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TITLE
V --DEDUCTION OF STATE
"(5)
GENERAL SALES TAXES. --For purposes of subsection
(a) -- "(A)
ELECTION TO DEDUCT STATE "(i)
IN GENERAL. --At the election of the taxpayer for
the taxable year, subsection (a) shall be applied -- "(I)
without regard to the reference to State and local
income taxes, and "(II)
as if State and local general sales taxes were
referred to in a paragraph thereof. "(B)
DEFINITION OF GENERAL SALES TAX. --The term 'general
sales tax' means a tax imposed at one rate with
respect to the sale at retail of a broad range of
classes of items. "(C)
SPECIAL RULES FOR "(i)
the fact that the tax does not apply with respect to
some or all of such items shall not be taken into
account in determining whether the tax applies with
respect to a broad range of classes of items, and "(ii)
the fact that the rate of tax applicable with
respect to some or all of such items is lower than
the general rate of tax shall not be taken into
account in determining whether the tax is imposed at
one rate. "(D)
ITEMS TAXED AT DIFFERENT RATES. --Except in the case
of a lower rate of tax applicable with respect to an
item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any
general sales tax imposed with respect to an item at
a rate other than the general rate of tax. "(E)
COMPENSATING USE TAXES. --A compensating use tax
with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term 'compensating use tax' means,
with respect to any item, a tax which -- "(i)
is imposed on the use, storage, or consumption of
such item, and "(ii)
is complementary to a general sales tax, but only if
a deduction is allowable under this paragraph with
respect to items sold at retail in the taxing
jurisdiction which are similar to such item. "(F)
SPECIAL RULE FOR MOTOR VEHICLES. --In the case of
motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and
the general rate shall be treated as the rate of
tax. "(G)
SEPARATELY STATED GENERAL SALES TAXES. --If the
amount of any general sales tax is separately
stated, then, to the extent that the amount so
stated is paid by the consumer (other than in
connection with the consumer's trade or business) to
the seller, such amount shall be treated as a tax
imposed on, and paid by, such consumer. "(H)
AMOUNT OF DEDUCTION "(i)
IN GENERAL. --At the election of the taxpayer for
the taxable year, the amount of the deduction
allowed under this paragraph for such year shall be
-- "(I)
the amount determined under this paragraph (without
regard to this subparagraph) with respect to motor
vehicles, boats, and other items specified by the
Secretary, and "(II)
the amount determined under tables prescribed by the
Secretary with respect to items to which subclause
(I) does not apply. "(ii)
REQUIREMENTS FOR TABLES. --The tables prescribed
under clause (i) -- "(I)
shall reflect the provisions of this paragraph, "(II)
shall be based on the average consumption by
taxpayers on a State-by-State basis (as determined
by the Secretary) of items to which clause (i)(I)
does not apply, taking into account filing status,
number of dependents, adjusted gross income, and
rates of State and local general sales taxation, and "( "(I)
APPLICATION OF PARAGRAPH. --This paragraph shall
apply to taxable years beginning after
TITLE
VI --FAIR
Subtitle
C --Implementation and Transition
TITLE
"(14)
qualified green building and sustainable design
projects.".
"(l)
QUALIFIED GREEN BUILDING "(1)
IN GENERAL. --For purposes of subsection (a)(14),
the term 'qualified green building and sustainable
design project' means any project which is
designated by the Secretary, after consultation with
the Administrator of the Environmental Protection
Agency, as a qualified green building and
sustainable design project and which meets the
requirements of clauses (i), (ii), (iii), and (iv)
of paragraph (4)(A). "(2)
DESIGNATIONS. -- "(A)
IN GENERAL. --Within 60 days after the end of the
application period described in paragraph (3)(A),
the Secretary, after consultation with the
Administrator of the Environmental Protection
Agency, shall designate qualified green building and
sustainable design projects. At least one of the
projects designated shall be located in, or within a
10-mile radius of, an empowerment zone as designated
pursuant to section 1391, and at least one of the
projects designated shall be located in a rural
State. No more than one project shall be designated
in a State. A project shall not be designated if
such project includes a stadium or arena for
professional sports exhibitions or games. "(B)
MINIMUM CONSERVATION "(i)
reduce electric consumption by more than 150
megawatts annually as compared to conventional
generation, "(ii)
reduce daily sulfur dioxide emissions by at least 10
tons compared to coal generation power, "(iii)
expand by 75 percent the domestic solar photovoltaic
market in the United States (measured in megawatts)
as compared to the expansion of that market from
2001 to 2002, and "(iv)
use at least 25 megawatts of fuel cell energy
generation. "(3)
LIMITED DESIGNATIONS. --A project may not be
designated under this subsection unless -- "(A)
