[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Senate]
[Pages S12608-S12616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KOHL:
S. 1979. A bill to provide for the establishment of a strategic
refinery reserve, and for other purposes; to the Committee on Energy
and Natural Resources.
Mr. KOHL. Madam President, I rise today to speak briefly about an
amendment Senator Jeffords and I had hoped to offer to the Defense
authorization bill. I understand it is not considered relevant, so we
won't get a vote. That is unfortunate. I cannot imagine what is more
relevant to the defense of our Nation than an amendment that would do
something concrete about high energy prices, about national security,
and about economic security--all with one vote.
Our amendment, which we are introducing today as a freestanding bill
along with Senator Feinstein, would authorize the Department of Energy
to build enough refining capacity to meet the energy needs of the
Federal Government--primarily the Department of Defense--and also to
supply the private market in times of shortages and price spikes.
There is bipartisan agreement that increasing refining capacity in
the United States would help avoid the kinds of energy price spikes we
have seen in the last few months. There also seems to be clear evidence
that, despite generous incentives from the Government and soaring
profits, the oil companies are not interested in building the new
refineries we need. And in a free market, of course, that is their
choice.
But in a democracy, we in Congress are charged with making a
different choice. We need to do what is best for our national and
economic security. And, in this case, that would be to stop begging and
bribing the oil companies. By building our own refining capacity, we
would be able to supply the fuel needs of the Federal Government at
what it actually costs to make that fuel. And we would also be able to
hold in reserve refining capacity that we could access to bring down
the cost of gas in times when shortages raise prices.
Today, the Senate is holding important hearings on energy. I am
concerned, however, that instead of offering answers and solutions, the
oil companies will blame OPEC for the high price of gasoline, diesel
fuel, and home heating oil. We should not let them get away with that
because OPEC is only part of the story.
While the price of gasoline rose to record levels in recent months,
the oil companies were earning increasingly high profits on each gallon
of gasoline. One measure is the ``domestic spread,'' the retail
gasoline pump price minus the cost of crude oil and taxes. During the
1900s, the domestic spread was about 40 cents per gallon for regular
gas. This number has grown sharply since 2000. The domestic spread
averaged above 50 cents per gallon between 2000 and 2004, and has
reached as high as over 70 cents per gallon in recent months. In other
words, the oil companies are earning much more today for a gallon of
gas, even factoring in the higher price of crude oil.
Growing oil company profits also demonstrate this point: Oil industry
profits, after tax, increased by $100 billion in the 5 years from 2000
to 2004, as compared to the previous 5-year period. ExxonMobil's
earnings for the first 9 months of 2005--over $25 billion--already
exceeded its full-year earnings for all of 2004. So obviously, these
companies are doing much more than just passing along higher crude oil
prices to customers.
One major reason for these soaring prices and profits is the oil
industry's failure to increase refining capacity in the face of rising
demand for refined petroleum products. A new refinery has not been
built in the United States since the 1970s, and many oil refineries
have been closed. In 1985, refining capacity equaled daily consumption
of petroleum products. By 2002, daily consumption exceeded refining
capacity by almost 20 percent.
As domestic supply falls short of domestic demand, three very
dangerous
[[Page S12609]]
things happen: 1, we are forced to rely on more imports. 2, we pay
higher and higher prices for our fuel. And, 3, our economy is
increasingly vulnerable to disasters and disruptions--like those we saw
in the wake of Hurricanes Katrina and Rita.
The bill we are introducing would authorize the Department of Energy
to create a refining capacity equal to 5 percent of current domestic
consumption. These refineries would supply the Federal Government's
need for petroleum products, estimated to be roughly 2 percent of U.S.
consumption. The extra 3 percent of capacity would be available for
emergencies and market disruptions.
This ``Strategic Refining Reserve'' would have a direct effect on
energy prices to the consumer. It would get the Federal Government out
of the private market where its huge demand for energy drives up
prices. And it would increase the amount of oil that can be refined in
this country in times when the oil companies' refining capacity is
tapped out.
We have a duty to protect consumers, our economy, and our national
security from an industry that often seems focused only on the short-
term bottom line. We have a duty to respond with concrete help for the
families and businesses that tell us daily of the enormous financial
threat posed by soaring energy prices. And we have a duty to make sure
our military has access to a steady, affordable supply of domestically
refined fuel.
Though we will not be able to offer this proposal as an amendment to
the DOD authorization bill, we have introduced it as a bill, and we
plan to continue to look for opportunities for a vote. We need to take
sole control of fuel prices away from the oil companies. We need to
take charge and bring the price of fuel down by building this
``Strategic Refinery Reserve.''
I ask unanimous consent that the text of the bill be printed in the
Record.
There being objection, the bill was ordered to be printed in the
Record, as follows:
S. 1979
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STRATEGIC REFINERY RESERVE.
(a) Establishment.--
(1) In general.--The Secretary of Energy shall establish
and operate a Strategic Refinery Reserve (referred to in this
section as the ``Reserve'') in the United States.
(2) Authorities.--To carry out this subsection, the
Secretary of Energy may contract for--
(A) the construction or operation of new refineries; or
(B) the acquisition or reopening of closed refineries.
(b) Operation.--The Secretary of Energy shall operate the
Reserve--
(1) to provide petroleum products to--
(A) the Federal Government (including the Department of
Defense); and
(B) any State governments and political subdivisions of
States that opt to purchase refined petroleum products from
the Reserve; and
(2) to provide petroleum products to the general public
during any period described in subsection (c).
(c) Emergency Periods.--The Secretary of Energy shall make
petroleum products from the Reserve available under
subsection (b)(2) only if the President determines that--
(1) there is a severe energy supply interruption within the
meaning of the term under section 3 of the Energy Policy and
Conservation Act (42 U.S.C. 6202); or
(2)(A) there is a regional petroleum product supply
shortage of significant scope and duration; and
(B) action taken under subsection (b)(2) would directly and
significantly assist in reducing the adverse impact of the
shortage.
(d) Locations.--In determining the location of a refinery
for inclusion in the Reserve, the Secretary of Energy shall
take into account--
(1) the impact of the refinery on the local community, as
determined after requesting and reviewing any comments from
State and local governments and the public;
(2) regional vulnerability to--
(A) natural disasters; and
(B) terrorist attacks;
(3) the proximity of the refinery to the Strategic
Petroleum Reserve;
(4) the accessibility of the refinery to energy
infrastructure and Federal facilities (including facilities
under the jurisdiction of the Department of Defense);
(5) the need to minimize adverse public health and
environmental impacts; and
(6) the energy needs of the Federal Government (including
the Department of Defense).
(e) Increased Capacity.--The Secretary of Energy shall
ensure that refineries in the Reserve are designed to provide
a rapid increase in production capacity during periods
described in subsection (c).
(f) Implementation Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Energy shall
submit to Congress a plan for the establishment and operation
of the Reserve under this section.
