ``(B) GDP implicit price deflator.--The term `GDP implicit 
     price deflator' means the most recent revision of the 
     implicit price deflator for the gross domestic product as 
     computed by the Department of Commerce before March 15 of the 
     calendar year.
       ``(8) Noncompliance with pollution laws.--For purposes of 
     this section, a unit which is not in compliance with the 
     applicable State and Federal pollution prevention, control, 
     and permit requirements for any period of time shall not be 
     considered to be a qualifying clean coal technology unit 
     during such period.
       ``(e) National Limitation on the Aggregate Capacity of 
     Qualifying Clean Coal Technology Units.--
       ``(1) In general.--For purposes of subsection (d)(1)(E), 
     the national megawatt capacity limitation for qualifying 
     clean coal technology units is 4,000 megawatts.
       ``(2) Allocation of limitation.--The Secretary shall 
     allocate the national megawatt capacity limitation for 
     qualifying clean coal technology units in such manner as the 
     Secretary may prescribe under the regulations under paragraph 
     (3).
       ``(3) Regulations.--Not later than 6 months after the date 
     of the enactment of this section, the Secretary shall 
     prescribe such regulations as may be necessary or 
     appropriate--
       ``(A) to carry out the purposes of this subsection,
       ``(B) to limit the capacity of any qualifying clean coal 
     technology unit to which this section applies so that the 
     combined megawatt capacity allocated to all such units under 
     this subsection when all such units are placed in service 
     during the 10-year period described in subsection (d)(1)(C), 
     does not exceed 4,000 megawatts,
       ``(C) to provide a certification process under which the 
     Secretary, in consultation with the Secretary of Energy, 
     shall approve and allocate the national megawatt capacity 
     limitation--
       ``(i) to encourage that units with the highest thermal 
     efficiencies, when adjusted for the heat content of the 
     design coal and site reference conditions described in 
     subsection (d)(4)(C), and environmental performance be placed 
     in service as soon as possible, and
       ``(ii) to allocate capacity to taxpayers that have a 
     definite and credible plan for placing into commercial 
     operation a qualifying clean coal technology unit, 
     including--

       ``(I) a site,
       ``(II) contractual commitments for procurement and 
     construction or, in the case of regulated utilities, the 
     agreement of the State utility commission,
       ``(III) filings for all necessary preconstruction 
     approvals,
       ``(IV) a demonstrated record of having successfully 
     completed comparable projects on a timely basis, and
       ``(V) such other factors that the Secretary determines are 
     appropriate,

       ``(D) to allocate the national megawatt capacity limitation 
     to a portion of the capacity of a qualifying clean coal 
     technology unit if the Secretary determines that such an 
     allocation would maximize the amount of efficient production 
     encouraged with the available tax credits,
       ``(E) to set progress requirements and conditional 
     approvals so that capacity allocations for clean coal 
     technology units that become unlikely to meet the necessary 
     conditions for qualifying can be reallocated by the Secretary 
     to other clean coal technology units, and
       ``(F) to provide taxpayers with opportunities to correct 
     administrative errors and omissions with respect to 
     allocations and record keeping within a reasonable period 
     after discovery, taking into account the availability of 
     regulations and other administrative guidance from the 
     Secretary.''.
       (b) Credit Treated as Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (18), by striking the period at the end of 
     paragraph (19) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(20) the qualifying clean coal technology production 
     credit determined under section 45I(a).''.
       (c) Transitional Rule.--Section 39(d) (relating to 
     transitional rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(16) No carryback of section 45i credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the qualifying clean 
     coal technology production credit determined under section 
     45I may be carried back

[[Page S3538]]

     to a taxable year ending on or before the date of the 
     enactment of such section.''.
       (d) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45I. Credit for production from a qualifying clean coal 
              technology unit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to production after the date of the enactment of 
     this Act, in taxable years ending after such date.

 Subtitle B--Incentives for Early Commercial Applications of Advanced 
                        Clean Coal Technologies

     SEC. 411. CREDIT FOR INVESTMENT IN QUALIFYING ADVANCED CLEAN 
                   COAL TECHNOLOGY.

       (a) Allowance of Qualifying Advanced Clean Coal Technology 
     Unit Credit.--Section 46 (relating to amount of credit) is 
     amended by striking ``and'' at the end of paragraph (2), by 
     striking the period at the end of paragraph (3) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(4) the qualifying advanced clean coal technology unit 
     credit.''.
       (b) Amount of Qualifying Advanced Clean Coal Technology 
     Unit Credit.--Subpart E of part IV of subchapter A of chapter 
     1 (relating to rules for computing investment credit) is 
     amended by inserting after section 48 the following new 
     section:

     ``SEC. 48A. QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY UNIT 
                   CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying advanced clean coal technology unit credit for any 
     taxable year is an amount equal to 10 percent of the 
     applicable percentage of the qualified investment in a 
     qualifying advanced clean coal technology unit for such 
     taxable year.
       ``(b) Qualifying Advanced Clean Coal Technology Unit.--
       ``(1) In general.--For purposes of subsection (a), the term 
     `qualifying advanced clean coal technology unit' means an 
     advanced clean coal technology unit of the taxpayer--
       ``(A)(i)(I) in the case of a unit first placed in service 
     after the date of the enactment of this section, the original 
     use of which commences with the taxpayer, or
       ``(II) in the case of the retrofitting or repowering of a 
     unit first placed in service before such date of enactment, 
     the retrofitting or repowering of which is completed by the 
     taxpayer after such date, or
       ``(ii) which is acquired through purchase (as defined by 
     section 179(d)(2)),
       ``(B) which is depreciable under section 167,
       ``(C) which has a useful life of not less than 4 years,
       ``(D) which is located in the United States,
       ``(E) which is not receiving nor is scheduled to receive 
     funding under the Clean Coal Technology Program, the Power 
     Plant Improvement Initiative, or the Clean Coal Power 
     Initiative administered by the Secretary of Energy,
       ``(F) which is not a qualifying clean coal technology unit, 
     and
       ``(G) which receives an allocation of a portion of the 
     national megawatt capacity limitation under subsection (f).
       ``(2) Special rule for sale-leasebacks.--For purposes of 
     subparagraph (A) of paragraph (1), in the case of a unit 
     which--
       ``(A) is originally placed in service by a person, and
       ``(B) is sold and leased back by such person, or is leased 
     to such person, within 3 months after the date such unit was 
     originally placed in service, for a period of not less than 
     12 years,
     such unit shall be treated as originally placed in service 
     not earlier than the date on which such unit is used under 
     the leaseback (or lease) referred to in subparagraph (B). The 
     preceding sentence shall not apply to any property if the 
     lessee and lessor of such property make an election under 
     this sentence. Such an election, once made, may be revoked 
     only with the consent of the Secretary.
       ``(3) Noncompliance with pollution laws.--For purposes of 
     this subsection, a unit which is not in compliance with the 
     applicable State and Federal pollution prevention, control, 
     and permit requirements for any period of time shall not be 
     considered to be a qualifying advanced clean coal technology 
     unit during such period.
       ``(c) Applicable Percentage.--For purposes of this section, 
     with respect to any qualifying advanced clean coal technology 
     unit, the applicable percentage is the percentage equal to 
     the ratio which the portion of the national megawatt capacity 
     limitation allocated to the taxpayer with respect to such 
     unit under subsection (f) bears to the total megawatt 
     capacity of such unit.
       ``(d) Advanced Clean Coal Technology Unit.--For purposes of 
     this section--
       ``(1) In general.--The term `advanced clean coal technology 
     unit' means a new, retrofit, or repowering unit of the 
     taxpayer which--
       ``(A) is--
       ``(i) an eligible advanced pulverized coal or atmospheric 
     fluidized bed combustion technology unit,
       ``(ii) an eligible pressurized fluidized bed combustion 
     technology unit,
       ``(iii) an eligible integrated gasification combined cycle 
     technology unit, or
       ``(iv) an eligible other technology unit, and
       ``(B) meets the carbon emission rate requirements of 
     paragraph (6).
       ``(2) Eligible advanced pulverized coal or atmospheric 
     fluidized bed combustion technology unit.--The term `eligible 
     advanced pulverized coal or atmospheric fluidized bed 
     combustion technology unit' means a clean coal technology 
     unit using advanced pulverized coal or atmospheric fluidized 
     bed combustion technology which--
       ``(A) is placed in service after the date of the enactment 
     of this section and before January 1, 2013, and
       ``(B) has a design net heat rate of not more than 8,350 
     (8,750 in the case of units placed in service before 2009).
       ``(3) Eligible pressurized fluidized bed combustion 
     technology unit.--The term `eligible pressurized fluidized 
     bed combustion technology unit' means a clean coal technology 
     unit using pressurized fluidized bed combustion technology 
     which--
       ``(A) is placed in service after the date of the enactment 
     of this section and before January 1, 2017, and
       ``(B) has a design net heat rate of not more than 7,720 
     (8,750 in the case of units placed in service before 2009, 
     and 8,350 in the case of units placed in service after 2008 
     and before 2013).
       ``(4) Eligible integrated gasification combined cycle 
     technology unit.--The term `eligible integrated gasification 
     combined cycle technology unit' means a clean coal technology 
     unit using integrated gasification combined cycle technology, 
     with or without fuel or chemical co-production, which--
       ``(A) is placed in service after the date of the enactment 
     of this section and before January 1, 2017,
       ``(B) has a design net heat rate of not more than 7,720 
     (8,750 in the case of units placed in service before 2009, 
     and 8,350 in the case of units placed in service after 2008 
     and before 2013), and
       ``(C) has a net thermal efficiency (HHV) using coal with 
     fuel or chemical co-production of not less than 43.9 percent 
     (39 percent in the case of units placed in service before 
     2009, and 40.9 percent in the case of units placed in service 
     after 2008 and before 2013).
       ``(5) Eligible other technology unit.--The term `eligible 
     other technology unit' means a clean coal technology unit 
     using any other technology for the production of electricity 
     which is placed in service after the date of the enactment of 
     this section and before January 1, 2017.
       ``(6) Carbon emission rate requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a unit meets the requirements of this paragraph if--
       ``(i) in the case of a unit using design coal with a heat 
     content of not more than 9,000 Btu per pound, the carbon 
     emission rate is less than 0.60 pound of carbon per kilowatt 
     hour, and
       ``(ii) in the case of a unit using design coal with a heat 
     content of more than 9,000 Btu per pound, the carbon emission 
     rate is less than 0.54 pound of carbon per kilowatt hour.
       ``(B) Eligible other technology unit.--In the case of an 
     eligible other technology unit, subparagraph (A) shall be 
     applied by substituting `0.51' and `0.459' for `0.60' and 
     `0.54', respectively.
       ``(e) General Definitions.--Any term used in this section 
     which is also used in section 45I shall have the meaning 
     given such term in section 45I.
       ``(f) National Limitation on the Aggregate Capacity of 
     Advanced Clean Coal Technology Units.--
       ``(1) In general.--For purposes of subsection (b)(1)(G), 
     the national megawatt capacity limitation is--
       ``(A) for qualifying advanced clean coal technology units 
     using advanced pulverized coal or atmospheric fluidized bed 
     combustion technology, not more than 1,000 megawatts (not 
     more than 500 megawatts in the case of units placed in 
     service before 2009),
       ``(B) for such units using pressurized fluidized bed 
     combustion technology, not more than 500 megawatts (not more 
     than 250 megawatts in the case of units placed in service 
     before 2009),
       ``(C) for such units using integrated gasification combined 
     cycle technology, with or without fuel or chemical co-
     production, not more than 2,000 megawatts (not more than 
     1,000 megawatts in the case of units placed in service before 
     2009 and not more than 1,500 megawatts in the case of units 
     placed in service after 2008 and before 2013), and
       ``(D) for such units using other technology for the 
     production of electricity, not more than 500 megawatts (not 
     more than 250 megawatts in the case of units placed in 
     service before 2009).
       ``(2) Allocation of limitation.--The Secretary shall 
     allocate the national megawatt capacity limitation for 
     qualifying advanced clean coal technology units in such 
     manner as the Secretary may prescribe under the regulations 
     under paragraph (3).
       ``(3) Regulations.--Not later than 6 months after the date 
     of the enactment of this section, the Secretary shall 
     prescribe such regulations as may be necessary or 
     appropriate--
       ``(A) to carry out the purposes of this subsection and 
     section 45J,
       ``(B) to limit the capacity of any qualifying advanced 
     clean coal technology unit to which this section applies so 
     that the combined megawatt capacity of all such units to 
     which this section applies does not exceed 4,000 megawatts,
       ``(C) to provide a certification process described in 
     section 45I(e)(3)(C),

[[Page S3539]]