the project is nominated by a State or local
government within 180 days of the enactment of this
subsection, and "(B)
such State or local government provides written
assurances that the project will satisfy the
eligibility criteria described in paragraph (4). "(4)
APPLICATION. -- "(A)
IN GENERAL. --A project may not be designated under
this subsection unless the application for such
designation includes a project proposal which
describes the energy efficiency, renewable energy,
and sustainable design features of the project and
demonstrates that the project satisfies the
following eligibility criteria: "(i)
GREEN BUILDING "(I)
For wood products, certification under the
Sustainable Forestry Initiative Program and the
American Tree Farm System. "(II)
For renewable wood products, as credited for
recycled content otherwise provided under LEED
certification. "( "(ii)
BROWNFIELD REDEVELOPMENT. --The project includes a
brownfield site as defined by section 101(39) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601),
including a site described in subparagraph (D)(ii)(II)(aa)
thereof. "(iii)
STATE "(iv)
SIZE. --The project includes at least one of the
following: "(I)
At least 1,000,000 square feet of building. "(II)
At least 20 acres. "(v)
USE OF TAX BENEFIT. --The project proposal includes
a description of the net benefit of the taxexempt
financing provided under this subsection which will
be allocated for financing of one or more of the
following: "(I)
The purchase, construction, integration, or other
use of energy efficiency, renewable energy, and
sustainable design features of the project. "(II)
Compliance with certification standards cited under
clause (i). "( "(vi)
PROHIBITED FACILITIES. --An issue shall not be
treated as an issue described in subsection (a)(14)
if any proceeds of such issue are used to provide
any facility the principal business of which is the
sale of food or alcoholic beverages for consumption
on the premises. "(vii)
EMPLOYMENT. --The project is projected to provide
permanent employment of at least 1,500 full time
equivalents (150 full time equivalents in rural
States) when completed and construction employment
of at least 1,000 full time equivalents (100 full
time equivalents in rural States). The
application shall include an independent analysis
which describes the project's economic impact,
including the amount of projected employment. "(B)
PROJECT DESCRIPTION. --Each application described in
subparagraph (A) shall contain for each project a
description of -- "(i)
the amount of electric consumption reduced as
compared to conventional construction, "(ii)
the amount of sulfur dioxide daily emissions reduced
compared to coal generation, "(iii)
the amount of the gross installed capacity of the
project's solar photovoltaic capacity measured in
megawatts, and "(iv)
the amount, in megawatts, of the project's fuel cell
energy generation. "(5)
CERTIFICATION OF USE OF TAX BENEFIT. --No later than
30 days after the completion of the project, each
project must certify to the Secretary that the net
benefit of the tax-exempt financing was used for the
purposes described in paragraph (4). "(6)
DEFINITIONS. --For purposes of this subsection -- "(A)
RURAL STATE. --The term 'rural State' means any
State which has -- "(i)
a population of less than 4,500,000 according to the
2000 census, "(ii)
a population density of less than 150 people per
square mile according to the 2000 census, and "(iii)
increased in population by less than half the rate
of the national increase between the 1990 and 2000
censuses. "(B)
LOCAL GOVERNMENT. --The term 'local government' has
the meaning given such term by section 1393(a)(5). "(C)
"(7)
AGGREGATE FACE AMOUNT OF TAX-EXEMPT FINANCING. -- "(A)
IN GENERAL. --An issue shall not be treated as an
issue described in subsection (a)(14) if the
aggregate face amount of bonds issued by the State
or local government pursuant thereto for a project
(when added to the aggregate face amount of bonds
previously so issued for such project) exceeds an
amount designated by the Secretary as part of the
designation. "(B)
LIMITATION ON AMOUNT OF BONDS. --The Secretary may
not allocate authority to issue qualified green
building and sustainable design project bonds in an
aggregate face amount exceeding $2,000,000,000. "(8)
TERMINATION. --Subsection (a)(14) shall not apply
with respect to any bond issued after "(9)
TREATMENT OF CURRENT REFUNDING BONDS. --Paragraphs
(7)(B) and (8) shall not apply to any bond (or
series of bonds) issued to refund a bond issued
under subsection (a)(14) before "(A)
the average maturity date of the issue of which the
refunding bond is a part is not later than the
average maturity date of the bonds to be refunded by
such issue, "(B)
the amount of the refunding bond does not exceed the
outstanding amount of the refunded bond, and "(C)
the net proceeds of the refunding bond are used to
redeem the refunded bond not later than 90 days
after the date of the issuance of the refunding
bond. For
purposes of subparagraph (A), average maturity shall
be determined in accordance with section
147(b)(2)(A).".