(2) Requirements.--The plan required under paragraph (1)
shall--
(A)(i)(I) provide for, within 2 years after the date of
enactment of this Act, a capacity within the Reserve equal to
5 percent of the total United States daily demand for
gasoline, diesel, and aviation fuel; and
(II) provide for a capacity within the Reserve such that
not less than 75 percent of the gasoline and diesel fuel
produced by the Reserve contain an average of 10 percent
renewable fuel (as that term is defined in 211(o)(1)(C) of
the Clean Air Act (42 U.S.C. 7545(o)(1)(C)); or
(ii) if the Secretary of Energy finds that achieving the
capacity described in either subclause (I) or (II) of clause
(i) is not feasible within 2 years, include--
(I) an explanation from the Secretary of Energy of the
reasons why achieving the capacity within the timeframe is
not feasible; and
(II) provisions for achieving the required capacity as soon
as practicable; and
(B) provide for adequate delivery systems capable of
providing Reserve product to the entities described in
subsection (b)(1).
(g) Coordination.--The Secretary of Energy shall carry out
this section in coordination with the Secretary of Defense.
(h) Compliance With Federal Environmental Requirements.--
Nothing in this section affects any requirement to comply
with Federal or State environmental or other laws.
SEC. 2. REPORTS ON REFINERY CLOSURES.
(a) Reports to Secretary of Energy.--
(1) In general.--Not later than 180 days before permanently
closing a refinery in the United States, the owner or
operator of the refinery shall provide to the Secretary of
Energy notice of the closing.
(2) Requirements.--The notice required under paragraph (1)
with respect to a refinery to be closed shall include an
explanation of the reasons for the closing of the refinery.
(b) Reports to Congress.--The Secretary of Energy shall, in
consultation with the Secretary of Defense, the Administrator
of the Environmental Protection Agency, and the Federal Trade
Commission and as soon as practicable after receipt of a
report under subsection (a), submit to Congress--
(1) the report; and
(2) an analysis of the effects of the proposed closing
covered by the report on--
(A) in accordance with the Clean Air Act (42 U.S.C. 7401 et
seq.), supplies of clean fuel;
(B) petroleum product prices;
(C) competition in the refining industry;
(D) the national economy;
(E) regional economies;
(F) regional supplies of refined petroleum products;
(G) the supply of fuel to the Department of Defense; and
(H) energy security.
______
By Ms. MURKOWSKI:
S. 1980. A bill to provide habitable living quarters for teachers,
administrators, and other school staff, and their households, in rural
areas of Alaska located in or near Alaska Native villages; to the
Committee on Indian Affairs.
Ms. MURKOWSKI. Mr. President, I rise to introduce a bill that will
have a profound effect on the retention of teachers, administrators,
and other school staff in remote and rural areas of Alaska.
In rural areas of Alaska, school districts face the challenge of
recruiting and retaining teachers, administrators and other school
staff due to the lack of housing. In one particular year in the Lower
Kuskokwim School District in western Alaska, they hired one teacher for
every six who decided not to accept job offers. Half of the applicants
who did not accept a teaching position in that district indicated that
their decision was related to the lack of housing.
In 2003, I traveled through rural Alaska with then-Education
Secretary Rod Paige. I wanted him to see the challenges of educating
children in such a remote and rural environment. At the village school
in Savoonga, the principal slept in a broom closet in the school due to
the lack of housing in that village. The special education teacher
slept in her classroom, bringing a mattress out each evening to sleep
on the floor. The other teachers shared housing in a single home.
Needless to say, there is not enough room for the teachers' spouses.
Unfortunately, Savoonga is not an isolated example of the teacher
housing situation in rural Alaska.
Rural Alaskan school districts experience a high rate of teacher
turnover due to the lack of housing. Turnover is as high as 30 percent
each year in some rural areas with housing issues being a major factor.
How can we expect our
[[Page S12610]]
children to receive a quality education when the good teachers don't
stay? How can we meet the mandates of No Child Left Behind in such an
educational environment? Clearly, the lack of teacher housing in rural
Alaska is an issue that must be addressed in order to ensure that
children in rural Alaska receive the same level of education as their
peers in more urban settings.
My bill authorizes the Department of Housing and Urban Development to
provide teacher housing funds to the Alaska Housing Finance
Corporation, which is a State agency. In turn, the corporation is
authorized to provide grant and loan funds to rural school districts in
Alaska for teacher housing projects.
This legislation will allow school districts in rural Alaska to
address the housing shortage in the following ways: construct housing
units; purchase housing units; lease housing units; rehabilitate
housing units; purchase or lease property on which housing units will
be constructed, purchased or rehabilitated; repay loans secured for
teacher housing projects; and conduct any other activities normally
related to the construction, purchase, or rehabilitation of teacher
housing projects.
Eligible school districts that accept funds under this legislation
will be required to provide the housing to teachers, administrators,
other school staff, and members of their households.
It is imperative that we address this important issue and allow the
disbursement of funds to be handled at the State level. The quality of
education of our rural students is at stake.
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. 1980
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 ``Rural Teacher Housing Act of
2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) housing for teachers, administrators, other school
staff, and the households of such staff in remote and rural
areas of the State of Alaska is often substandard, if
available at all;
(2) teachers, administrators, other school staff, and the
households of such staff are often forced to find alternate
shelter, sometimes even in school buildings; and
(3) rural school districts in the State of Alaska face
increased challenges, including meeting the requirements of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), in recruiting employees due to the lack of
affordable, quality housing.
(b) Purpose.--The purpose of this Act is to provide
habitable living quarters for teachers, administrators, other
school staff, and the households of such staff in rural areas
of the State of Alaska located in or near Alaska Native
villages.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska housing finance corporation.--The term ``Alaska
Housing Finance Corporation'' means the State housing
authority for the State of Alaska created under the laws of
the State of Alaska (or a successor authority).
(2) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Eligible school district.--The term ``eligible school
district'' means a public school district (as defined under
the laws of the State of Alaska) located in the State of
Alaska that operates 1 or more schools in a qualified
community.
(4) Native village.--
(A) In general.--The term ``Native village'' has the
meaning given the term in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
(B) Inclusion.--The term ``Native village'' includes the
Metlakatla Indian Community of the Annette Islands Reserve.
(5) Other school staff.--The term ``other school staff''
means--
(A) pupil services personnel;
(B) librarians;
(C) career guidance and counseling personnel;
(D) education aides; and
(E) other instructional and administrative school
personnel.
(6) Qualified community.--The term ``qualified community''
means a home rule city or a general law city incorporated
under the laws of the State of Alaska, or an unincorporated
community (as defined under the laws of the State of Alaska)
in the State of Alaska located outside the boundaries of such
a city, that, as determined by the Alaska Housing Finance
Corporation--
(A) has a population of not greater than 6,500 individuals;
(B) is located in or near a Native village; and
(C) is not connected by road or railroad to the
municipality of Anchorage, Alaska, excluding any connection--
(i) by the Alaska Marine Highway System created under the
laws of the State of Alaska; or
(ii) that requires travel by road through Canada.
(7) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) Teacher.--The term ``teacher'' means an individual
who--
(A) is employed as a teacher in a public elementary school
or secondary school; and
(B) meets the teaching certification or licensure
requirements of the State of Alaska.