       ``(D) to carry out the purposes described in subparagraphs 
     (D), (E), and (F) of section 45I(e)(3), and
       ``(E) to reallocate capacity which is not allocated to any 
     technology described in subparagraphs (A) through (D) of 
     paragraph (1) because an insufficient number of qualifying 
     units request an allocation for such technology, to another 
     technology described in such subparagraphs in order to 
     maximize the amount of energy efficient production encouraged 
     with the available tax credits.
       ``(4) Selection criteria.--For purposes of paragraph 
     (3)(C), the selection criteria for allocating the national 
     megawatt capacity limitation to qualifying advanced clean 
     coal technology units--
       ``(A) shall be established by the Secretary of Energy as 
     part of a competitive solicitation,
       ``(B) shall include primary criteria of minimum design net 
     heat rate, maximum design thermal efficiency, environmental 
     performance, and lowest cost to the Government, and
       ``(C) shall include supplemental criteria as determined 
     appropriate by the Secretary of Energy.
       ``(g) Qualified Investment.--For purposes of subsection 
     (a), the term `qualified investment' means, with respect to 
     any taxable year, the basis of a qualifying advanced clean 
     coal technology unit placed in service by the taxpayer during 
     such taxable year (in the case of a unit described in 
     subsection (b)(1)(A)(i)(II), only that portion of the basis 
     of such unit which is properly attributable to the 
     retrofitting or repowering of such unit).
       ``(h) Qualified Progress Expenditures.--
       ``(1) Increase in qualified investment.--In the case of a 
     taxpayer who has made an election under paragraph (5), the 
     amount of the qualified investment of such taxpayer for the 
     taxable year (determined under subsection (g) without regard 
     to this subsection) shall be increased by an amount equal to 
     the aggregate of each qualified progress expenditure for the 
     taxable year with respect to progress expenditure property.
       ``(2) Progress expenditure property defined.--For purposes 
     of this subsection, the term `progress expenditure property' 
     means any property being constructed by or for the taxpayer 
     and which it is reasonable to believe will qualify as a 
     qualifying advanced clean coal technology unit which is being 
     constructed by or for the taxpayer when it is placed in 
     service.
       ``(3) Qualified progress expenditures defined.--For 
     purposes of this subsection--
       ``(A) Self-constructed property.--In the case of any self-
     constructed property, the term `qualified progress 
     expenditures' means the amount which, for purposes of this 
     subpart, is properly chargeable (during such taxable year) to 
     capital account with respect to such property.
       ``(B) Nonself-constructed property.--In the case of 
     nonself-constructed property, the term `qualified progress 
     expenditures' means the amount paid during the taxable year 
     to another person for the construction of such property.
       ``(4) Other definitions.--For purposes of this subsection--
       ``(A) Self-constructed property.--The term `self-
     constructed property' means property for which it is 
     reasonable to believe that more than half of the construction 
     expenditures will be made directly by the taxpayer.
       ``(B) Nonself-constructed property.--The term `nonself-
     constructed property' means property which is not self-
     constructed property.
       ``(C) Construction, etc.--The term `construction' includes 
     reconstruction and erection, and the term `constructed' 
     includes reconstructed and erected.
       ``(D) Only construction of qualifying advanced clean coal 
     technology unit to be taken into account.--Construction shall 
     be taken into account only if, for purposes of this subpart, 
     expenditures therefor are properly chargeable to capital 
     account with respect to the property.
       ``(5) Election.--An election under this subsection may be 
     made at such time and in such manner as the Secretary may by 
     regulations prescribe. Such an election shall apply to the 
     taxable year for which made and to all subsequent taxable 
     years. Such an election, once made, may not be revoked except 
     with the consent of the Secretary.
       ``(i) Coordination With Other Credits.--This section shall 
     not apply to any property with respect to which the 
     rehabilitation credit under section 47 or the energy credit 
     under section 48 is allowed unless the taxpayer elects to 
     waive the application of such credit to such property.''.
       (c) Recapture.--Section 50(a) (relating to other special 
     rules) is amended by adding at the end the following new 
     paragraph:
       ``(6) Special rules relating to qualifying advanced clean 
     coal technology unit.--For purposes of applying this 
     subsection in the case of any credit allowable by reason of 
     section 48A, the following shall apply:
       ``(A) General rule.--In lieu of the amount of the increase 
     in tax under paragraph (1), the increase in tax shall be an 
     amount equal to the investment tax credit allowed under 
     section 38 for all prior taxable years with respect to a 
     qualifying advanced clean coal technology unit (as defined by 
     section 48A(b)(1)) multiplied by a fraction whose numerator 
     is the number of years remaining to fully depreciate under 
     this title the qualifying advanced clean coal technology unit 
     disposed of, and whose denominator is the total number of 
     years over which such unit would otherwise have been subject 
     to depreciation. For purposes of the preceding sentence, the 
     year of disposition of the qualifying advanced clean coal 
     technology unit shall be treated as a year of remaining 
     depreciation.
       ``(B) Property ceases to qualify for progress 
     expenditures.--Rules similar to the rules of paragraph (2) 
     shall apply in the case of qualified progress expenditures 
     for a qualifying advanced clean coal technology unit under 
     section 48A, except that the amount of the increase in tax 
     under subparagraph (A) of this paragraph shall be substituted 
     for the amount described in such paragraph (2).
       ``(C) Application of paragraph.--This paragraph shall be 
     applied separately with respect to the credit allowed under 
     section 38 regarding a qualifying advanced clean coal 
     technology unit.''.
       (d) Transitional Rule.--Section 39(d) (relating to 
     transitional rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(17) No carryback of section 48a credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the qualifying advanced 
     clean coal technology unit credit determined under section 
     48A may be carried back to a taxable year ending on or before 
     the date of the enactment of such section.''.
       (e) Technical Amendments.--
       (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) the portion of the basis of any qualifying advanced 
     clean coal technology unit attributable to any qualified 
     investment (as defined by section 48A(g)).''.
       (2) Section 50(a)(4) is amended by striking ``and (2)'' and 
     inserting ``(2), and (6)''.
       (3) Section 50(c) is amended by adding at the end the 
     following new paragraph:
       ``(6) Nonapplication.--Paragraphs (1) and (2) shall not 
     apply to any qualifying advanced clean coal technology unit 
     credit under section 48A.''.
       (4) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48 the following new item:

``Sec. 48A. Qualifying advanced clean coal technology unit credit.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 412. CREDIT FOR PRODUCTION FROM A QUALIFYING ADVANCED 
                   CLEAN COAL TECHNOLOGY UNIT.

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

     ``SEC. 45J. CREDIT FOR PRODUCTION FROM A QUALIFYING ADVANCED 
                   CLEAN COAL TECHNOLOGY UNIT.

       ``(a) General Rule.--For purposes of section 38, the 
     qualifying advanced clean coal technology production credit 
     of any taxpayer for any taxable year is equal to--
       ``(1) the applicable amount of advanced clean coal 
     technology production credit, multiplied by
       ``(2) the applicable percentage (as determined under 
     section 48A(c)) of the sum of--
       ``(A) the kilowatt hours of electricity, plus
       ``(B) each 3,413 Btu of fuels or chemicals,
     produced by the taxpayer during such taxable year at a 
     qualifying advanced clean coal technology unit during the 10-
     year period beginning on the date the unit was originally 
     placed in service (or returned to service after becoming a 
     qualifying advanced clean coal technology unit).
       ``(b) Applicable Amount.--For purposes of this section, the 
     applicable amount of advanced clean coal technology 
     production credit with respect to production from a 
     qualifying advanced clean coal technology unit shall be 
     determined as follows:
       ``(1) Where the qualifying advanced clean coal technology 
     unit is producing electricity only:
       ``(A) In the case of a unit originally placed in service 
     before 2009, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
                                  --------------------------------------
  ``The design net heat rate is:   For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
Not more than 8,400..............        $.0060              $.0038
More than 8,400 but not more than        $.0025              $.0010
 8,550.
More than 8,550 but less than            $.0010             $.0010.
 8,750.
------------------------------------------------------------------------

       ``(B) In the case of a unit originally placed in service 
     after 2008 and before 2013, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
                                  --------------------------------------
  ``The design net heat rate is:   For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
 
Not more than 7,770..............        $.0105              $.0090
More than 7,770 but not more than        $.0085              $.0068
 8,125.

[[Page S3540]]

 
More than 8,125 but less than            $.0075             $.0055.
 8,350.
------------------------------------------------------------------------

       ``(C) In the case of a unit originally placed in service 
     after 2012 and before 2017, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
                                  --------------------------------------
  ``The design net heat rate is:   For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
 
Not more than 7,380..............        $.0140              $.0115
More than 7,380 but not more than        $.0120             $.0090.
 7,720.
------------------------------------------------------------------------

       ``(2) Where the qualifying advanced clean coal technology 
     unit is producing fuel or chemicals:
       ``(A) In the case of a unit originally placed in service 
     before 2009, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
  ``The unit design net thermal   --------------------------------------
       efficiency (HHV) is:        For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
 
Not less than 40.6 percent.......        $.0060              $.0038
Less than 40.6 but not less than         $.0025              $.0010
 40 percent.
Less than 40 but not less than 39        $.0010             $.0010.
 percent.
------------------------------------------------------------------------

       ``(B) In the case of a unit originally placed in service 
     after 2008 and before 2013, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
  ``The unit design net thermal   --------------------------------------
       efficiency (HHV) is:        For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
 
Not less than 43.6 percent.......        $.0105              $.0090
Less than 43.6 but not less than         $.0085              $.0068
 42 percent.
Less than 42 but not less than           $.0075             $.0055.
 40.9 percent.
------------------------------------------------------------------------

       ``(C) In the case of a unit originally placed in service 
     after 2012 and before 2017, if--
       

------------------------------------------------------------------------
                                         The applicable amount is:
  ``The unit design net thermal   --------------------------------------
       efficiency (HHV) is:        For 1st 5 years of  For 2d 5 years of
                                      such service        such service
------------------------------------------------------------------------
 
Not less than 44.2 percent.......        $.0140              $.0115
Less than 44.2 but not less than         $.0120             $.0090.
 43.9 percent.
------------------------------------------------------------------------

       ``(c) Inflation Adjustment.--For calendar years after 2004, 
     each amount in paragraphs (1) and (2) of subsection (b) shall 
     be adjusted by multiplying such amount by the inflation 
     adjustment factor for the calendar year in which the amount 
     is applied. If any amount as increased under the preceding 
     sentence is not a multiple of 0.01 cent, such amount shall be 
     rounded to the nearest multiple of 0.01 cent.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) In general.--Any term used in this section which is 
     also used in section 45I or 48A shall have the meaning given 
     such term in such section.
       ``(2) Applicable rules.--The rules of paragraphs (3), (4), 
     and (5) of section 45(d) shall apply.''.
       (b) Credit Treated as Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (19), by striking the period at the end of 
     paragraph (20) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(21) the qualifying advanced clean coal technology 
     production credit determined under section 45J(a).''.
       (c) Transitional Rule.--Section 39(d) (relating to 
     transitional rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(18) No carryback of section 45j credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the qualifying advanced 
     clean coal technology production credit determined under 
     section 45J may be carried back to a taxable year ending on 
     or before the date of the enactment of such section.''.
       (d) Denial of Double Benefit.--Section 29(d) (relating to 
     other definitions and special rules) is amended by adding at 
     the end the following new paragraph:
       ``(9) Denial of double benefit.--This section shall not 
     apply with respect to any qualified fuel the production of 
     which may be taken into account for purposes of determining 
     the credit under section 45J.''.
       (e) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45J. Credit for production from a qualifying advanced clean coal 
              technology unit.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to production after the date of the enactment of 
     this Act, in taxable years ending after such date.

     Subtitle C--Treatment of Persons Not Able To Use Entire Credit

     SEC. 421. TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT.

       (a) In General.--Section 45I, as added by this Act, is 
     amended by adding at the end the following new subsection:
       ``(f) Treatment of Person Not Able To Use Entire Credit.--
       ``(1) Allowance of credits.--
       ``(A) In general.--Any credit allowable under this section, 
     section 45J, or section 48A with respect to a facility owned 
     by a person described in subparagraph (B) may be transferred 
     or used as provided in this subsection, and the determination 
     as to whether the credit is allowable shall be made without 
     regard to the tax-exempt status of the person.
       ``(B) Persons described.--A person is described in this 
     subparagraph if the person is--
       ``(i) an organization described in section 501(c)(12)(C) 
     and exempt from tax under section 501(a),
       ``(ii) an organization described in section 1381(a)(2)(C),
       ``(iii) a public utility (as defined in section 
     136(c)(2)(B)),
       ``(iv) any State or political subdivision thereof, the 
     District of Columbia, or any agency or instrumentality of any 
     of the foregoing,
       ``(v) any Indian tribal government (within the meaning of 
     section 7871) or any agency or instrumentality thereof, or
       ``(vi) the Tennessee Valley Authority.
       ``(2) Transfer of credit.--
       ``(A) In general.--A person described in clause (i), (ii), 
     (iii), (iv), or (v) of paragraph (1)(B) may transfer any 
     credit to which paragraph (1)(A) applies through an 
     assignment to any other person not described in paragraph 
     (1)(B). Such transfer may be revoked only with the consent of 
     the Secretary.
       ``(B) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to insure that any credit described 
     in subparagraph (A) is claimed once and not reassigned by 
     such other person.
       ``(C) Transfer proceeds treated as arising from essential 
     government function.--Any proceeds derived by a person 
     described in clause (iii), (iv), or (v) of paragraph (1)(B) 
     from the transfer of any credit under subparagraph (A) shall 
     be treated as arising from the exercise of an essential 
     government function.
       ``(3) Use of credit as an offset.--Notwithstanding any 
     other provision of law, in the case of a person described in 
     clause (i), (ii), or (v) of paragraph (1)(B), any credit to 
     which paragraph (1)(A) applies may be applied by such person, 
     to the extent provided by the Secretary of Agriculture, as a 
     prepayment of any loan, debt, or other obligation the entity 
     has incurred under subchapter I of chapter 31 of title 7 of 
     the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), 
     as in effect on the date of the enactment of this section.
       ``(4) Use by tva.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, in the case of a person described in paragraph 
     (1)(B)(vi), any credit to which paragraph (1)(A) applies may 
     be applied as a credit against the payments required to be 
     made in any fiscal year under section 15d(e) of the Tennessee 
     Valley Authority Act of 1933 (16 U.S.C. 831n-4(e)) as an 
     annual return on the appropriations investment and an annual 
     repayment sum.
       ``(B) Treatment of credits.--The aggregate amount of 
     credits described in paragraph (1)(A) with respect to such 
     person shall be treated in the same manner and to the same 
     extent as if such credits were a payment in cash and shall be 
     applied first against the annual return on the appropriations 
     investment.
       ``(C) Credit carryover.--With respect to any fiscal year, 
     if the aggregate amount of credits described paragraph (1)(A) 
     with respect to such person exceeds the aggregate amount of 
     payment obligations described in subparagraph (A), the excess 
     amount shall remain available for application as credits 
     against the amounts of such payment obligations in succeeding 
     fiscal years in the same manner as described in this 
     paragraph.
       ``(5) Credit not income.--Any transfer under paragraph (2) 
     or use under paragraph (3) of any credit to which paragraph 
     (1)(A) applies shall not be treated as income for purposes of 
     section 501(c)(12).
       ``(6) Treatment of unrelated persons.--For purposes of this 
     subsection, sales among and between persons described in 
     clauses (i), (ii), (iii), (iv), and (v) of paragraph (1)(A) 
     shall be treated as sales between unrelated parties.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to production after the date of the enactment of 
     this Act, in taxable years ending after such date.