(10) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
the term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(11) Village corporation.--
(A) In general.--The term ``Village Corporation'' has the
meaning given the term in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
(B) Inclusions.--The term ``Village Corporation'' includes,
as defined in section 3 of that Act (43 U.S.C. 1602)--
(i) Urban Corporations; and
(ii) Group Corporations.
SEC. 4. RURAL TEACHER HOUSING PROGRAM.
(a) In General.--The Secretary shall provide funds to the
Alaska Housing Finance Corporation in accordance with
regulations promulgated under section 5 for use in accordance
with subsection (b).
(b) Use of Funds.--
(1) In general.--The Alaska Housing Finance Corporation
shall use funds provided under subsection (a) to provide
grants and loans to eligible school districts for use in
accordance with paragraph (2).
(2) Use of funds by eligible school districts.--An eligible
school district shall use a grant or loan under paragraph (1)
for--
(A) the construction of new housing units in a qualified
community;
(B) the purchase and rehabilitation of existing structures
to be used as housing units in a qualified community;
(C) the rehabilitation of housing units in a qualified
community;
(D) the leasing of housing units in a qualified community;
(E) purchasing or leasing real property on which housing
units will be constructed, purchased, or rehabilitated in a
qualified community;
(F) the repayment of a loan to--
(i) construct, purchase, or rehabilitate housing units;
(ii) purchase real property on which housing units will be
constructed, purchased, or rehabilitated in a qualified
community; or
(iii) carry out an activity described in subparagraph (G);
and
(G) any other activity normally associated with the
construction, purchase, or rehabilitation of housing units,
or the purchase or lease of real property on which housing
units will be constructed, purchased, or rehabilitated, in a
qualified community, including--
(i) connecting housing units to a utility;
(ii) preparing construction sites;
(iii) transporting any equipment or material necessary for
the construction or rehabilitation of housing units to and
from the site on which the housing units are or will be
constructed; and
(iv) carrying out an environmental assessment and
remediation of a construction site or a site on which housing
units are located.
(c) Ownership of Housing and Land.--
(1) In general.--Any housing unit constructed, purchased,
or rehabilitated, and any real property purchased, using a
grant or loan provided under this section shall be considered
to be owned, as the Secretary determines to be appropriate,
by--
(A) the affected eligible school district;
(B) the affected municipality, as defined under the laws of
the State of Alaska;
(C) the affected Village Corporation;
(D) the Metlakatla Indian Community of the Annette Islands
Reserve; or
(E) a tribally designated housing entity.
(2) Transfer of ownership.--Ownership of a housing unit or
real property under paragraph (1) may be transferred between
the entities described in that paragraph.
(d) Occupancy of Housing Units.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each housing unit constructed, purchased, rehabilitated,
or leased using a grant or loan under this section shall be
occupied by--
(A)(i) a teacher;
(ii) an administrator; or
(iii) other school staff; and
(B) the household of an individual described in
subparagraph (A), if any.
(2) Nonsession months.--A housing unit constructed,
purchased, rehabilitated, or leased using a grant or loan
under this section may be occupied by an individual other an
individual described in paragraph (1) only during a period in
which school is not in session.
[[Page S12611]]
(3) Temporary occupants.--A vacant housing unit
constructed, purchased, rehabilitated, or leased using a
grant or loan under this section may be occupied by a
contractor or guest of an eligible school district for a
period to be determined by the Alaska Housing Finance
Corporation, by regulation.
(e) Compliance With Law.--An eligible school district that
receives a grant or loan under this section shall ensure that
each housing unit constructed, purchased, rehabilitated, or
leased using the grant or loan complies with applicable laws
(including regulations and ordinances).
(f) Program Policies.--
(1) In general.--The Alaska Housing Finance Corporation, in
consultation with any appropriate eligible school district,
shall establish policies governing the administration of
grants and loans under this section, including a method of
ensuring that funds are made available on an equitable basis
to eligible school districts.
(2) Revisions.--Not less frequently than once every 3
years, the Alaska Housing Finance Corporation, in
consultation with any appropriate eligible school district,
shall take into consideration revisions to the policies
established under paragraph (1).
SEC. 5. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate such regulations as are
necessary to carry out this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out this
Act for each of fiscal years 2007 through 2016.
(b) Administrative Expenses.--Each of the Secretary and the
Alaska Housing Finance Corporation shall use not more than 5
percent of funds appropriated during a fiscal year to pay
administrative expenses incurred in carrying out this Act.
______
By Mr. DURBIN:
S. 1981. A bill to amend the Internal Revenue Code of 1986 to impose
a temporary windfall profit tax on crude oil, to rebate a portion of
the tax collected back to American consumers, to fund programs under
the Low-Income Home Energy Assistance Act of 1981 and tax incentives
for the manufacture of energy efficient motor vehicles by using a
portion of the proceeds of such tax, and to deposit the balance of the
tax collected into the Highway Trust Fund to support the funding of
highway projects and to aid highway users, and for other purposes; to
the Committee on Finance.
Mr. DURBIN. 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. 1981
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 ``Windfall Profits Tax Act of
2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of
1986 (relating to alcohol, tobacco, and certain other excise
taxes) is amended by adding at the end thereof the following
new chapter:
``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price;
qualified investment.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed
under this title, there is hereby imposed on any integrated
oil company (as defined in section 291(b)(4)) an excise tax
equal to the amount equal to 50 percent of the windfall
profit from all barrels of taxable crude oil removed from the
property during each taxable year.
``(b) Fractional Part of Barrel.--In the case of a fraction
of a barrel, the tax imposed by subsection (a) shall be the
same fraction of the amount of such tax imposed on the whole
barrel.
``(c) Tax Paid by Producer.--The tax imposed by this
section shall be paid by the producer of the taxable crude
oil.
``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE
PRICE.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of
the barrel of taxable crude oil over the adjusted base price
of such barrel.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means the amount for
which the barrel of taxable crude oil is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil removed from property before sale.--If crude oil
is removed from the property before it is sold, the removal
price shall be the constructive sales price for purposes of
determining gross income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the day such
manufacture or conversion begins, and
``(B) the removal price shall be the constructive sales
price for purposes of determining gross income from the
property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``(c) Adjusted Base Price Defined.--
``(1) In general.--For purposes of this chapter, the term
`adjusted base price' means $40 for each barrel of taxable
crude oil plus an amount equal to--
``(A) such base price, multiplied by
``(B) the inflation adjustment for the calendar year in
which the taxable crude oil is removed from the property.
The amount determined under the preceding sentence shall be
rounded to the nearest cent.
``(2) Inflation adjustment.--
``(A) In general.--For purposes of paragraph (1), the
inflation adjustment for any calendar year after 2006 is the
percentage by which--
``(i) the implicit price deflator for the gross national
product for the preceding calendar year, exceeds
``(ii) such deflator for the calendar year ending December
31, 2005.
``(B) First revision of price deflator used.--For purposes
of subparagraph (A), the first revision of the price deflator
shall be used.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS .
``(a) Withholding and Deposit of Tax.--The Secretary shall
provide such rules as are necessary for the withholding and
deposit of the tax imposed under section 5896 on any taxable
crude oil.
``(b) Records and Information.--Each taxpayer liable for
tax under section 5896 shall keep such records, make such
returns, and furnish such information (to the Secretary and
to other persons having an interest in the taxable crude oil)
with respect to such oil as the Secretary may by regulations
prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall
provide for the filing and the time of such filing of the
return of the tax imposed under section 5896.
``(d) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil.
``(2) Crude oil.--
``(A) In general.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(B) Exclusion of newly discovered oil.--Such term shall
not include any oil produced from a well drilled after the
date of the enactment of the Windfall Profits Tax Act of
2005, except with respect to any oil produced from a well
drilled after such date on any proven oil or gas property
(within the meaning of section 613A(c)(9)(A)).
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(e) Adjustment of Removal Price.--In determining the
removal price of oil from a property in the case of any
transaction, the Secretary may adjust the removal price to
reflect clearly the fair market value of oil removed.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this chapter.
``(g) Termination.--This section shall not apply to taxable
crude oil removed after the date which is 10 years after the
date of the enactment of this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
E of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Chapter 56. Windfall Profit on Crude Oil.''.
(c) Deductibility of Windfall Profit Tax.--The first
sentence of section 164(a) of the Internal Revenue Code of
1986 (relating to deduction for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) The windfall profit tax imposed by section 5896.''.
(d) American Consumer Rebate.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 (relating to rules of special
application in the case of abatements, credits, and refunds)
is amended by adding at the end the following new section:
``SEC. 6430. AMERICAN CONSUMER REBATE.
``(a) General Rule.--Except as otherwise provided in this
section, each individual shall be treated as having made a
payment against the tax imposed by chapter 1 in an amount
equal to_
``(1) in the case of any taxable year beginning in 2006,
$150, and
``(2) in the case of any taxable year beginning after 2006,
the applicable amount.
``(b) Applicable Amount.--For purposes of this section, the
applicable amount for any taxpayer for any taxable year shall
be determined by the Secretary not later than December 31
(beginning in 2007) taking into account the number of such
taxpayers and 75 percent of the amount of revenues in the
Treasury resulting from the tax imposed by section 5896 for
such taxable year.
[[Page S12612]]
``(c) Credits and Refunds.--Under regulations prescribed by
the Secretary, any amount treated as a payment under
subsection (a) for the taxable year shall be credited against
the tax liability of the taxpayer under section 1 for such
taxable year or, in the absence of such tax liability of the
taxpayer for such taxable year, refunded to the taxpayer.
``(d) Certain Persons Not Eligible.--This section shall not
apply to--
``(1) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which such
individual's taxable year begins,
``(2) any estate or trust, or
``(3) any nonresident alien individual.''.
(2) Conforming amendment.--Section 1324(b)(2) of title 31,
United States Code, is amended by inserting before the period
``, or enacted by the Windfall Profits Tax Act of 2005''.
(3) Clerical amendment.--The table of sections for
subchapter B of chapter 65 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 6430. American consumer rebate.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(e) Low Income Home Energy Assistance Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9511. LOW-INCOME HOME ENERGY ASSISTANCE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Low-Income Home Energy Assistance Trust Fund', consisting of
any amount appropriated or credited to the Trust Fund as
provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby
appropriated to the Low-Income Home Energy Assistance Trust
Fund for each fiscal year beginning after September 30, 2005,
amounts equivalent to 7.5 percent of the taxes received in
the Treasury under section 5896 (relating to windfall profit
tax on crude oil) for such fiscal year.
``(c) Expenditures From Trust Fund.--Amounts in the Low
Income Home Energy Assistance Trust Fund shall be available,
without further appropriation, for each fiscal year to carry
out the program under the Low-Income Home Energy Assistance
Act of 1981 for which funds are authorized under section
2602(b) of such Act for such fiscal year, but only if not
less than $1,800,000,000 has been appropriated for such
program for such fiscal year (determined without regard to
any amount appropriated to the Low Income Home Energy
Assistance Trust Fund).''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9511. Low-Income Home Energy Assistance Trust Fund.''.
(f) Energy Efficient Motor Vehicles Manufacturing Credit.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
foreign tax credit, etc.) is amended by adding at the end the
following new section:
``SEC. 30D. ENERGY EFFICIENT MOTOR VEHICLES MANUFACTURING
CREDIT.
``(a) Credit Allowed.--In the case of an eligible taxpayer,
subject to a credit allocation under subsection (e) to such
eligible taxpayer, there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year to an
amount equal to the sum of--
``(1) the initial investment credit determined under
subsection (b) for the taxable year,
``(2) the fuel economy achievement credit determined under
subsection (c) for such taxable year, and
``(3) the eligible components R&D credit determined under
subsection (d) for such taxable year.
``(b) Initial Investment Credit.--For purposes of this
section, the initial investment credit is equal to 20 percent
of the qualified investment of an eligible taxpayer with
respect to energy efficient motor vehicles during the taxable
year beginning in 2006.
``(c) Fuel Economy Achievement Credit.--For purposes of
this section--
``(1) In general.--In the case of an eligible taxpayer who
meets the requirements of paragraph (2) for a model year
ending in a taxable year specified in the table contained in
paragraph (3), the fuel economy achievement credit for such
taxable year is equal to 30 percent of the sum of--
``(A) at the election of the eligible taxpayer, such
qualified investment for any preceding taxable year beginning
after 2005 if such taxable year has not previously been taken
into account under this subsection by such taxpayer, plus
``(B) at the election of the eligible taxpayer, the
qualified investment with respect to energy efficient motor
vehicles of the eligible taxpayer for the taxable year
beginning in 2015.
``(2) Demonstrated combined fleet economy improvements.--
The requirements of this paragraph are met for any model year
ending in a taxable year if the eligible taxpayer can
demonstrate to the satisfaction of the Secretary that the
percentage by which the taxpayer's overall combined fuel
economy standard for the taxpayer's vehicle fleet for such
model year exceeds such standard for such taxpayer's 2005
model year as reported to the National Highway Traffic Safety
Administration under section 32907 of title 49, United States
Code, is not less than the percentage determined for such
model year under paragraph (3).
``(3) Percentage increase.--The percentage determined under
this paragraph for any taxable year is equal to--
``Model year ending in taxable year Percentage increase
2008................................................................5
2009...............................................................10
2010...............................................................15
2011...............................................................20
2012.............................................................27.5
2013...............................................................35
2014.............................................................42.5
2015...............................................................50
``(d) Eligible Components R&D Credit.--For purposes of this
section, the eligible R&D credit for any taxable year is
equal to 30 percent of the research and development costs
paid or incurred by an eligible taxpayer for such taxable
year with respect to eligible components used or to be used
in the manufacture of energy efficient motor vehicles.