                    TITLE V--OIL AND GAS PROVISIONS

     SEC. 501. OIL AND GAS FROM MARGINAL WELLS.

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

     ``SEC. 45K. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
                   WELLS.

       ``(a) General Rule.--For purposes of section 38, the 
     marginal well production credit for any taxable year is an 
     amount equal to the product of--
       ``(1) the credit amount, and
       ``(2) the qualified credit oil production and the qualified 
     natural gas production which is attributable to the taxpayer.

[[Page S3541]]

       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The credit amount is--
       ``(A) $3 per barrel of qualified crude oil production, and
       ``(B) 50 cents per 1,000 cubic feet of qualified natural 
     gas production.
       ``(2) Reduction as oil and gas prices increase.--
       ``(A) In general.--The $3 and 50 cents amounts under 
     paragraph (1) shall each be reduced (but not below zero) by 
     an amount which bears the same ratio to such amount 
     (determined without regard to this paragraph) as--
       ``(i) the excess (if any) of the applicable reference price 
     over $15 ($1.67 for qualified natural gas production), bears 
     to
       ``(ii) $3 ($0.33 for qualified natural gas production).
     The applicable reference price for a taxable year is the 
     reference price of the calendar year preceding the calendar 
     year in which the taxable year begins.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2003, each of the 
     dollar amounts contained in subparagraph (A) shall be 
     increased to an amount equal to such dollar amount multiplied 
     by the inflation adjustment factor for such calendar year 
     (determined under section 43(b)(3)(B) by substituting `2002' 
     for `1990').
       ``(C) Reference price.--For purposes of this paragraph, the 
     term `reference price' means, with respect to any calendar 
     year--
       ``(i) in the case of qualified crude oil production, the 
     reference price determined under section 29(d)(2)(C), and
       ``(ii) in the case of qualified natural gas production, the 
     Secretary's estimate of the annual average wellhead price per 
     1,000 cubic feet for all domestic natural gas.
       ``(c) Qualified Crude Oil and Natural Gas Production.--For 
     purposes of this section--
       ``(1) In general.--The terms `qualified crude oil 
     production' and `qualified natural gas production' mean 
     domestic crude oil or natural gas which is produced from a 
     qualified marginal well.
       ``(2) Limitation on amount of production which may 
     qualify.--
       ``(A) In general.--Crude oil or natural gas produced during 
     any taxable year from any well shall not be treated as 
     qualified crude oil production or qualified natural gas 
     production to the extent production from the well during the 
     taxable year exceeds 1,095 barrels or barrel equivalents.
       ``(B) Proportionate reductions.--
       ``(i) Short taxable years.--In the case of a short taxable 
     year, the limitations under this paragraph shall be 
     proportionately reduced to reflect the ratio which the number 
     of days in such taxable year bears to 365.
       ``(ii) Wells not in production entire year.--In the case of 
     a well which is not capable of production during each day of 
     a taxable year, the limitations under this paragraph 
     applicable to the well shall be proportionately reduced to 
     reflect the ratio which the number of days of production 
     bears to the total number of days in the taxable year.
       ``(3) Definitions.--
       ``(A) Qualified marginal well.--The term `qualified 
     marginal well' means a domestic well--
       ``(i) the production from which during the taxable year is 
     treated as marginal production under section 613A(c)(6), or
       ``(ii) which, during the taxable year--

       ``(I) has average daily production of not more than 25 
     barrel equivalents, and
       ``(II) produces water at a rate not less than 95 percent of 
     total well effluent.

       ``(B) Crude oil, etc.--The terms `crude oil', `natural 
     gas', `domestic', and `barrel' have the meanings given such 
     terms by section 613A(e).
       ``(C) Barrel equivalent.--The term `barrel equivalent' 
     means, with respect to natural gas, a conversation ratio of 
     6,000 cubic feet of natural gas to 1 barrel of crude oil.
       ``(d) Other Rules.--
       ``(1) Production attributable to the taxpayer.--In the case 
     of a qualified marginal well in which there is more than one 
     owner of operating interests in the well and the crude oil or 
     natural gas production exceeds the limitation under 
     subsection (c)(2), qualifying crude oil production or 
     qualifying natural gas production attributable to the 
     taxpayer shall be determined on the basis of the ratio which 
     taxpayer's revenue interest in the production bears to the 
     aggregate of the revenue interests of all operating interest 
     owners in the production.
       ``(2) Operating interest required.--Any credit under this 
     section may be claimed only on production which is 
     attributable to the holder of an operating interest.
       ``(3) Production from nonconventional sources excluded.--In 
     the case of production from a qualified marginal well which 
     is eligible for the credit allowed under section 29 for the 
     taxable year, no credit shall be allowable under this section 
     unless the taxpayer elects not to claim the credit under 
     section 29 with respect to the well.
       ``(4) Noncompliance with pollution laws.--For purposes of 
     subsection (c)(3)(A), a marginal well which is not in 
     compliance with the applicable State and Federal pollution 
     prevention, control, and permit requirements for any period 
     of time shall not be considered to be a qualified marginal 
     well during such period.''.
       (b) Credit Treated as Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (20), by striking the period at the end of 
     paragraph (21) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(22) the marginal oil and gas well production credit 
     determined under section 45K(a).''.
       (c) No Carryback of Marginal Oil and Gas Well Production 
     Credit Before Effective Date.--Subsection (d) of section 39, 
     as amended by this Act, is amended by adding at the end the 
     following new paragraph:
       ``(19) No carryback of marginal oil and gas well production 
     credit before effective date.--No portion of the unused 
     business credit for any taxable year which is attributable to 
     the marginal oil and gas well production credit determined 
     under section 45K may be carried back to a taxable  year 
     ending on or before the date of the enactment of such 
     section.''.
       (d) Coordination With Section 29.--Section 29(a) is amended 
     by striking ``There'' and inserting ``At the election of the 
     taxpayer, there''.
       (e) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45K. Credit for producing oil and gas from marginal wells.''.

       (f) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     the date of the enactment of this Act.

     SEC. 502. NATURAL GAS GATHERING LINES TREATED AS 7-YEAR 
                   PROPERTY.

       (a) In General.--Subparagraph (C) of section 168(e)(3) 
     (relating to classification of certain property) is amended 
     by striking ``and'' at the end of clause (i), by 
     redesignating clause (ii) as clause (iii), and by inserting 
     after clause (i) the following new clause:
       ``(ii) any natural gas gathering line, and''.
       (b) Natural Gas Gathering Line.--Subsection (i) of section 
     168, as amended by this Act, is amended by adding at the end 
     the following new paragraph:
       ``(16) Natural gas gathering line.--The term `natural gas 
     gathering line' means--
       ``(A) the pipe, equipment, and appurtenances determined to 
     be a gathering line by the Federal Energy Regulatory 
     Commission, or
       ``(B) the pipe, equipment, and appurtenances used to 
     deliver natural gas from the wellhead or a commonpoint to the 
     point at which such gas first reaches--
       ``(i) a gas processing plant,
       ``(ii) an interconnection with a transmission pipeline 
     certificated by the Federal Energy Regulatory Commission as 
     an interstate transmission pipeline,
       ``(iii) an interconnection with an intrastate transmission 
     pipeline, or
       ``(iv) a direct interconnection with a local distribution 
     company, a gas storage facility, or an industrial 
     consumer.''.
       (c) Alternative System.--The table contained in section 
     168(g)(3)(B) is amended by inserting after the item relating 
     to subparagraph (C)(i) the following new item:

``(C)(ii).........................................................10''.

       (d) 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.

     SEC. 503. EXPENSING OF CAPITAL COSTS INCURRED IN COMPLYING 
                   WITH ENVIRONMENTAL PROTECTION AGENCY SULFUR 
                   REGULATIONS.

       (a) In General.--Part VI of subchapter B of chapter 1 
     (relating to itemized deductions for individuals and 
     corporations), as amended by this Act, is amended by 
     inserting after section 179C the following new section:

     ``SEC. 179D. DEDUCTION FOR CAPITAL COSTS INCURRED IN 
                   COMPLYING WITH ENVIRONMENTAL PROTECTION AGENCY 
                   SULFUR REGULATIONS.

       ``(a) Treatment as Expense.--
       ``(1) In general.--A small business refiner may elect to 
     treat any qualified capital costs as an expense which is not 
     chargeable to capital account. Any qualified cost which is so 
     treated shall be allowed as a deduction for the taxable year 
     in which the cost is paid or incurred.
       ``(2) Limitation.--
       ``(A) In general.--The aggregate costs which may be taken 
     into account under this subsection for any taxable year may 
     not exceed the applicable percentage of the qualified capital 
     costs paid or incurred for the taxable year.
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A)--
       ``(i) In general.--Except as provided in clause (ii), the 
     applicable percentage is 75 percent.
       ``(ii) Reduced percentage.--In the case of a small business 
     refiner with average daily refinery runs for the period 
     described in subsection (b)(2) in excess of 155,000 barrels, 
     the percentage described in clause (i) shall be reduced (not 
     below zero) by the product of such percentage (before the 
     application of this clause) and the ratio of such excess to 
     50,000 barrels.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Qualified capital costs.--The term `qualified capital 
     costs' means any costs which--
       ``(A) are otherwise chargeable to capital account, and
       ``(B) are paid or incurred for the purpose of complying 
     with the Highway Diesel Fuel Sulfur Control Requirement of 
     the Environmental Protection Agency, as in effect on

[[Page S3542]]

     the date of the enactment of this section, with respect to a 
     facility placed in service by the taxpayer before such date.
       ``(2) Small business refiner.--The term `small business 
     refiner' means, with respect to any taxable year, a refiner 
     of crude oil, which, within the refinery operations of the 
     business, employs not more than 1,500 employees on any day 
     during such taxable year and whose average daily refinery run 
     for the 1-year period ending on the date of the enactment of 
     this section did not exceed 205,000 barrels.
       ``(c) Coordination With Other Provisions.--Section 280B 
     shall not apply to amounts which are treated as expenses 
     under this section.
       ``(d) Basis Reduction.--For purposes of this title, the 
     basis of any property shall be reduced by the portion of the 
     cost of such property taken into account under subsection 
     (a).
       ``(e) Controlled Groups.--For purposes of this section, all 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 shall be treated as a single 
     employer.''.
       (b) Conforming Amendments.--
       (1) Section 263(a)(1), as amended by this Act, is amended 
     by striking ``or'' at the end of subparagraph (I), by 
     striking the period at the end of subparagraph (J) and 
     inserting ``, or'', and by inserting after subparagraph (J) 
     the following new subparagraph:
       ``(K) expenditures for which a deduction is allowed under 
     section 179D.''.
       (2) Section 263A(c)(3) is amended by inserting ``179C,'' 
     after ``section''.
       (3) Section 312(k)(3)(B), as amended by this Act, is 
     amended by striking ``or 179C'' each place it appears in the 
     heading and text and inserting ``, 179C, or 179D''.
       (4) Section 1016(a), as amended by this Act, is amended by 
     striking ``and'' at the end of paragraph (33), by striking 
     the period at the end of paragraph (34) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(35) to the extent provided in section 179D(d).''.
       (5) Section 1245(a), as amended by this Act, is amended by 
     inserting ``179D,'' after ``179C,'' both places it appears in 
     paragraphs (2)(C) and (3)(C).
       (6) The table of sections for part VI of subchapter B of 
     chapter 1, as amended by this Act, is amended by inserting 
     after section 179C the following new item:

``Sec. 179D. Deduction for capital costs incurred in complying with 
              Environmental Protection Agency sulfur regulations.''.

       (c) Effective Date.--The amendment made by this section 
     shall apply to expenses paid or incurred after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 504. ENVIRONMENTAL TAX CREDIT.

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

     ``SEC. 45L. ENVIRONMENTAL TAX CREDIT.

       ``(a) In General.--For purposes of section 38, the amount 
     of the environmental tax credit determined under this section 
     with respect to any small business refiner for any taxable 
     year is an amount equal to 5 cents for every gallon of 15 
     parts per million or less sulfur diesel produced at a 
     facility by such small business refiner during such taxable 
     year.
       ``(b) Maximum Credit.--
       ``(1) In general.--For any small business refiner, the 
     aggregate amount determined under subsection (a) for any 
     taxable year with respect to any facility shall not exceed 
     the applicable percentage of the qualified capital costs paid 
     or incurred by such small business refiner with respect to 
     such facility during the applicable period, reduced by the 
     credit allowed under subsection (a) for any preceding year.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1)--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the applicable percentage is 25 percent.
       ``(B) Reduced percentage.--The percentage described in 
     subparagraph (A) shall be reduced in the same manner as under 
     section 179D(a)(2)(B)(ii).
       ``(c) Definitions.--For purposes of this section--
       ``(1) In general.--The terms `small business refiner' and 
     `qualified capital costs' have the same meaning as given in 
     section 179D.
       ``(2) Applicable period.--The term `applicable period' 
     means, with respect to any facility, the period beginning on 
     the day after the date which is 1 year after the date of the 
     enactment of this section and ending with the date which is 1 
     year after the date on which the taxpayer must comply with 
     the applicable EPA regulations with respect to such facility.
       ``(3) Applicable epa regulations.--The term `applicable EPA 
     regulations' means the Highway Diesel Fuel Sulfur Control 
     Requirements of the Environmental Protection Agency, as in 
     effect on the date of the enactment of this section.
       ``(d) Certification.--
       ``(1) Required.--Not later than the date which is 30 months 
     after the first day of the first taxable year in which the 
     environmental tax credit is allowed with respect to qualified 
     capital costs paid or incurred with respect to a facility, 
     the small business refiner shall obtain a certification from 
     the Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, that the taxpayer's 
     qualified capital costs with respect to such facility will 
     result in compliance with the applicable EPA regulations.
       ``(2) Contents of application.--An application for 
     certification shall include relevant information regarding 
     unit capacities and operating characteristics sufficient for 
     the Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, to determine that such 
     qualified capital costs are necessary for compliance with the 
     applicable EPA regulations.
       ``(3) Review period.--Any application shall be reviewed and 
     notice of certification, if applicable, shall be made within 
     60 days of receipt of such application. In the event the 
     Secretary does not notify the taxpayer of the results of such 
     certification within such period, the taxpayer may presume 
     the certification to be issued until so notified.
       ``(4) Statute of limitations.--With respect to the credit 
     allowed under this section--
       ``(A) the statutory period for the assessment of any 
     deficiency attributable to such credit shall not expire 
     before the end of the 3-year period ending on the date that 
     the review period described in paragraph (3) ends, and
       ``(B) such deficiency may be assessed before the expiration 
     of such 3-year period notwithstanding the provisions of any 
     other law or rule of law which would otherwise prevent such 
     assessment.
       ``(e) Controlled Groups.--For purposes of this section, all 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 shall be treated as a single 
     employer.
       ``(f) Cooperative Organizations.--
       ``(1) Apportionment of credit.--In the case of a 
     cooperative organization described in section 1381(a), any 
     portion of the credit determined under subsection (a) of this 
     section, for the taxable year may, at the election of the 
     organization, be apportioned among patrons eligible to share 
     in patronage dividends on the basis of the quantity or value 
     of business done with or for such patrons for the taxable 
     year. Such an election shall be irrevocable for such taxable 
     year.
       ``(2) Treatment of organizations and patrons.--
       ``(A) Organizations.--The amount of the credit not 
     apportioned to patrons pursuant to paragraph (1) shall be 
     included in the amount determined under subsection (a) for 
     the taxable year of the organization.
       ``(B) Patrons.--The amount of the credit apportioned to 
     patrons pursuant to paragraph (1) shall be included in the 
     amount determined under subsection (a) for the first taxable 
     year of each patron ending on or after the last day of the 
     payment period (as defined in section 1382(d)) for the 
     taxable year of the organization or, if earlier, for the 
     taxable year of each patron ending on or after the date on 
     which the patron receives notice from the cooperative of the 
     apportionment.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 (relating to general business 
     credit), as amended by this Act, is amended by striking 
     ``plus'' at the end of paragraph (21), by striking the period 
     at the end of paragraph (22) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(23) in the case of a small business refiner, the 
     environmental tax credit determined under section 45L(a).''.
       (c) Denial of Double Benefit.--Section 280C (relating to 
     certain expenses for which credits are allowable), as amended 
     by this Act, is amended by adding after subsection (d) the 
     following new subsection:
       ``(e) Environmental Tax Credit.--No deduction shall be 
     allowed for that portion of the expenses otherwise allowable 
     as a deduction for the taxable year which is equal to the 
     amount of the credit determined for the taxable year under 
     section 45L(a).''.
       (d) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45L. Environmental tax credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to expenses paid or incurred after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 505. DETERMINATION OF SMALL REFINER EXCEPTION TO OIL 
                   DEPLETION DEDUCTION.

       (a) In General.--Paragraph (4) of section 613A(d) (relating 
     to certain refiners excluded) is amended to read as follows:
       ``(4) Certain refiners excluded.--If the taxpayer or 1 or 
     more related persons engages in the refining of crude oil, 
     subsection (c) shall not apply to the taxpayer for a taxable 
     year if the average daily refinery runs of the taxpayer and 
     such persons for the taxable year exceed 60,000 barrels. For 
     purposes of this paragraph, the average daily refinery runs 
     for any taxable year shall be determined by dividing the 
     aggregate refinery runs for the taxable year by the number of 
     days in the taxable year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

[[Page S3543]]

     SEC. 506. MARGINAL PRODUCTION INCOME LIMIT EXTENSION.

       Section 613A(c)(6)(H) (relating to temporary suspension of 
     taxable income limit with respect to marginal production) is 
     amended by striking ``2004'' and inserting ``2007''.

     SEC. 507. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL 
                   EXPENDITURES.

       (a) In General.--Part VI of subchapter B of chapter 1, as 
     amended by this Act, is amended by adding at the end the 
     following new section:

     ``SEC. 199. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL 
                   EXPENDITURES FOR DOMESTIC OIL AND GAS WELLS.

       ``A taxpayer shall be entitled to an amortization deduction 
     with respect to any geological and geophysical expenses 
     incurred in connection with the exploration for, or 
     development of, oil or gas within the United States (as 
     defined in section 638) based on a period of 24 months 
     beginning with the month in which such expenses were 
     incurred.''.
       (b) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1, as amended by this Act, is 
     amended by adding at the end the following new item:

``Sec. 199. Amortization of geological and geophysical expenditures for 
              domestic oil and gas wells.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.

     SEC. 508. AMORTIZATION OF DELAY RENTAL PAYMENTS.

       (a) In General.--Part VI of subchapter B of chapter 1, as 
     amended by this Act, is amended by adding at the end the 
     following new section:

     ``SEC. 199A. AMORTIZATION OF DELAY RENTAL PAYMENTS FOR 
                   DOMESTIC OIL AND GAS WELLS.

       ``(a) In General.--A taxpayer shall be entitled to an 
     amortization deduction with respect to any delay rental 
     payments incurred in connection with the development of oil 
     or gas within the United States (as defined in section 638) 
     based on a period of 24 months beginning with the month in 
     which such payments were incurred.''.
       ``(b) Delay rental payments.--For purposes of this section, 
     the term `delay rental payment' means an amount paid for the 
     privilege of deferring development of an oil or gas well 
     under an oil or gas lease.''.
       (b) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1, as amended by this Act, is 
     amended by adding at the end the following new item:

``Sec. 199A. Amortization of delay rental payments for domestic oil and 
              gas wells.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.

     SEC. 509. STUDY OF COAL BED METHANE.

       (a) In General.--The Secretary of the Treasury shall study 
     the effect of section 29 of the Internal Revenue Code of 1986 
     on the production of coal bed methane.
       (b) Contents of Study.--The study under subsection (a) 
     shall estimate the total amount of credits under section 29 
     of the Internal Revenue Code of 1986 claimed annually and in 
     the aggregate which are related to the production of coal bed 
     methane since the date of the enactment of such section 29. 
     Such study shall report the annual value of such credits 
     allowable for coal bed methane compared to the average annual 
     wellhead price of natural gas (per thousand cubic feet of 
     natural gas). Such study shall also estimate the incremental 
     increase in production of coal bed methane that has resulted 
     from the enactment of such section 29, and the cost to the 
     Federal Government, in terms of the net tax benefits claimed, 
     per thousand cubic feet of incremental coal bed methane 
     produced annually and in the aggregate since such enactment.

     SEC. 510. EXTENSION AND MODIFICATION OF CREDIT FOR PRODUCING 
                   FUEL FROM A NONCONVENTIONAL SOURCE.

       (a) In General.--Section 29 is amended by adding at the end 
     the following new subsection:
       ``(h) Extension for Other Facilities.--
       ``(1) Oil and gas.--In the case of a well or facility for 
     producing qualified fuels described in subparagraph (A) or 
     (B) of subsection (c)(1) which was drilled or placed in 
     service after the date of the enactment of this subsection 
     and before January 1, 2005, notwithstanding subsection (f), 
     this section shall apply with respect to such fuels produced 
     at such well or facility not later than the close of the 3-
     year period beginning on the date that such well is drilled 
     or such facility is placed in service.
       ``(2) Facilities producing refined coal.--
       ``(A) In general.--In the case of a facility described in 
     subparagraph (C) for producing refined coal which was placed 
     in service after the date of the enactment of this subsection 
     and before January 1, 2007, this section shall apply with 
     respect to fuel produced at such facility not later than the 
     close of the 5-year period beginning on the date such 
     facility is placed in service.
       ``(B) Refined coal.--For purposes of this paragraph, the 
     term `refined coal' means a fuel which is a liquid, gaseous, 
     or solid synthetic fuel produced from coal (including 
     lignite) or high carbon fly ash, including such fuel used as 
     a feedstock.
       ``(C) Covered facilities.--
       ``(i) In general.--A facility is described in this 
     subparagraph if such facility produces refined coal using a 
     technology that results in--

       ``(I) a qualified emission reduction, and
       ``(II) a qualified enhanced value.

       ``(ii) Qualified emission reduction.--For purposes of this 
     subparagraph, the term `qualified emission reduction' means a 
     reduction of at least 20 percent of the emissions of nitrogen 
     oxide and either sulfur dioxide or mercury released when 
     burning the refined coal (excluding any dilution caused by 
     materials combined or added during the production process), 
     as compared to the emissions released when burning the 
     feedstock coal or comparable coal predominantly available in 
     the marketplace as of January 1, 2003.
       ``(iii) Qualified enhanced value.--For purposes of this 
     subparagraph, the term `qualified enhanced value' means an 
     increase of at least 50 percent in the market value of the 
     refined coal (excluding any increase caused by materials 
     combined or added during the production process), as compared 
     to the value of the feedstock coal.
       ``(iii) Qualifying advanced clean coal technology 
     facilities excluded.--A facility described in this 
     subparagraph shall not include a qualifying advanced clean 
     coal technology facility (as defined in section 48A(b)).
       ``(3) Wells producing viscous oil.--
       ``(A) In general.--In the case of a well for producing 
     viscous oil which was placed in service after the date of the 
     enactment of this subsection and before January 1, 2005, this 
     section shall apply with respect to fuel produced at such 
     well not later than the close of the 3-year period beginning 
     on the date such well is placed in service.
       ``(B) Viscous oil.--The term ``viscous oil' means heavy 
     oil, as defined in section 613A(c)(6), except that--
       ``(i) `22 degrees' shall be substituted for `20 degrees' in 
     applying subparagraph (F) thereof, and
       ``(ii) in all cases, the oil gravity shall be measured from 
     the initial well-head samples, drill cuttings, or down hole 
     samples.
       ``(C) Waiver of unrelated person requirement.--In the case 
     of viscous oil, the requirement under subsection (a)(1)(B)(i) 
     of a sale to an unrelated person shall not apply to any sale 
     to the extent that the viscous oil is not consumed in the 
     immediate vicinity of the wellhead.
       ``(4) Coalmine methane gas.--
       ``(A) In general.--This section shall apply to coalmine 
     methane gas--
       ``(i) captured or extracted by the taxpayer after the date 
     of the enactment of this subsection and before January 1, 
     2005, and
       ``(ii) utilized as a fuel source or sold by or on behalf of 
     the taxpayer to an unrelated person after the date of the 
     enactment of this subsection and before January 1, 2005.
       ``(B) Coalmine methane gas.--For purposes of this 
     paragraph, the term `coalmine methane gas' means any methane 
     gas which is--
       ``(i) liberated during qualified coal mining operations, or
       ``(ii) extracted up to 5 years in advance of qualified coal 
     mining operations as part of a specific plan to mine a coal 
     deposit.
       ``(C) Special rule for advanced extraction.--In the case of 
     coalmine methane gas which is captured in advance of 
     qualified coal mining operations, the credit under subsection 
     (a) shall be allowed only after the date the coal extraction 
     occurs in the immediate area where the coalmine methane gas 
     was removed.
       ``(D) Noncompliance with pollution laws.--For purposes of 
     subparagraphs (B) and (C), coal mining operations which are 
     not in compliance with the applicable State and Federal 
     pollution prevention, control, and permit requirements for 
     any period of time shall not be considered to be qualified 
     coal mining operations during such period.
       ``(5) Facilities producing fuels from agricultural and 
     animal waste.--
       ``(A) In general.--In the case of facility for producing 
     liquid, gaseous, or solid fuels from qualified agricultural 
     and animal wastes, including such fuels when used as 
     feedstocks, which was placed in service after the date of the 
     enactment of this subsection and before January 1, 2005, this 
     section shall apply with respect to fuel produced at such 
     facility not later than the close of the 3-year period 
     beginning on the date such facility is placed in service.
       ``(B) Qualified agricultural and animal waste.--For 
     purposes of this paragraph, the term `qualified agricultural 
     and animal waste' means agriculture and animal waste, 
     including by-products, packaging, and any materials 
     associated with the processing, feeding, selling, 
     transporting, or disposal of agricultural or animal products 
     or wastes, including wood shavings, straw, rice hulls, and 
     other bedding for the disposition of manure.
       ``(6) Credit amount.--In determining the amount of credit 
     allowable under this section solely by reason of this 
     subsection, the dollar amount applicable under subsection 
     (a)(1) shall be $3 (without regard to subsection (b)(2)).''.
       (b) Extension for certain fuel produced at existing 
     facilities.--Paragraph (2) of section 29(f) (relating to 
     application of section) is amended by inserting ``(January 1, 
     2005, in the case of any coke, coke gas, or natural gas and 
     byproducts produced by coal gasification from lignite in a 
     facility described in paragraph (1)(B))'' after ``January 1, 
     2003''.