``(e) Limitation.--
``(1) Initial investment credit and fuel economy
achievement credit.--Subject to paragraph (2), the aggregate
amount of initial investment credits and fuel economy
achievement credits allowed under subsection (a) for any
taxable year beginning in a calendar year after 2005 shall be
allocated by the Secretary among all eligible taxpayers--
``(A) based on each eligible taxpayer's percentage of the
total qualified investment of all such taxpayers, and
``(B) such that such aggregate amount does not exceed--
``(i) $1,000,000,000, plus
``(ii) any amount of credit unallocated during any
preceding calendar year.
``(2) Eligible components r&d credit.--Of the dollar amount
available for allocation under paragraph (1) for any taxable
year, 10 percent of such amount shall be allocated in the
same manner by the Secretary among all eligible taxpayers
with respect to the eligible components R&D credit.
``(f) Qualified Investment.--For purposes of this section--
``(1) In general.--The qualified investment for any taxable
year is equal to the incremental costs incurred during such
taxable year--
``(A) to re-equip or expand any manufacturing facility of
the eligible taxpayer to produce energy efficient motor
vehicles or to produce eligible components, and
``(B) for engineering integration of such vehicles and
components as described in subsection (h).
``(2) Attribution rules.--In the event a facility of the
eligible taxpayer produces both energy efficient motor
vehicles and conventional motor vehicles, or eligible and
non-eligible components, only the qualified investment
attributable to production of energy efficient motor vehicles
and the research and development costs attributable to
eligible components shall be taken into account.
``(g) Energy Efficient Motor Vehicles and Eligible
Components.--For purposes of this section--
``(1) Energy efficient motor vehicle.--The term `energy
efficient motor vehicle' means--
``(A) any new advanced lean burn technology motor vehicle
(as defined in section 30B(c)(3) determined without regard to
subparagraph (A)(iv)(II) thereof or the weight limitation
under subparagraph (A)(iv)(I) thereof),
``(B) any new qualified hybrid motor vehicle (as defined in
section 30B(d)(3)(A) determined without regard to
subparagraph (A)(ii)(II) thereof, the weight limitation under
subparagraph (A)(ii)(I) thereof, and subparagraph (A)(iv)
thereof), or
``(C) any other new technology motor vehicle identified by
the Secretary as offering a substantial increase in fuel
economy.
``(2) Eligible components.--The term `eligible component'
means any component inherent to any energy efficient motor
vehicle, including--
``(A) with respect to any gasoline-electric new qualified
hybrid motor vehicle--
``(i) electric motor or generator,
``(ii) power split device,
``(iii) power control unit,
``(iv) power controls,
``(v) integrated starter generator, or
``(vi) battery,
``(B) with respect to any new advanced lean burn technology
motor vehicle--
``(i) diesel engine,
``(ii) turbocharger,
``(iii) fuel injection system, or
``(iv) after-treatment system, such as a particle filter or
NOx absorber, and
``(C) with respect to any energy efficient motor vehicle,
any other component approved by the Secretary.
``(h) Engineering Integration Costs.--For purposes of
subsection (f)(1)(B), costs for engineering integration are
costs incurred prior to the market introduction of energy
efficient vehicles for engineering tasks related to--
``(1) incorporating eligible components into the design of
energy efficient motor vehicles, and
``(2) designing new tooling and equipment for production
facilities which produce eligible components or energy
efficient motor vehicles.
[[Page S12613]]
``(i) Eligible Taxpayer.--For purposes of this section, the
term `eligible taxpayer' means, with respect to any taxable
year, any taxpayer if more than 25 percent of the taxpayer's
gross receipts for the taxable year is derived from the
manufacture of motor vehicles or any component parts of such
vehicles.
``(j) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for the taxable year shall not
exceed the excess of--
``(1) the sum of--
``(A) the regular tax liability (as defined in section
26(b)) for such taxable year, plus
``(B) the tax imposed by section 55 for such taxable year,
over
``(2) the sum of the credits allowable under subpart A and
sections 27, 30, 30B, and 30C for the taxable year.
``(k) Reduction in Basis.--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 paragraph) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(l) No Double Benefit.--
``(1) Coordination with other deductions and credits.--The
amount of any deduction or other credit allowable under this
chapter for any cost taken into account in determining the
amount of the credit under subsection (a) shall be reduced by
the amount of such credit attributable to such cost.
``(2) Research and development costs.--
``(A) In general.--Except as provided in subparagraph (B),
any amount described in subsection (d) taken into account in
determining the amount of the credit under subsection (a) for
any taxable year shall not be taken into account for purposes
of determining the credit under section 41 for such taxable
year.
``(B) Costs taken into account in determining base period
research expenses.--Any amounts described in subsection (d)
taken into account in determining the amount of the credit
under subsection (a) for any taxable year which are qualified
research expenses (within the meaning of section 41(b)) shall
be taken into account in determining base period research
expenses for purposes of applying section 41 to subsequent
taxable years.
``(m) Business Carryovers Allowed.--If the credit allowable
under subsection (a) for a taxable year exceeds the
limitation under subsection (j) for such taxable year, such
excess (to the extent of the credit allowable with respect to
property subject to the allowance for depreciation) shall be
allowed as a credit carryback and carryforward under rules
similar to the rules of section 39.
``(n) Definitions and Special Rules.--For purposes of this
section--
``(1) Definitions.--Any term which is used in this section
and in chapter 329 of title 49, United States Code, shall
have the meaning given such term by such chapter.
``(2) Special rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 179A(e) and paragraphs (1)
and (2) of section 41(f) shall apply.
``(o) Election Not to Take Credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(p) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(q) Termination.--This section shall not apply to any
qualified investment made after December 31, 2015.''.
(2) Conforming amendments.--
(A) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period
at the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30D(k).''.
(B) Section 6501(m) of such Code is amended by inserting
``30D(o),'' after ``30C(e)(5),''.
(C) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30C the
following new item:
``Sec. 30D. Energy efficient motor vehicles manufacturing credit.''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts incurred in taxable years beginning
after December 31, 2005.
(g) Transfer to Highway Trust Fund to Fund Highway Projects
and Aid Highway Users.--
(1) In general.--Section 9503(b)(1) of the Internal Revenue
Code of 1986 (relating to certain taxes) is amended--
(A) by inserting ``(before January 1, 2016, in the case of
taxes under section 5896)'' after ``2011''
(B) by striking ``and'' at the end of subparagraph (D),
(C) by striking the period at the end of subparagraph (E)
and inserting ``, and'',
(D) by inserting after subparagraph (E) the following new
subparagraph:
``(F) section 5896 (relating to windfall profit tax).'',
and
(E) by adding at the end the following new sentence: ``For
purposes of this paragraph, the aggregate amount which is
appropriated to the Highway Trust Fund as determined by
reference to taxes received under section 5896 shall be
reduced by the aggregate amount of the American consumer
rebate determined under section 6430, the amount appropriated
for each fiscal year to the Low-Income Home Energy Assistance
Trust Fund under section 9511(b), and an amount of
$1,000,000,000 for each of fiscal years 2006 through 2015.''