[[Page S3544]]

       (c) Effective Date.--The amendment made by this section 
     shall apply to fuel sold after the date of the enactment of 
     this Act, in taxable years ending after such date.

     SEC. 511. NATURAL GAS DISTRIBUTION LINES TREATED AS 15-YEAR 
                   PROPERTY.

       (a) In General.--Subparagraph (E) of section 168(e)(3) 
     (relating to classification of certain property) is amended 
     by striking ``and'' at the end of clause (ii), by striking 
     the period at the end of clause (iii) and by inserting ``, 
     and'', and by adding at the end the following new clause:
       ``(iv) any natural gas distribution line.''.
       (b) Alternative System.--The table contained in section 
     168(g)(3)(B), as amended by this Act, is amended by adding 
     after the item relating to subparagraph (E)(iii) the 
     following new item:

``(E)(iv).........................................................20''.

       (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, in taxable years ending after such 
     date.

          TITLE VI--ELECTRIC UTILITY RESTRUCTURING PROVISIONS

     SEC. 601. ONGOING STUDY AND REPORTS REGARDING TAX ISSUES 
                   RESULTING FROM FUTURE RESTRUCTURING DECISIONS.

       (a) Ongoing Study.--The Secretary of the Treasury, after 
     consultation with the Federal Energy Regulatory Commission, 
     shall undertake an ongoing study of Federal tax issues 
     resulting from nontax decisions on the restructuring of the 
     electric industry. In particular, the study shall focus on 
     the effect on tax-exempt bonding authority of public power 
     entities and on corporate restructuring which results from 
     the restructuring of the electric industry.
       (b) Regulatory Relief.--In connection with the study 
     described in subsection (a), the Secretary of the Treasury 
     should exercise the Secretary's authority, as appropriate, to 
     modify or suspend regulations that may impede an electric 
     utility company's ability to reorganize its capital stock 
     structure to respond to a competitive marketplace.
       (c) Reports.--The Secretary of the Treasury shall report to 
     the Committee on Finance of the Senate and the Committee on 
     Ways and Means of the House of Representatives not later than 
     December 31, 2003, regarding Federal tax issues identified 
     under the study described in subsection (a), and at least 
     annually thereafter, regarding such issues identified since 
     the preceding report. Such reports shall also include such 
     legislative recommendations regarding changes to the private 
     business use rules under subpart A of part IV of subchapter B 
     of chapter 1 of the Internal Revenue Code of 1986 as the 
     Secretary of the Treasury deems necessary. The reports shall 
     continue until such time as the Federal Energy Regulatory 
     Commission has completed the restructuring of the electric 
     industry.

     SEC. 602. MODIFICATIONS TO SPECIAL RULES FOR NUCLEAR 
                   DECOMMISSIONING COSTS.

       (a) Repeal of Limitation on Deposits Into Fund Based on 
     Cost of Service; Contributions After Funding Period.--
     Subsection (b) of section 468A is amended to read as follows:
       ``(b) Limitation on Amounts Paid Into Fund.--The amount 
     which a taxpayer may pay into the Fund for any taxable year 
     shall not exceed the ruling amount applicable to such taxable 
     year.''.
       (b) Clarification of Treatment of Fund Transfers.--
     Subsection (e) of section 468A is amended by adding at the 
     end the following new paragraph:
       ``(8) Treatment of fund transfers.--If, in connection with 
     the transfer of the taxpayer's interest in a nuclear power 
     plant, the taxpayer transfers the Fund with respect to such 
     power plant to the transferee of such interest and the 
     transferee elects to continue the application of this section 
     to such Fund--
       ``(A) the transfer of such Fund shall not cause such Fund 
     to be disqualified from the application of this section, and
       ``(B) no amount shall be treated as distributed from such 
     Fund, or be includible in gross income, by reason of such 
     transfer.''.
       (c) Deduction for Nuclear Decommissioning Costs When 
     Paid.--Paragraph (2) of section 468A(c) is amended to read as 
     follows:
       ``(2) Deduction of nuclear decommissioning costs.--In 
     addition to any deduction under subsection (a), nuclear 
     decommissioning costs paid or incurred by the taxpayer during 
     any taxable year shall constitute ordinary and necessary 
     expenses in carrying on a trade or business under section 
     162.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 603. TREATMENT OF CERTAIN INCOME OF COOPERATIVES.

       (a) Income From Open Access and Nuclear Decommissioning 
     Transactions.--
       (1) In general.--Subparagraph (C) of section 501(c)(12) is 
     amended by striking ``or'' at the end of clause (i), by 
     striking clause (ii), and by adding at the end the following 
     new clauses:
       ``(ii) from any open access transaction (other than income 
     received or accrued directly or indirectly from a member),
       ``(iii) from any nuclear decommissioning transaction,
       ``(iv) from any asset exchange or conversion transaction, 
     or
       ``(v) from the prepayment of any loan, debt, or obligation 
     made, insured, or guaranteed under the Rural Electrification 
     Act of 1936.''.
       (2) Definitions and special rules.--Paragraph (12) of 
     section 501(c) is amended by adding at the end the following 
     new subparagraphs:
       ``(E) For purposes of subparagraph (C)(ii)--
       ``(i) The term `open access transaction' means any 
     transaction meeting the open access requirements of any of 
     the following subclauses with respect to a mutual or 
     cooperative electric company:

       ``(I) The provision or sale of transmission service or 
     ancillary services meets the open access requirements of this 
     subclause only if such services are provided on a 
     nondiscriminatory open access basis pursuant to an open 
     access transmission tariff filed with and approved by FERC, 
     including an acceptable reciprocity tariff, or under a 
     regional transmission organization agreement approved by 
     FERC.
       ``(II) The provision or sale of electric energy 
     distribution services or ancillary services meets the open 
     access requirements of this subclause only if such services 
     are provided on a nondiscriminatory open access basis to end-
     users served by distribution facilities owned by the mutual 
     or cooperative electric company (or its members).
       ``(III) The delivery or sale of electric energy generated 
     by a generation facility meets the open access requirements 
     of this subclause only if such facility is directly connected 
     to distribution facilities owned by the mutual or cooperative 
     electric company (or its members) which owns the generation 
     facility, and such distribution facilities meet the open 
     access requirements of subclause (II).

       ``(ii) Clause (i)(I) shall apply in the case of a 
     voluntarily filed tariff only if the mutual or cooperative 
     electric company files a report with FERC within 90 days 
     after the date of the enactment of this subparagraph relating 
     to whether or not such company will join a regional 
     transmission organization.
       ``(iii) A mutual or cooperative electric company shall be 
     treated as meeting the open access requirements of clause 
     (i)(I) if a regional transmission organization controls the 
     transmission facilities.
       ``(iv) References to FERC in this subparagraph shall be 
     treated as including references to the Public Utility 
     Commission of Texas with respect to any ERCOT utility (as 
     defined in section 212(k)(2)(B) of the Federal Power Act (16 
     U.S.C. 824k(k)(2)(B))) or references to the Rural Utilities 
     Service with respect to any other facility not subject to 
     FERC jurisdiction.
       ``(v) For purposes of this subparagraph--

       ``(I) The term `transmission facility' means an electric 
     output facility (other than a generation facility) that 
     operates at an electric voltage of 69 kV or greater. To the 
     extent provided in regulations, such term includes any output 
     facility that FERC determines is a transmission facility 
     under standards applied by FERC under the Federal Power Act 
     (as in effect on the date of the enactment of the Energy Tax 
     Incentives Act of 2003).
       ``(II) The term `regional transmission organization' 
     includes an independent system operator.
       ``(III) The term `FERC' means the Federal Energy Regulatory 
     Commission.

       ``(F) The term `nuclear decommissioning transaction' 
     means--
       ``(i) any transfer into a trust, fund, or instrument 
     established to pay any nuclear decommissioning costs if the 
     transfer is in connection with the transfer of the mutual or 
     cooperative electric company's interest in a nuclear power 
     plant or nuclear power plant unit,
       ``(ii) any distribution from any trust, fund, or instrument 
     established to pay any nuclear decommissioning costs, or
       ``(iii) any earnings from any trust, fund, or instrument 
     established to pay any nuclear decommissioning costs.
       ``(G) The term `asset exchange or conversion transaction' 
     means any voluntary exchange or involuntary conversion of any 
     property related to generating, transmitting, distributing, 
     or selling electric energy by a mutual or cooperative 
     electric company, the gain from which qualifies for deferred 
     recognition under section 1031 or 1033, but only if the 
     replacement property acquired by such company pursuant to 
     such section constitutes property which is used, or to be 
     used, for--
       ``(i) generating, transmitting, distributing, or selling 
     electric energy, or
       ``(ii) producing, transmitting, distributing, or selling 
     natural gas.''.
       (b) Treatment of Income From Load Loss Transactions.--
     Paragraph (12) of section 501(c), as amended by subsection 
     (a)(2), is amended by adding after subparagraph (G) the 
     following new subparagraph:
       ``(H)(i) In the case of a mutual or cooperative electric 
     company described in this paragraph or an organization 
     described in section 1381(a)(2)(C), income received or 
     accrued from a load loss transaction shall be treated as an 
     amount collected from members for the sole purpose of meeting 
     losses and expenses.
       ``(ii) For purposes of clause (i), the term `load loss 
     transaction' means any wholesale or retail sale of electric 
     energy (other than to members) to the extent that the 
     aggregate sales during the recovery period does not exceed 
     the load loss mitigation sales limit for such period.

[[Page S3545]]

       ``(iii) For purposes of clause (ii), the load loss 
     mitigation sales limit for the recovery period is the sum of 
     the annual load losses for each year of such period.
       ``(iv) For purposes of clause (iii), a mutual or 
     cooperative electric company's annual load loss for each year 
     of the recovery period is the amount (if any) by which--
       ``(I) the megawatt hours of electric energy sold during 
     such year to members of such electric company are less than
       ``(II) the megawatt hours of electric energy sold during 
     the base year to such members.
       ``(v) For purposes of clause (iv)(II), the term `base year' 
     means--
       ``(I) the calendar year preceding the start-up year, or
       ``(II) at the election of the electric company, the second 
     or third calendar years preceding the start-up year.
       ``(vi) For purposes of this subparagraph, the recovery 
     period is the 7-year period beginning with the start-up year.
       ``(vii) For purposes of this subparagraph, the start-up 
     year is the calendar year which includes the date of the 
     enactment of this subparagraph or, if later, at the election 
     of the mutual or cooperative electric company--
       ``(I) the first year that such electric company offers 
     nondiscriminatory open access, or
       ``(II) the first year in which at least 10 percent of such 
     electric company's sales are not to members of such electric 
     company.
       ``(viii) A company shall not fail to be treated as a mutual 
     or cooperative company for purposes of this paragraph or as a 
     corporation operating on a cooperative basis for purposes of 
     section 1381(a)(2)(C) by reason of the treatment under clause 
     (i).
       ``(ix) In the case of a mutual or cooperative electric 
     company, income from any open access transaction received, or 
     accrued, indirectly from a member shall be treated as an 
     amount collected from members for the sole purpose of meeting 
     losses and expenses.''.
       (c) Exception From Unrelated Business Taxable Income.--
     Subsection (b) of section 512 (relating to modifications) is 
     amended by adding at the end the following new paragraph:
       ``(18) Treatment of mutual or cooperative electric 
     companies.--In the case of a mutual or cooperative electric 
     company described in section 501(c)(12), there shall be 
     excluded income which is treated as member income under 
     subparagraph (H) thereof.''.
       (d) Cross Reference.--Section 1381 is amended by adding at 
     the end the following new subsection:
       ``(c) Cross Reference.--

  ``For treatment of income from load loss transactions of 
organizations described in subsection (a)(2)(C), see section 
501(c)(12)(H).''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 604. SALES OR DISPOSITIONS TO IMPLEMENT FEDERAL ENERGY 
                   REGULATORY COMMISSION OR STATE ELECTRIC 
                   RESTRUCTURING POLICY.

       (a) In General.--Section 451 (relating to general rule for 
     taxable year of inclusion) is amended by adding at the end 
     the following new subsection:
       ``(i) Special Rule for Sales or Dispositions To Implement 
     Federal Energy Regulatory Commission or State Electric 
     Restructuring Policy.--
       ``(1) In general.--For purposes of this subtitle, if a 
     taxpayer elects the application of this subsection to a 
     qualifying electric transmission transaction in any taxable 
     year--
       ``(A) any ordinary income derived from such transaction 
     which would be required to be recognized under section 1245 
     or 1250 for such taxable year (determined without regard to 
     this subsection), and
       ``(B) any income derived from such transaction in excess of 
     such ordinary income which is required to be included in 
     gross income for such taxable year,

     shall be so recognized and included ratably over the 8-
     taxable year period beginning with such taxable year.
       ``(2) Qualifying electric transmission transaction.--For 
     purposes of this subsection, the term `qualifying electric 
     transmission transaction' means any sale or other disposition 
     before January 1, 2007, of--
       ``(A) property used by the taxpayer in the trade or 
     business of providing electric transmission services, or
       ``(B) any stock or partnership interest in a corporation or 
     partnership, as the case may be, whose principal trade or 
     business consists of providing electric transmission 
     services,
     but only if such sale or disposition is to an independent 
     transmission company.
       ``(3) Independent transmission company.--For purposes of 
     this subsection, the term `independent transmission company' 
     means--
       ``(A) a regional transmission organization approved by the 
     Federal Energy Regulatory Commission,
       ``(B) a person--
       ``(i) who the Federal Energy Regulatory Commission 
     determines in its authorization of the transaction under 
     section 203 of the Federal Power Act (16 U.S.C. 824b) is not 
     a market participant within the meaning of such Commission's 
     rules applicable to regional transmission organizations, and
       ``(ii) whose transmission facilities to which the election 
     under this subsection applies are under the operational 
     control of a Federal Energy Regulatory Commission-approved 
     regional transmission organization before the close of the 
     period specified in such authorization, but not later than 
     the close of the period applicable under paragraph (1), or
       ``(C) in the case of facilities subject to the exclusive 
     jurisdiction of the Public Utility Commission of Texas, a 
     person which is approved by that Commission as consistent 
     with Texas State law regarding an independent transmission 
     organization.
       ``(4) Election.--An election under paragraph (1), once 
     made, shall be irrevocable.
       ``(5) Nonapplication of installment sales treatment.--
     Section 453 shall not apply to any qualifying electric 
     transmission transaction with respect to which an election to 
     apply this subsection is made.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to transactions occurring after the date of the 
     enactment of this Act.

     SEC. 605. TREATMENT OF CERTAIN DEVELOPMENT INCOME OF 
                   COOPERATIVES.

       (a) In General.--Subparagraph (C) of section 501(c)(12), as 
     amended by this Act, is amended by striking ``or'' at the end 
     of clause (iv), by striking the period at the end of clause 
     (v) and insert ``, or'', and by adding at the end the 
     following new clause:
       ``(vi) from the receipt before January 1, 2007, of any 
     money, property, capital, or any other contribution in aid of 
     construction or connection charge intended to facilitate the 
     provision of electric service for the purpose of developing 
     qualified fuels from nonconventional sources (within the 
     meaning of section 29).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

                    TITLE VII--ADDITIONAL PROVISIONS

     SEC. 701. EXTENSION OF ACCELERATED DEPRECIATION AND WAGE 
                   CREDIT BENEFITS ON INDIAN RESERVATIONS.

       (a) Special Recovery Period for Property on Indian 
     Reservations.--Section 168(j)(8) (relating to termination), 
     as amended by section 613(b) of the Job Creation and Worker 
     Assistance Act of 2002, is amended by striking ``2004'' and 
     inserting ``2005''.
       (b) Indian Employment Credit.--Section 45A(f) (relating to 
     termination), as amended by section 613(a) of the Job 
     Creation and Worker Assistance Act of 2002, is amended by 
     striking ``2004'' and inserting ``2005''.

     SEC. 702. STUDY OF EFFECTIVENESS OF CERTAIN PROVISIONS BY 
                   GAO.

       (a) Study.--The Comptroller General of the United States 
     shall undertake an ongoing analysis of--
       (1) the effectiveness of the alternative motor vehicles and 
     fuel incentives provisions under title II and the 
     conservation and energy efficiency provisions under title 
     III, and
       (2) the recipients of the tax benefits contained in such 
     provisions, including an identification of such recipients by 
     income and other appropriate measurements.

     Such analysis shall quantify the effectiveness of such 
     provisions by examining and comparing the Federal 
     Government's forgone revenue to the aggregate amount of 
     energy actually conserved and tangible environmental benefits 
     gained as a result of such provisions.
       (b) Reports.--The Comptroller General of the United States 
     shall report the analysis required under subsection (a) to 
     Congress not later than December 31, 2003, and annually 
     thereafter.

     SEC. 703. CREDIT FOR PRODUCTION OF ALASKA NATURAL GAS.

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

     ``SEC. 45M. ALASKA NATURAL GAS.

       ``(a) In General.--For purposes of section 38, the Alaska 
     natural gas credit of any taxpayer for any taxable year is 
     the credit amount per 1,000,000 Btu of Alaska natural gas 
     entering any intake or tie-in point which was derived from an 
     area of the State of Alaska lying north of 64 degrees North 
     latitude, which is attributable to the taxpayer and sold by 
     or on behalf of the taxpayer to an unrelated person during 
     such taxable year (within the meaning of section 45).
       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The credit amount per 1,000,000 Btu of 
     Alaska natural gas entering any intake or tie-in point which 
     was derived from an area of the State of Alaska lying north 
     of 64 degrees North latitude (determined in United States 
     dollars), is the excess of--
       ``(A) $3.25, over
       ``(B) the average monthly price at the AECO C Hub in 
     Alberta, Canada, for Alaska natural gas for the month in 
     which occurs the date of such entering.
       ``(2) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after the first calendar 
     year ending after the date described in subsection (g)(1), 
     the dollar amount contained in paragraph (1)(A) shall be 
     increased to an amount equal to such dollar amount multiplied 
     by the inflation adjustment factor for such calendar year 
     (determined under section 43(b)(3)(B) by substituting `the 
     calendar year ending before the date described in section 
     45M(g)(1)' for `1990').
       ``(c) Alaska Natural Gas.--For purposes of this section, 
     the term `Alaska natural gas'

[[Page S3546]]

     means natural gas entering any intake or tie-in point which 
     was derived from an area of the State of Alaska lying north 
     of 64 degrees North latitude produced in compliance with the 
     applicable State and Federal pollution prevention, control, 
     and permit requirements from the area generally known as the 
     North Slope of Alaska (including the continental shelf 
     thereof within the meaning of section 638(l)), determined 
     without regard to the area of the Alaska National Wildlife 
     Refuge (including the continental shelf thereof within the 
     meaning of section 638(l)).
       ``(d) Recapture.--
       ``(1) In general.--With respect to each 1,000,000 Btu of 
     Alaska natural gas entering any intake or tie-in point which 
     was derived from an area of the State of Alaska lying north 
     of 64 degrees North latitude after the date which is 3 years 
     after the date described in subsection (g)(1), if the average 
     monthly price described in subsection (b)(1)(B) exceeds 150 
     percent of the amount described in subsection (b)(1)(A) for 
     the month in which occurs the date of such entering, the 
     taxpayer's tax under this chapter for the taxable year shall 
     be increased by an amount equal to the lesser of--
       ``(A) such excess, or
       ``(B) the aggregate decrease in the credits allowed under 
     section 38 for all prior taxable years which would have 
     resulted if the Alaska natural gas credit received by the 
     taxpayer for such years had been zero.
       ``(2) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (1) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards and carrybacks under section 
     39 shall be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under this chapter or for purposes of section 55.
       ``(e) Application of Rules.--For purposes of this section, 
     rules similar to the rules of paragraphs (3), (4), and (5) of 
     section 45(d) shall apply.
       ``(f) No Double Benefit.--The amount of any deduction or 
     other credit allowable under this chapter for any fuel taken 
     into account in computing the amount of the credit determined 
     under subsection (a) shall be reduced by the amount of such 
     credit attributable to such fuel.
       ``(g) Application of Section.--This section shall apply to 
     Alaska natural gas entering any intake or tie-in point which 
     was derived from an area of the State of Alaska lying north 
     of 64 degrees North latitude for the period--
       ``(1) beginning with the later of--
       ``(A) January 1, 2010, or
       ``(B) the initial date for the interstate transportation of 
     such Alaska natural gas, and
       ``(2) except with respect to subsection (d), ending with 
     the date which is 15 years after the date described in 
     paragraph (1).''.
       (b) Credit Treated as Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (22), by striking the period at the end of 
     paragraph (23) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(24) The Alaska natural gas credit determined under 
     section 45M(a).''.
       (c) Allowing Credit Against Entire Regular Tax and Minimum 
     Tax.--
       (1) In general.--Subsection (c) of section 38 (relating to 
     limitation based on amount of tax), as amended by this Act, 
     is amended by redesignating paragraph (5) as paragraph (6) 
     and by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Special rules for alaska natural gas credit.--
       ``(A) In general.--In the case of the Alaska natural gas 
     credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--

       ``(I) the amounts in subparagraphs (A) and (B) thereof 
     shall be treated as being zero, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the Alaska 
     natural gas credit).

       ``(B) Alaska Natural Gas Credit.--For purposes of this 
     subsection, the term `Alaska natural gas credit' means the 
     credit allowable under subsection (a) by reason of section 
     45M(a).''.
       (2) Conforming amendments.--Subclause (II) of section 
     38(c)(2)(A)(ii), as amended by this Act, subclause (II) of 
     section 38(c)(3)(A)(ii), as amended by this Act, and 
     subclause (II) of section 38(c)(4)(A)(ii), as added by this 
     Act, are each amended by inserting ``or the Alaska natural 
     gas credit'' after ``producer credit''.
       (d) Clerical Amendment.--The table of sections for 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 item:

``Sec. 45M. Alaska natural gas.''.

     SEC. 704. SALE OF GASOLINE AND DIESEL FUEL AT DUTY-FREE SALES 
                   ENTERPRISES.

       (a) Prohibition.--Section 555(b) of the Tariff Act of 1930 
     (19 U.S.C. 1555(b)) is amended--
       (1) by redesignating paragraphs (6) through (8) as 
     paragraphs (7) through (9), respectively; and
       (2) by inserting after paragraph (5) the following:
       ``(6) Any gasoline or diesel fuel sold at a duty-free sales 
     enterprise shall be considered to be entered for consumption 
     into the customs territory of the United States.''.
       (b) Construction.--The amendments made by this section 
     shall not be construed to create any inference with respect 
     to the interpretation of any provision of law as such 
     provision was in effect on the day before the date of 
     enactment of this Act.
       (c) Effective date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 705. CLARIFICATION OF EXCISE TAX EXEMPTIONS FOR 
                   AGRICULTURAL AERIAL APPLICATORS.

       (a) No Waiver by Farm Owner, Tenant, or Operator 
     Necessary.--Subparagraph (B) of section 6420(c)(4) (relating 
     to certain farming use other than by owner, etc.) is amended 
     to read as follows:
       ``(B) if the person so using the gasoline is an aerial or 
     other applicator of fertilizers or other substances and is 
     the ultimate purchaser of the gasoline, then subparagraph (A) 
     of this paragraph shall not apply and the aerial or other 
     applicator shall be treated as having used such gasoline on a 
     farm for farming purposes.''.
       (b) Exemption Includes Fuel Used Between Airfield and 
     Farm.--Section 6420(c)(4), as amended by subsection (a), is 
     amended by adding at the end the following new flush 
     sentence:

     ``For purposes of this paragraph, in the case of an aerial 
     applicator, gasoline shall be treated as used on a farm for 
     farming purposes if the gasoline is used for the direct 
     flight between the airfield and 1 or more farms.''.
       (c) Exemption from Tax on Air Transportation of Persons for 
     Forestry Purposes Extended to Fixed-Wing Aircraft.--
     Subsection (f) of section 4261 (relating to tax on air 
     transportation of persons) is amended to read as follows:
       ``(f) Exemption for Certain Uses.--No tax shall be imposed 
     under subsection (a) or (b) on air transportation--
       ``(1) by helicopter for the purpose of transporting 
     individuals, equipment, or supplies in the exploration for, 
     or the development or removal of, hard minerals, oil, or gas, 
     or
       ``(2) by helicopter or by fixed-wing aircraft for the 
     purpose of the planting, cultivation, cutting, or 
     transportation of, or caring for, trees (including logging 
     operations),

     but only if the helicopter or fixed-wing aircraft does not 
     take off from, or land at, a facility eligible for assistance 
     under the Airport and Airway Development Act of 1970, or 
     otherwise use services provided pursuant to section 44509 or 
     44913(b) or subchapter I of chapter 471 of title 49, United 
     States Code, during such use. In the case of helicopter 
     transportation described in paragraph (1), this subsection 
     shall be applied by treating each flight segment as a 
     distinct flight.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel use or air transportation after December 
     31, 2002, and before January 1, 2004.

     SEC. 706. MODIFICATION OF RURAL AIRPORT DEFINITION.

       (a) In General.--Clause (ii) of section 4261(e)(1)(B) 
     (defining rural airport) is amended by striking the period at 
     the end of subclause (II) and inserting ``, or'' and by 
     adding at the end the following new subclause:

       ``(III) is not connected by paved roads to another 
     airport.''.

       (b) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2003.

     SEC. 707. EXEMPTION FROM TICKET TAXES FOR TRANSPORTATION 
                   PROVIDED BY SEAPLANES.