(2) Portion to mass transit account.--Section 9503(e)(2) of
such Code (relating to transfers to Mass Transit Account) is
amended by inserting ``and 18.5 percent of the amounts
appropriated to the Highway Trust Fund under subsection (b)
which are attributable to the tax under section 5896'' after
``1983''.
(3) Special rule regarding highway projects funded by
windfall profit tax revenues.--Notwithstanding section 120 of
title 23, United States Code, the Federal share of the cost
of any project or activity carried out using funds deposited
in the Highway Trust Fund under section 9503(b)(1)(F) of the
Internal Revenue Code of 1986 shall be 100 percent to the
extent such funds are available under such section.
(h) Effective Date.--Except as otherwise provided, the
amendments made by this section shall apply to crude oil
removed after the date of the enactment of this Act, in
taxable years ending after such date.
______
By Ms. SNOWE:
S. 1982. A bill to amend the Internal Revenue Code of 1986 to provide
a tax credit against residential heating costs; to the Committee on
Finance.
Ms. SNOWE. Mr. President, today I rise to introduce legislation that
would provide a tax credit for home energy costs to low- and middle-
income taxpayers. This legislation will help those who are struggling
to simply heat their homes as winter approaches and while fuel prices
remain so high.
Home heating oil in Maine is $2.52 per gallon, up 59 cents from a
year ago. Kerosene prices average $2.95 a gallon, 75 cents higher than
this time last year. Some projections have a gallon of heating oil
reaching $3.00! And I am told that rolling blackouts on cold days this
winter may be a possibility because of a high demand for electricity.
According to the National Energy Assistance Directors Association,
heating costs for the average family using heating oil are projected to
hit $1,666 for the upcoming winter. This represents an increase of $403
over last winter's prices and $714 over the winter heating season of
2003-2004. Should colder weather prevail, these costs will surely
increase, especially for States like Maine.
So understandably, my constituents are asking how they will be able
to afford to pay home heating oil bills that are 30 percent more
expensive than last year. This is a crisis that has arrived.
Heating one's home is a necessity of life--so much so that 73 percent
of households in a recent survey reported they would cut back on, and
even go without, other necessities such as food, prescription drugs,
and mortgage and rent payments. Churches, food pantries, local service
organizations--they are all deeply concerned, and the leaves have
barely fallen from the trees.
In order to help low- and middle-income families heat their homes
this winter, I am proposing a tax credit for home energy costs up to
$500. The credit would be available to married couples earning less
than $100,000 and single taxpayers making less than $50,000.
My legislation also directs the Treasury Department to assist
individuals to adjust their withholding amounts for 2006, which will
immediately increase take home pay. Without adjusting their
withholding, taxpayers would not benefit from the credit until they
file their taxes sometime in 2007, possibly long after energy prices
have returned to a normal level. As a result, this is a crucial
provision to ensure that these individuals and families get a helping
hand exactly when they need it most. Finally, any unused credit amount
could be carried back to the prior two taxable years or carried forward
to future taxable years.
It is critical that those who would benefit from the home energy
credit are not at the same time required to shoulder the burden of the
cost of the credit through an increase in the national debt. This
credit should be paid for, and it makes sense to me that costs of the
credit should be financed by those who profit the most by high energy
prices, namely large oil companies. I am concerned that while many
individuals are forced to make the choice of heating one's home or
meeting the other basic necessities of life, large oil companies are
showing record profits. Therefore, the Home Energy Cost Tax Assistance
Act includes an offset provision to disallow the tax benefit that large
oil companies with
[[Page S12614]]
revenues in excess of $1 billion in 2005 receive by use of the Last-In,
First-Out (LIFO) tax accounting method. Instead, these companies would
be required to use the First-In, First-Out (FIFO) method of accounting
for 2005. Put another way, the proposal would scale back a tax
provision that allows oil companies to take an enormous tax deduction
when prices are sky high and allows them to boost after-tax profits
even further. As big oil companies show record profits on the backs of
ordinary Americans, they have less of a need for such a tax break, and
I believe it is fair to scale back this tax break in order to lend a
helping hand to low- and middle-income workers.
It is critical that Congress act to help low and middle income
Americans absorb the increased home energy costs associated with the
drastic increase in price of fuel. Temperatures are falling, prices are
rising and we must move swiftly.
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. 1982
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 ``Home Energy Assistance Act
of 2005''.
SEC. 2. TAX CREDIT AGAINST RESIDENTIAL HEATING COSTS.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 25D the following new section:
``SEC. 25E. CREDIT AGAINST RESIDENTIAL HEATING COSTS.
``(a) General Rule.--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 amount
paid or incurred during such taxable year for residential
heating costs.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of the credit allowed
to under subsection (a) to any taxpayer shall not exceed $500
for any taxable year.
``(2) Limitation based on adjusted gross income.--
``(A) In general.--The amount of the credit which would
(but for this paragraph) be taken into account under
subsection (a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined under
this subparagraph is the amount which bears the same ratio to
the amount which would be so taken into account as--
``(i) the excess of--
``(I) the taxpayers adjusted gross income for such taxable
year, over
``(II) the threshold amount, bears to
``(ii) the phaseout amount.
``(C) Threshold amount.--For purposes of this paragraph,
the term `threshold amount' means--
``(i) $80,000 in the case of a joint return,
``(ii) $65,000 in the case of a head of a household, and
``(iii) $40,000 in any other case.
``(D) Phaseout amount.--For purposes of this paragraph, the
term `phaseout amount' means--
``(i) $20,000 in the case of a joint return or a head of a
household, and
``(ii) $10,000 in any other case.
``(3) Maximum credit per household.--
``(A) In general.--In the case of any household, the credit
under subsection (a) shall be allowed only to the individual
residing in such household who furnishes the largest portion
(whether or not more than one-half) of the cost of
maintaining such household.
``(B) Determination of amount.--In the case of an
individual described in subparagraph (A), such individual
shall, for purposes of determining the amount of the credit
allowed under subsection (a), be treated as having paid or
incurred during such taxable year for increased residential
heating costs an amount equal to the sum of the amounts paid
or incurred for such heating costs by all individuals
residing in such household (including any amount allocable to
any such individual under subsection (d) or (e)).
``(c) Carryback of Credit.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the limitation under
subsection (b)(1) for such taxable year, such excess shall be
allowed--
``(A) as a credit carryback to each of the 2 taxable years
preceding such taxable year, and
``(B) as a credit carryforward to each of the 20 taxable
years following such taxable year.
``(2) Amount carried to each year.--Rules similar to the
rules of section 39(b)(2) shall apply for purposes of this
section.
``(3) Limitation.--The amount of unused credit which may be
taken into account under paragraph (1) for any taxable year
shall not exceed the limitation under subsection (b)(1).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential heating costs.--The term `residential
heating costs' means costs incurred in connection with an
energy source used to heat a principal residence of the
taxpayer located in the United States.
``(2) Principal residence.--The term `principal residence'
has the same meaning as in section 121, except that--
``(A) no ownership requirement shall be imposed, and
``(B) the principal residence must be used by the taxpayer
as the taxpayer's residence during the taxable year.
``(3) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if
the taxpayer and the taxpayer's spouse file a joint return
for the taxable year.
``(4) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in
the calendar year in which such individual's taxable year
begins--
``(A) no credit shall be allowed under subsection (a) to
such individual for such individual's taxable year, and
``(B) residential heating costs paid by such individual
during such individual's taxable year shall be treated for
purposes of this section as paid by such other taxpayer.
``(e) Homeowners Associations.--The application of this
section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined
in section 216), shall be allowed by allocation,
apportionment, or otherwise, to the individuals paying,
directly or indirectly, for the increased residential heating
cost so incurred.
``(f) Applicability of Section.--This section shall apply
to taxable years beginning after December 31, 2005, and
before January 1, 2007.''.
(b) Reduction in Withholding.--The Secretary of the
Treasury--
(1) shall educate taxpayers on adjusting withholding of
taxes to reflect any anticipated tax credit under section 25E
of the Internal Revenue Code of 1986, and
(2) may adjust the wage withholding tables prescribed under
section 3402(a)(1) of such Code to take into account the
credit allowed under section 25E of such Code.
(c) Clerical Amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by striking the item relating
to section 35 and by adding at the end the following new
items:
``Sec. 25E. Credit against residential heating costs.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.
SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD OF ACCOUNTING BY
LARGE INTEGRATED OIL COMPANIES FOR LAST TAXABLE
YEAR ENDING BEFORE OCTOBER 1, 2005.
(a) General Rule.--Notwithstanding any other provision of
law, an applicable integrated oil company shall, in
determining the amount of Federal income tax imposed on such
company for its most recent taxable year ending on or before
September 30, 2005, use the first-in, first-out (FIFO) method
of accounting rather than the last-in, last-out (LIFO) method
of accounting with respect to its crude oil inventories.
(b) Application of Requirement.--The requirement to use the
first-in, first-out (FIFO) method of accounting under
subsection (a)--
(1) shall not be treated as a change in method of
accounting, and
(2) shall be disregarded in determining the method of
accounting required to be used in any succeeding taxable
year.
(c) Applicable Integrated Oil Company.--For purposes of
this section, the term ``applicable integrated oil company''
means an integrated oil company (as defined in section
291(b)(4) of the Internal Revenue Code of 1986) which--
(1) had gross receipts in excess of $1,000,000,000 for its
most recent taxable year ending on or before September 30,
2005, and
(2) would, without regard to this section, use the last-in,
first-out (LIFO) method of accounting with respect to its
crude oil inventories for such taxable year.
For purposes of paragraph (1), all persons treated as a
single employer under subsections (a) and (b) of section 52
of the Internal Revenue Code of 1986 shall be treated as 1
person.
______
By Mr. SANTORUM (for himself, Mr. Nelson of Nebraska, Mr. Inhofe,
Mr. DeMint, Mr. DeWine, Mr. Hagel, Mr. Coburn, Mr. Gregg, Mr.
Brownback, Mr. Ensign, Mr. Martinez, Mr. Kyl, Mr. Vitter, and
Mr. Burr):
S. 1983. A bill to prohibit certain abortion-related discrimination
in governmental activities; to the Committee on Health, Education,
Labor, and Pensions.
Mr. SANTORUM. Mr. President, I rise today to introduce the Abortion
[[Page S12615]]
Non-Discrimination Act of 2005. I am pleased to be joined in this
effort by Senators Ben Nelson, Inhofe, DeMint, DeWine, Hagel, Coburn,
Gregg, Brownback, Ensign, Martinez, Kyl, Vitter, and Burr.
Abortion has been, and continues to be, one of the most divisive
social issues in our Nation. I realize that there are people of good
will on both sides of this issue, people who working for the best
interests of women, children and families. Despite the great
disagreements, there are points of this debate where the vast majority
of Americans agree, for example the Partial-Birth Abortion Ban Act, the
Unborn Victims of Violence Act, and the Born-Alive Infants Protection
Act. The bill I introduce today is one of these areas of common ground.
However one may feel about abortion, surely we can agree on the
principle that no one should be forced to participate in an abortion in
violation of one's conscience.
We should all agree that no person or entity should be forced,
against their will or conscience, to provide, refer for, or pay for an
abortion. No entity should be forced to choose between being involved
in an abortion or losing its funding, its certification, or its ability
to exist as a hospital. Healthcare entities including physicians, other
health professionals, hospitals, provider-sponsored organizations,
health maintenance organizations, and health insurance plans should not
be coerced into providing abortion services, and they certainly should
not be discriminated against because of their objections to providing
or paying for abortions.
Current law, as has been interpreted by some courts, only provides
protection for individual physicians, postgraduate physician training
programs, and participants in health professions training. This narrow
interpretation excludes from protection those who deserve it. The
Abortion Non-Discrimination Act of 2005 directly addresses these
concerns by clarifying and strengthening existing law. This legislation
makes clear that other health professionals, hospitals, health
insurance plans, and any other kind of health care facility,
organization, or plan cannot be forced to perform, provide coverage of,
or pay for an abortion when it conflicts with their conscience. These
individuals and organizations deserve the freedom to follow their
conscience in protecting innocent life. They should not be forced to
suffer financial consequences for their choice not to participate in an
abortion.
I am thankful for the Hyde-Weldon conscience protection language that
was included in the Consolidated Appropriations Act of 2005, but I
believe it is appropriate to codify such conscience protection in
Federal law. I am hopeful the Senate will act to pass the Abortion Non-
Discrimination Act during this Congress.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1983
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 ``Abortion Non-Discrimination
Act of 2005''.
SEC. 2. ABORTION NON-DISCRIMINATION.
Section 245 of the Public Health Service Act (42 U.S.C.
238n) is amended--
(1) in the section heading by striking ``AND LICENSING OF
PHYSICIANS'' and inserting ``, LICENSING, AND PRACTICE OF
PHYSICIANS AND OTHER HEALTH CARE ENTITIES'';
(2) in subsection (a)(1), by striking ``to perform such
abortions'' and inserting ``to perform, provide coverage of,
or pay for induced abortions''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``includes'' and
inserting ``means''; and
(B) in paragraph (2)--
(i) by inserting ``or other health professional,'' after
``an individual physician'';
(ii) by striking ``and a participant'' and inserting ``a
participant''; and
(iii) by inserting before the period the following: ``, a
hospital, a provider sponsored organization, a health
maintenance organization, a health insurance plan, or any
other kind of health care facility, organization or plan''.
______
By Mr. ALLARD:
S. 1986. A bill to provide for the coordination and use of the
National Domestic Preparedness Consortium by the Department of Homeland
Security, and for other purposes; to the Committee on Homeland Security
and Governmental Affairs.