       (a) In General.--The taxes imposed by sections 4261 and 
     4271 shall not apply to transportation by a seaplane with 
     respect to any segment consisting of a takeoff from, and a 
     landing on, water.
       (b) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2003.

  Mr. BINGAMAN. Mr. President, I am pleased to join the Chairman and 
Ranking Member of the Finance Committee and the Chairman of the Energy 
and Natural Resources Committee as a sponsor of the Energy Tax 
Incentives Act of 2003, which we are introducing today.
  The tax incentives we introduce today are designed to encourage 
commercial activities that will increase and diversify our energy 
supplies and help us to use those energy supplies more efficiently and 
productively. Our demand for energy continues to grow and we will need 
a broad portfolio of energy sources, including improved efficiency, to 
meet this demand. The energy tax package encompasses many of the 
diverse components that make up a comprehensive energy strategy. These 
include incentives for renewable resources, alternative transportation 
fuels and alternative fuel vehicles, energy efficient appliances and 
buildings, clean coal, domestic oil and gas production and 
infrastructure, as well as removing impediments to an integrated 
electric grid.

[[Page S3547]]

  This bill reflects the work of the Finance Committee last year to 
develop a balanced package of energy tax provisions to complement the 
energy policy legislation developed by the Senate. The language of the 
bill is virtually identical to the tax sections of the Energy bill 
passed by the Senate last April. While new or improved versions of some 
of the provisions have been developed in the intervening months, this 
version provides a common starting point for any further refinements of 
the text. I look forward to participating in the Finance Committee's 
consideration of the energy tax package this year.
  Mr. BAUCUS. Mr. President, I am pleased to join Chairman Grassley in 
introducing the Energy Tax Incentives Act of 2003. The chairman and the 
ranking member of the Energy and Natural Resources Committee, Senators 
Domenici and Bingaman, are also original sponsors of this legislation.
  This legislation is very similar to the energy tax incentives bill 
which won overwhelming support on the Senate floor last April and 
provides a strong starting point for the Senate Finance Committee 
towards a mark-up of an energy tax bill.
  The urgency for this legislation at this point in time is 
particularly critical. Gasoline prices in the U.S. are at record 
levels. Low inventories, high crude oil prices, recent cold weather and 
continuing industry concern about a possible war with Iraq have raised 
gas prices close to the highest price ever recorded. This situation is 
not expected to improve in the near future.
  To help alleviate this situation, this bill proposes a balanced 
package of alternative energy, traditional energy production and energy 
efficiency incentives. This legislation begins from the premise that we 
may accomplish energy policy goals by targeting market incentives--in 
the form of tax deductions and credits--at certain investments. The 
bill would accomplish this in three ways. First, we create incentives 
for new production, especially production from important renewable 
sources. Second, we create incentives for the development of new 
technology. Third, we create incentives for energy conservation.
  Through targeted market incentives we hope to encourage the 
development of alternative sources of production and technologies, 
thereby boosting our overall energy resources. This will help promote 
energy independence in the United States, which will contribute to both 
greater economic growth and national security. At the same time, by 
encouraging development of sources of renewable energy and energy 
efficiency, we will also encourage pollution reduction and improve 
human health and the environment.
  I look forward to working with my colleagues on this important piece 
of legislation.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Miller, Mrs. Dole, Mr. McCain, 
        Mr. Kerry, Mr. Chambiss, and Mr. Specter):
  S. 598. A bill to amend title XVIII of the Social Security Act to 
provide for a clarification of the definition of homebound for purposes 
of determining eligibility for home health services under the medicare 
program; to the Committee on Finance.
  Ms. COLLINS. Mr. President, I am pleased to join with Senators 
Miller, Dole, McCain, Kerry, Chambliss and Specter in introducing the 
David Jayne Medicare Homebound Modernization Act of 2003 to modernize 
Medicare's outdated ``homebound'' requirement that has impeded access 
to needed home health services for many of our Nation's elderly and 
disabled Medicare beneficiaries.
  Health care in America has gone full circle. People are spending less 
time in institutions, and recovery and care for patients with chronic 
diseases and conditions have increasingly been taking place in the 
home. The highly skilled and often technically complex care that our 
home health agencies provide has enabled millions of our most 
vulnerable older and disabled individuals to avoid hospitals and 
nursing homes and stay just where they belong--in the comfort and 
security of their own homes.
  Under current law, a Medicare patient must be considered 
``homebound'' if he or she is to be eligible for home health services. 
While an individual is not actually required to be bedridden to qualify 
for benefits, his or her condition must be such that ``there exists a 
normal inability to leave home.'' The statute does allow for absences 
from the home that are ``infrequent'' or of ``relatively short 
duration.'' It also gives specific permission for the individual to 
leave home to attend medical appointments, adult day care or religious 
services.
  Unfortunately, however, the statute does not define precisely what 
``infrequent'' or ``relatively short duration'' means. It leaves it to 
the fiscal intermediaries to interpret just how many absences qualify 
as ``frequent'' and just how short those absences must be. 
Interpretations of this definition have therefore varied widely.
  As a consequence, there have been far too many instances where an 
overzealous or arbitrary interpretation of the definition has turned 
elderly or disabled Medicare beneficiaries--who are dependent upon 
Medicare home health services and medical equipment for survival--into 
virtual prisoners in their own home.
  The current homebound requirement is particularly hard on younger, 
disabled Medicare patients. For example, last year I met with David 
Jayne, a 41-year-old man with Lou Gehrig's disease, who is confined to 
a wheelchair and cannot swallow, speak or even breathe on his own. Mr. 
Jayne needs skilled nursing visits each week to enable him to remain 
independent and out of an inpatient facility. Despite his disability, 
Mr. Jayne meets frequently with youth and church groups. Speaking 
through a computerized voice synthesizer, he gives inspirational talks 
about how the human spirit can endure and even overcome great hardship.
  The Atlanta Journal Constitution ran a feature article on Mr. Jayne 
and his activities, including a report about how he had, with the help 
of family and friends, attended a football game to root for the 
University of Georgia Bulldogs. A few days later, at the direction of 
the fiscal intermediary, his home health agency--which had been sending 
a health care worker to his home for two hours, four mornings a week--
notified him that he could no longer be considered homebound, and that 
his benefits were being cut off. While his benefits were subsequently 
reinstated due to the media attention given the case, this experience 
motivated him to launch a crusade to modernize the homebound definition 
and led him to found the National Coalition to Amend the Medicare 
Homebound Restriction.
  The fact is that the current requirement reflects an outmoded view of 
life for persons who live with serious disabilities. The homebound 
criteria may have made sense thirty years ago, when an elderly or 
disabled person might have expected to live in the confines of their 
home--perhaps cared for by an extended family. The current definition, 
however, fails to reflect the technological and medical advances that 
have been made in supporting individuals with significant disabilities 
and mobility challenges. It also fails to reflect advances in treatment 
for seriously ill individuals that allow them brief periods of relative 
wellness.
  It also fails to recognize that an individual's mental acuity and 
physical stamina can only be maintained by use, and that the use of the 
body and mind is encouraged by social interactions outside the four 
walls of a home.
  The David Jayne Medicare Homebound Modernization Act of 2003 will 
create an exception to the homebound restriction based on the severity 
of the patient's functional limitations and clinical condition. The 
specific, limited exception to the homebound rule would apply to 
individuals who: one, have been certified by a physician as having a 
permanent and severe condition that will not improve; two, who will 
need assistance with three or more of the five activities of daily 
living, such as eating, dressing and bathing, for the rest of their 
lives; three, who require technological and/or personal assistance with 
the act of leaving home; and four, who are only able to leave home 
because the services provided through the home health benefit makes it 
possible for them to do so.
  We believe that our legislation is budget neutral because it is 
specifically limited to individuals who are already eligible for 
Medicare and whose conditions require the assistance of a skilled 
nurse, therapist or home health

[[Page S3548]]

aide to make it functionally possible for them to leave the home. Our 
legislation does not expand Medicare eligibility--it simply gives 
people who are already eligible for the benefit their freedom.
  This issue was first brought to my attention by former Senator Bob 
Dole, who has long been a vigorous advocate for people with 
disabilities, and I ask unanimous consent that the editorial Senator 
Dole wrote for the Washington Post last summer entitled ``Imprisoned by 
Medicare'' be printed in the Congressional Record at the conclusion of 
my remarks.
  Our proposal is also supported by the Consortium of Citizens with 
Disabilities, the Visiting Nurse Associations of America, the National 
Association for Home Care, Advancing Independence: Modernizing Medicare 
and Medicaid, AIMM, the National Coalition to Amend the Medicare 
Homebound Restriction, the Paralyzed Veterans of America, and the Half 
the Planet Foundation.
  Moreover, the David Jayne Medicare Homebound Modernization Act of 
2003 is consistent with President Bush's ``New Freedom Initiative'' 
which has, as its goal, the removal of barriers that impede 
opportunities for those with disabilities to integrate more fully into 
the community. By allowing reasonable absences from the home, our 
legislation will bring the Medicare home health benefit into the 21st 
Century, and I look forward to working with my colleagues to get it 
done.
  There being no objection, the editorial was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, June 27, 2002]

                         Imprisoned by Medicare

                               (Bob Dole)

       Heroes inspire us to achieve the unachievable, to leave 
     America a better place for future generations. They remind us 
     that contributing to family and community is our highest 
     priority. I am fortunate to know such a hero, and his story 
     has inspired me to help achieve his one simple wish before he 
     dies--to change a Medicare restriction so that he and 
     thousands of others who live with permanent and severe 
     disabilities can leave their homes to see their children grow 
     up and contribute to their community without losing life-
     sustaining home health services.
       David Jayne was diagnosed with Lou Gehrig's disease at age 
     27. Otherwise known as amyotrophic lateral sclerosis (ALS), 
     this degenerative neuromuscular condition causes his muscles 
     to atrophy, leaving him unable to eat, breathe or move on his 
     own. Though his mobility is limited to moving three fingers, 
     Jayne, now 41, has demonstrated to everyone who knows him or 
     has read about him that the human spirit is indomitable.
       I met David Jayne by chance at Reagan National Airport 
     about a year ago. Attached to life support equipment and a 
     computerized voice simulator because of his body's 
     deterioration at the hand of ALS, Jayne had traveled with the 
     help of friends from his home in Rex, Ga., to meet with his 
     elected members of Congress. He came to urge them to amend 
     the Medicare homebound restriction.
       The homebound rule was intended to deter abuse of the home 
     health benefit by limiting services to only those individuals 
     whose illnesses and disabilities are so severe that leaving 
     the home would require ``a considerable and taxing effort.'' 
     In the 1960s, when this rule was created, it reflected the 
     limits of health care and technology at the time. It was 
     incomprehensible then to think that someone with ALS or any 
     severe and permanent disability could leave the home.
       While the homebound restriction has not changed, the role 
     of physicians and home health providers has. Nurses, doctors 
     and home health administrators have been turned into 
     watchdogs and given the responsibility to report any 
     knowledge of their patients leaving their homes. And the 
     awful reality of those receiving these services is that they 
     must either lie or cheat just to enjoy fundamental liberties.
       This nearly 40-year-old policy reflects an outmoded view of 
     life for persons with disabilities. Thanks to advances in 
     technology and greater community accessibility through the 
     passage of the Americans with Disabilities Act (ADA), people 
     with the most severe disabilities are able to leave their 
     homes to go to work, volunteer in their communities and enjoy 
     their family and friends. Unfortunately, Medicare policy has 
     not kept pace with our times and is now punishing the very 
     people it was intended to benefit. While Medicare has 
     developed other and better policies to deter abuse, it has 
     kept this outdated policy.
       The Medicare statute does allow for absences from the home 
     of ``infrequent'' or ``relatively short duration.'' But the 
     vagueness of this allowance leaves it to Medicare contractors 
     to interpret just how many absences qualify as ``frequent'' 
     and just how short those absences might be. To err on the 
     conservative side, contractors have stripped home health 
     coverage from those most needing it, including David Jayne, 
     whose life depends on a ventilator, intravenous feeding and 
     daily care from a home health aide. Because Jayne's story 
     went public, his home health agency discontinued these life-
     sustaining services. They were only reinstated after members 
     of Congress became involved and Jayne agreed to pay his home 
     health provider for any claim denied by Medicare. But 
     thousands of others live in fear of leaving their homes 
     because of the stories that have been reported. In two 
     heartbreaking cases, one mother's services were cut off after 
     she attended the funeral for her child, while another mother 
     did not attend the funeral of her child because of fear of 
     losing her home health care.
       For millions of Americans, Medicare-covered home health 
     services provide a less costly alternative to nursing home or 
     hospital care. There are abuses that should be corrected, but 
     not by extracting a price that no law-abiding American should 
     ever have to pay.
       David Jayne has inspired many people with his love and 
     determination and his simple words, ``Always wait another day 
     because the next day will be better.'' He inspired me to 
     volunteer to try to help.
       I urge the House of Representatives to amend this harsh 
     restriction on individual freedom by including in the 
     Medicare reform bill the David Jayne Amendment, carefully 
     drafted by Rep. Ed Markey (D-Mass.) and Sen. Susan Collins 
     (R-Maine), to do what we all know in our hearts is right, 
     including all the appropriate safeguards to prevent abuse. 
     And if this is not possible because of cost concerns, to 
     adopt an amendment to provide for those who are severely and 
     permanently disabled and who require the assistance of an 
     attendant or a skilled nursing facility.
       The amendment should give the Health and Human Services 
     Department six months to address the homebound rule and make 
     recommendations on how to bring it up to date with today's 
     technology. Make no mistake, David Jayne is a prisoner--a 
     prisoner in his specially designed wheelchair. His illness 
     has robbed him of the ability to do anything without the aid 
     of technology. Medicare shouldn't act as jailer too. 
     Thousands of David Jaynes across America are looking to the 
     president, Congress and the Department of Health and Human 
     Services for help.