Mr. ALLARD. Mr. President, the events of the past few months remind
us of the vital role of first responders in responding to natural
disasters and terrorists attacks. First responders are just that: the
first to respond. When they arrive on the scene, they often face fluid
and volatile situations whereupon they are required to make split-
second decisions, each of which has the potential to affect thousands
of lives. For this reason, it is important that our first responders
receive the training and experience needed to make critical life saving
decisions under emergency circumstances. I believe that an essential
element of preparing our first responders is to provide them with
hands-on experience in simulated, real-world training environments.
The importance of real world training was called to my attention by a
visit to the Technology Training Center (TTC) in Pueblo, CO. There, I
witnessed first hand the tools at our disposal to equip our first
responders with the training they need, specifically in the context of
rail and mass transit. Already aware of the training facilities at the
disposal of our first responders through the Department of Homeland
Security's National Domestic Preparedness Consortium (NDPC), TTC's
potential to fill a gap in the rail and mass transit environment became
apparent.
Congress recognized the need to train first responders in the 1998
Appropriations Act, Public Law 105-119, and accompanying report. There,
Congress stated that, while the Federal Government plays an important
role in preventing and responding to these types of threats, state and
local public safety personnel are typically first to respond to the
scene when such incidents occur. As a result, Congress authorized the
Attorney General to assist state and local public safety personnel in
acquiring the specialized training and equipment necessary to safely
respond to and manage terrorist incidents involving weapons of mass
destruction.
On April 30, 1998, the Attorney General delegated authority to the
Justice Department's Office of Justice Programs (OJP) to develop and
administer training and equipment assistance programs for state and
local emergency response agencies to better prepare them against this
threat. To execute this mission, the Office of Justice Programs
established the Office for Domestic Preparedness (ODP) to develop and
administer a national Domestic Preparedness Program.
Upon passage of the Homeland Security Act of 2002, Pub. L. 107-296,
the ODP was transferred to the Department of Homeland Security from
OJP. In 2003, a number of grant programs and functions from other DHS
components were consolidated with ODP, including the NDPC, under a new
DHS agency, the Office of State and Local Government Coordination and
Preparedness (SLGCP).
Today, SLGCP is the Federal Government's lead agency responsible for
preparing the nation against terrorism by assisting states, local and
tribal jurisdictions, and regional authorities as they prevent, deter,
and respond to terrorist acts. SLGCP's ODP provides tailored training
to enhance the capacity of States and local jurisdictions to prevent,
deter, and respond safely and effectively to emergency situations.
ODP draws upon a coalition of ``training partners'' in the
development and delivery of state-of-the-art training programs. This
coalition is composed of government facilities, academic institutions,
and private organizations, all of which are committed to providing a
variety of specialized training for emergency responders across the
country.
ODP's major training partner is the NDPC, through which ODP
identifies, develops, tests, and delivers training to state and local
emergency responders. The NDPC includes: ODP's Center for Domestic
Preparedness (CDP): CDP provides advanced, hands-on training to members
of the emergency response community in the areas of command, advanced
hazmat, and tactical operations. CDP is the only WMD training facility
that provides hands-on training to civilian emergency responders in
[[Page S12616]]
a toxic chemical agent environment. New Mexico Institute of Mining and
Technology (NMIMT): NMIMT, a world leader in explosives research,
serves as the lead NDPC partner for explosives, firearms, and
incendiary devices training. New Mexico Tech also delivers a program on
suicide bombing prevention. Louisiana State University (LSU): LSU
provides training and expertise in the areas of law enforcement,
bioterrorism, agricultural terrorism, weapons of mass destruction, and
mass casualty incidents. Texas A&M University System, Texas Engineering
Extension Service (TEEX): TEEX develops and conducts national WMD
preparedness training for all emergency response disciplines, as well
as courses in incident management/unified command, threat and risk
assessments, operations for public works, and WMD operations for
emergency medical services. TEEX also conducts a structural collapse
technician course to build state capabilities for urban search and
rescue operations. Department of Energy's Nevada Test Site (NTS): NTS
conducts radiological and nuclear training at NTS and via mobile
training teams. It also develops and delivers radiological/nuclear
mobile training at the awareness and operations levels and conducts
train-the-trainer courses for first responders across the country.
Although it consists of an impressive array of training facilities,
the National Domestic Preparedness Consortium is not statutorily
authorized and does not include a facility that is uniquely focused on
emergency preparedness within the railroad and mass transit
environment. Therefore, in addition to specifically authorizing the
NDPC, this bill incorporates the Transportation Technology Center into
the Department of Homeland Security's National Domestic Preparedness
Consortium, filling a critical gap in its current training agenda.
TTC is a federally-owned, 52 square mile multi-modal testing and
training facility in Pueblo, Colorado, operated by the Association of
American Railroads (AAR). In 1985, TTC established an on site Emergency
Response Training Center (ERTC) to train railroad officials to safely
handle accidents involving tank cars carrying hazardous materials. The
training proved to be so successful that attendance was opened up to
other emergency responders. TTC now serves not only the transportation
service industry, but also the public sector emergency response
community, the chemical industry, government agencies, and emergency
response contractors from all over the world.
Each year, an average of 1,700 first responders--from Portland, ME to
Portland, OR--travel to Pueblo, CO, to participate in TTC's training
program. Former participants include over 600 fire departments and
entities from 45 states; 16 state police agencies from Arkansas,
Colorado, Idaho, Illinois, Indiana, Kentucky, Louisiana, Massachusetts,
Michigan, Missouri, New Jersey, Nebraska, New Mexico, Oregon, Texas,
and Washington; and numerous government agencies, including the U.S.
Air Force, Army, Coast Guard, Customs Service, Federal Bureau of
Investigations, Environmental Protection Agency, Drug Enforcement
Agency, National Oceanic and Atmospheric Administration, and the
National Transportation Safety Board. In its 20 year history, the
facility has trained more than 20,000 students worldwide.
The ERTC is regarded as the ``graduate school'' of hazmat training
because of its focus on hands-on, true to life, training exercises on
actual rail vehicles, including tank cars and passenger rail cars. The
ERTC is uniquely positioned to teach emergency response for railway-
related emergencies with 69 railway freight cars, 15 railroad passenger
cars, 25 highway cargo tanks, van trailers, and intermodal containers,
and computer work stations equipped with the latest emergency response
software. The Passenger Railcar Security and Integrity Training
Facility is currently being developed to test various inspection,
response, and remediation techniques' effectiveness for mitigation to
incidents involving passenger railcars. This facility focuses on
chemical, biological, radiological, nuclear, or explosive incidents and
other activities associated with potential terrorist events.
The distinctive environment of TTC allows testing and training
activities to be carried out at a remote Colorado location without
disruption to the flow of passenger and rail traffic in and around
urban areas. Its inclusion in the NDPC presents a unique opportunity to
enhance technology and training that will improve our Nation's ability
to prevent, minimize, and respond to potential terrorist attacks
similar to those recently seen in London and Madrid.
It is for these reasons, among others, that I rise today to introduce
a bill statutorily authorizing the National Domestic Preparedness
Consortium, as expanded to include the Transportation Technology Center
in Pueblo, CO, and providing for its coordination and use by the
Department of Homeland Security in training the Nation's first
responders.
____________________