                                 ______
                                 
      By Mrs. LINCOLN (for herself, Ms. Collins, and Mr. Bingaman):
  S. 599. A bill to amend title XVIII of the Social Security Act to 
provide coverage under the medicare program for diabetes laboratory 
diagnostic tests and other services to screen for diabetes; to the 
Committee on Finance.
  Mrs. LINCOLN. Mr. President, I rise today to introduce the ``Access 
to Diabetes Screening Services Act of 2003'' with my friends Senators 
Collins and Bingaman. This bill will help to bring the epidemic of 
diabetes under control by providing Medicare coverage for laboratory 
diagnostic tests and other services which are used to screen for 
diabetes. Medicare cannot currently provide these screening services 
because they are prohibited to do so by Federal law.
  Diabetes has reached epidemic proportions among adults in the United 
States. The latest figures published by the Centers for Disease 
Control, CDC, in the January 1, 2003, edition of the ``Journal of the 
American Medical Association'' show that 7.9 percent of the American 
population has diabetes. The CDC believes that if trends continue, more 
than 10 percent of all Americans will have diabetes by the year 2010. 
Even today our Nation is feeling the effects of this disease--diabetes 
is the Nation's sixth leading cause of death.
  Diabetes strikes even harder in our nation's minority and emerging 
majority populations. Today, the CDC estimates that 11.9 percent of the 
African American population and nine percent of the Hispanic population 
has diabetes. Without a doubt, diabetes is now truly the epidemic of 
our time.
  These rising rates are especially evident among our Nation's aging 
population. Currently almost seven million Americans age 65 and older, 
or over 20 percent of seniors, have diabetes. Roughly 20 percent of 
seniors age 65 and older have a newly identified condition called pre-
diabetes, which if left untreated will develop into diabetes. An 
additional 40,000 people living with diabetes and end-stage renal 
disease under the age of 65 participate in the Medicare program.
  Even more distressing is the fact that approximately one third of the 
7 million seniors with diabetes, or 2.3 million people, are 
undiagnosed. They simply do not know that they have this very serious 
condition--a condition whose complications include heart disease, 
stroke, vision loss and blindness, amputations, and kidney disease.
  My own home State of Arkansas has had first-hand experience with the 
rising diabetes rates. Arkansas ranks

[[Page S3549]]

fifth in the Nation for diabetes incidence. Recent studies show that 
8.9 percent of all Arkansas adults had diagnosed diabetes, and over one 
million Arkansans are at risk for undiagnosed diabetes.
  Our Nation is not yet doing enough to manage this preventable and 
controllable disease. Last week, the National Institutes of Health, the 
CDC and the American Diabetes Association announced that the direct 
costs of treating diabetes grew by more than 50 percent between 1997 
and 2002, from $44 billion to $91.8 billion. One of every ten dollars 
spent on healthcare in America is now spent on diabetes, and the 
average per capita cost of healthcare for a person living with diabetes 
is $13,243 versus $2,560 for a typical American without diabetes.
  Those in the medical community and the federal government are only 
too aware of the rising prevalence and serious nature of diabetes. The 
Centers for Disease Control, National Institutes of Health, and the 
Department of Health and Human Services recently joined together in a 
national education campaign to inform people about diabetes and 
encourage people age 45 and older to get screened for diabetes.
  Unfortunately, current law does not allow Medicare to reimburse for 
diabetes testing, even if a patient presents serious risk factors for 
diabetes such as obesity, high blood pressure, or high cholesterol. 
Most shockingly, even if a patient is experiencing early evidence of 
diabetes complications, such as blindness or kidney disease, Medicare 
still cannot reimburse a physician for diabetes testing.
  This nonsensical omission of diabetes screening coverage is even more 
shocking in light of the fact that about 25 percent of the Medicare 
budget currently is devoted to providing medical care to seniors living 
with diabetes. In 1999, Arkansas spent $1.6 billion on direct and 
indirect costs of diabetes. The amount Arkansas spent on diabetes in 
2002 is undoubtedly higher in light of the cost data available. Why are 
we continuing to react to diabetes and its complications instead of 
proactively screening our Medicare beneficiaries for this common and 
costly disease? This screening can identify the disease, even before 
any symptoms have appeared, and has the potential to save and improve 
thousands of lives. In addition, this screening will potentially help 
prevent countless cases of end-stage renal disease, blindness and 
amputations--preventable complications of the diabetes that are 
draining Medicare of vital resources.
  The American Association of Clinical Endocrinologists strongly 
believes that patients with diabetes should be identified as early as 
possible in their illness. We have the technology to do this through 
screening.
  I cannot overstate the need for this legislation. When faced with the 
rising prevalence of diabetes, the high percentage of seniors who 
already have the disease, the alarmingly high number of seniors who 
have diabetes but do not know it yet, the growing number of seniors 
living with preventable diabetes complications, and the high cost 
associated with diabetes treatment, it is obvious that Medicare should 
provide coverage for diabetes screening.
  Our Nation must do more to battle the epidemic of diabetes through 
prevention, detection and treatment. This legislation will make 
detection of a deadly disease available to all Medicare enrollees. The 
American Diabetes Association has identified Medicare screening 
coverage as a top legislative priority, and I have worked closely with 
them to craft this legislation. I urge all of my colleagues to give 
serious consideration to cosponsoring and actively supporting the 
Diabetes Screening Act of 2003.
  Ms. COLLINS. Mr. President, I am pleased to join my colleague from 
Arkansas, Senator Lincoln, in introducing this important bill to 
provide Medicare coverage for laboratory diagnostic tests and other 
services used to screen for diabetes.
  As the founder and co-chair of the Senate Diabetes Caucus, I have 
learned a great deal about this serious disease and the difficulties 
and heartbreak that it causes for so many Americans and their families. 
Diabetes is a devastating, lifelong condition that disproportionately 
affects the elderly, children and minorities. It is one of our Nation's 
most costly diseases in both human and economic terms, and is the 
leading cause of kidney failure, blindness in adults, and amputations 
not related to injury. Moreover, it is a major risk factor for stroke, 
heart disease and other chronic conditions. According to a new study 
released by the American Diabetes Association, diabetes cost our Nation 
$132 billion last year, and health care spending for people with 
diabetes is almost double what it would be if they did not have 
diabetes.
  Unfortunately, diabetes frequently goes undiagnosed. Of the more than 
17 million Americans who have diabetes, 7 million of whom are 65 and 
older, it is estimated that as many as one third don't know it. They 
simply do not know that they have this very serious condition that 
places them at increased risk of developing devastating and costly 
complications such as blindness, kidney failure and amputations.
  Moreover, an additional 16 million Americans have a newly identified 
condition known as ``pre-diabetes,'' an increasingly common condition 
in which blood glucose levels are higher than normal, but not yet 
diabetic. Pre-diabetes dramatically raises the risk for developing Type 
2 diabetes and increases the risk of heart disease by 50 percent. 
According to research supported by the Department of Health and Human 
Services, most people with pre-diabetes are likely to develop diabetes 
within a decade unless their condition is diagnosed and they make the 
lifestyle changes necessary to reduce their risks for the disease.
  Secretary of Health and Human Services Tommy Thompson has made 
diabetes prevention and management a key part of the Bush 
Administration's broader efforts to encourage a healthier America. As a 
part of this effort, the Centers for Disease Control and Prevention, 
the National Institutes of Health and the Department of Health and 
Human Services have joined together in a national education campaign to 
inform people about diabetes and encourage people age forty-five and 
older to get screened for diabetes.
  Unfortunately, however, current law does not allow Medicare to pay 
for diabetes testing, even for patients with serious risk factors for 
diabetes, such as obesity, high blood pressure, or high cholesterol. 
Astoundingly, even if a patient is experiencing early evidence of 
diabetes complications such as blindness or kidney disease, Medicare 
will not pay for diabetes testing.
  This coverage omission is particularly irrational given the fact that 
one out of every four Medicare dollars is currently spent on medical 
care for seniors who are living with diabetes.
  Early detection and treatment are essential if we are to improve the 
quality of life for people with diabetes and prevent or delay the onset 
of the costly and sometimes deadly complications associated with the 
disease. We have the technology to identify diabetes even before the 
onset of any symptoms. These tests have the potential of improving and 
saving thousands of lives, not to mention countless Medicare dollars. 
It only makes sense that Medicare should cover them.
  Both the American Diabetes Association and the American Association 
of Clinical Endocrinologists support our legislation, and I encourage 
all of our colleagues to join us as cosponsors.
                                 ______
                                 
      By Mr. CRAIG (for himself and Mrs. Feinstein):
  S. 600. A bill to authorize the Secretary of Energy to cooperate in 
the international magnetic fusion burning plasma experiment, or 
alternatively to develop a plan for a domestic burning plasma 
experiment, for the purpose of accelerating the scientific 
understanding and development of fusion as a long term energy source; 
to the Committee on Energy and Natural Resources.
  Mr. CRAIG. Mr. President, there should be no doubt that energy is 
vital to our economy and that it contributes to our wealth and strength 
as a nation. While it is true that human intelligence, a skilled 
workforce, and the human spirit are essential to our economy and to our 
future, without useable energy, these virtues are not, of themselves, 
tools to make a physical difference.
  As we look out decades and centuries into the future, determining 
whether we will have enough energy and finding

[[Page S3550]]

the sources from which we will get it are extremely important 
endeavors. Will we get our energy from oil or from coal? Will it come 
from solar collectors and wind farms? Will it come from nuclear 
fission? I submit that the answer we work to provide to this question 
today will have a profound effect on the future quality of life for our 
children and grandchildren. This is part of the reason why energy 
policy is so controversial. It is because the stakes are so high.
  Although fossil fuels will last for many decades yet--perhaps 
centuries--the reality is that we must begin to plan for the time when 
fossil fuels might not be so plentiful. Taken together, fossil fuels 
provide us with well over 70 percent of the energy we consume in this 
country. Much of that energy is imported. When you take oil, coal and 
natural gas out of the equation, what are our options for the long term 
future?
  The significant potential contributors to our energy picture that are 
not fossil fuels are likely to be nuclear, hydropower, renewables such 
as solar, wind and geothermal, and fusion energy. We must pursue all of 
these options as if our future depended on it, because it does. It is 
in this context, that I want to focus my colleagues' attention today on 
the subject of fusion energy.
  Fusion energy is the power of the sun and the stars and has been the 
subject of a decades-long research effort in the United States and 
around the world. The bad news is that the ultimate goal of practical 
fusion energy here on earth has proven to be far more difficult than 
the early pioneers of fusion research ever envisioned. But the good 
news is that there has been fantastic progress in the past decade, to 
the point where now there is almost no doubt that large excess amounts 
of fusion energy can be created in the laboratory. The question is: Can 
fusion energy be made practical and affordable?
  When proven practical, fusion will be capable of producing huge 
amounts of base-load energy for our cities and our economy with no air 
or water pollution. Its fuel is virtually inexhaustible. It cannot blow 
up or melt down. Perhaps most tantalizingly, given our present 
circumstances, no nation or region will have a monopoly because 
everyone will have the fuel--a common component of water.
  I am very proud today to stand with my good friend from California, 
Senator Feinstein and introduce the Fusion Development Act of 2003. The 
Fusion Development Act of 2003 is meant to hasten the day when we can 
answer the question of practical and affordable fusion energy in the 
affirmative.
  Last month, President Bush announced that the United States would be 
joining international negotiations on a major next step experiment on 
the road to fusion energy, known as the ITER project. One of the 
primary purposes of this bill is to authorize the Secretary of Energy 
to participate fully in this international magnetic fusion burning 
plasma experiment called ITER.
  ITER is intended to establish once and for all that magnetically-
controlled fusion energy reactions can produce power plant-sized 
amounts of fusion energy and establish the scientific basis for doing 
so. Further, ITER will demonstrate some of the technologies necessary 
to construct a fusion power plant such as large superconducting magnets 
and plasma control systems. ITER will be an international science 
experiment of a scale and importance second to none.
  The siting and financing of ITER are currently being negotiated 
between Europe, Japan, Russia, Canada and China. This bill will help 
give the Administration the license it needs to move forward and stake 
out a good place at the table of the ITER experiment. The importance of 
the ITER experiment dictates that the United States must have a strong 
position as the project moves forward.
  In addition, our bill sets as a goal that the United States should 
develop the scientific, engineering and commercial infrastructure 
necessary to be competitive with other nations in this new frontier of 
energy. In this regard, it requires the Secretary of Energy to submit 
to Congress a plan to strengthen our existing fusion research efforts 
and to address the critically important issues of fusion materials and 
technology.
  I ask that my colleagues devote their time to the extraordinarily 
important subject of our present and future energy supply. The deeper 
one delves into this subject, the more self-evident it becomes that 
fusion is a must-have technology for the future.
  The bill we are introducing today will help bring us closer to the 
time when energy is less of a global political issue and energy 
production has minimal impact on our natural environment. Fusion is an 
important part of this vision and this goal. I therefore urge my 
colleagues to support this legislation.

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