"(18)
TREATMENT OF GAIN OR LOSS ON SALE OR EXCHANGE OF
CERTAIN BROWNFIELD SITES. -- "(A)
IN GENERAL. --Notwithstanding paragraph (5)(B),
there shall be excluded any gain or loss from the
qualified sale, exchange, or other disposition of
any qualifying brownfield property by an eligible
taxpayer. "(B)
ELIGIBLE TAXPAYER. --For purposes of this paragraph
-- "(i)
IN GENERAL. --The term 'eligible taxpayer' means,
with respect to a property, any organization exempt
from tax under section 501(a) which -- "(I)
acquires from an unrelated person a qualifying
brownfield property, and "(II)
pays or incurs eligible remediation expenditures
with respect to such property in an amount which
exceeds the greater of $550,000 or 12 percent of the
fair market value of the property at the time such
property was acquired by the eligible taxpayer,
determined as if there was not a presence of a
hazardous substance, pollutant, or contaminant on
the property which is complicating the expansion,
redevelopment, or reuse of the property. "(ii)
EXCEPTION. --Such term shall not include any
organization which is -- "(I)
potentially liable under section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 with respect to the
qualifying brownfield property, "(II)
affiliated with any other person which is so
potentially liable through any direct or indirect
familial relationship or any contractual, corporate,
or financial relationship (other than a contractual,
corporate, or financial relationship which is
created by the instruments by which title to any
qualifying brownfield property is conveyed or
financed or by a contract of sale of goods or
services), or "( "(C)
QUALIFYING BROWNFIELD PROPERTY. --For purposes of
this paragraph -- "(i)
IN GENERAL. --The term 'qualifying brownfield
property' means any real property which is
certified, before the taxpayer incurs any eligible
remediation expenditures (other than to obtain a
Phase I environmental site assessment), by an
appropriate State agency (within the meaning of
section 198(c)(4)) in the State in which such
property is located as a brownfield site within the
meaning of section 101(39) of the Comprehensive
Environmental Response, Compensation, and Liability
Act of 1980 (as in effect on the date of the
enactment of this paragraph). "(ii)
REQUEST FOR CERTIFICATION. --Any request by an
eligible taxpayer for a certification described in
clause (i) shall include a sworn statement by the
eligible taxpayer and supporting documentation of
the presence of a hazardous substance, pollutant, or
contaminant on the property which is complicating
the expansion, redevelopment, or reuse of the
property given the property's reasonably anticipated
future land uses or capacity for uses of the
property (including a Phase I environmental site
assessment and, if applicable, evidence of the
property's presence on a local, State, or Federal
list of brownfields or contaminated property) and
other environmental assessments prepared or obtained
by the taxpayer. "(D)
QUALIFIED SALE, EXCHANGE, OR OTHER DISPOSITION.
--For purposes of this paragraph -- "(i)
IN GENERAL. --A sale, exchange, or other disposition
of property shall be considered as qualified if -- "(I)
such property is transferred by the eligible
taxpayer to an unrelated person, and "(II)
within 1 year of such transfer the eligible taxpayer
has received a certification from the Environmental
Protection Agency or an appropriate State agency
(within the meaning of section 198(c)(4)) in the
State in which such property is located that, as a
result of the eligible taxpayer's remediation
actions, such property would not be treated as a
qualifying brownfield property in the hands of the
transferee. For
purposes of subclause (II), before issuing such
certification, the Environmental Protection Agency
or appropriate State agency shall respond to
comments received pursuant to clause (ii)(V) in the
same form and manner as required under section
117(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (as in
effect on the date of the enactment of this
paragraph). "(ii)
REQUEST FOR CERTIFICATION. --Any request by an
eligible taxpayer for a certification described in
clause (i) shall be made not later than the date of
the transfer and shall include a sworn statement by
the eligible taxpayer certifying the following: "(I)
Remedial actions which comply with all applicable or
relevant and appropriate requirements (consistent
with section 121(d) of the Comprehensive
Environmental Response, Compensation, and Liability
Act of 1980) have been substantially completed, such
that there are no hazardous substances, pollutants,
or contaminants which complicate the expansion,
redevelopment, or reuse of the property given the
property's reasonably anticipated future land uses
or capacity for uses of the property. "(II)
The reasonably anticipated future land uses or
capacity for uses of the property are more
economically productive or environmentally
beneficial than the uses of the property in
existence on the date of the certification described
in subparagraph (C)(i). For purposes of the
preceding sentence, use of property as a landfill or
other hazardous waste facility shall not be
considered more economically productive or
environmentally beneficial. "( "(IV)
The remediation plan described in subclause ( "(V)
Public notice and the opportunity for comment on the
request for certification was completed before the
date of such request. Such notice and opportunity
for comment shall be in the same form and manner as
required for public participation required under
section 117(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(as in effect on the date of the enactment of this
paragraph). For purposes of this subclause, public
notice shall include, at a minimum, publication in a
major local newspaper of general circulation. "(iii)
ATTACHMENT TO TAX RETURNS. --A copy of each of the
requests for certification described in clause (ii)
of subparagraph (C) and this subparagraph shall be
included in the tax return of the eligible taxpayer
(and, where applicable, of the qualifying
partnership) for the taxable year during which the
transfer occurs. "(iv)
SUBSTANTIAL COMPLETION. --For purposes of this
subparagraph, a remedial action is substantially
complete when any necessary physical construction is
complete, all immediate threats have been
eliminated, and all long-term threats are under
control. "(E)
ELIGIBLE REMEDIATION EXPENDITURES. --For purposes of
this paragraph -- "(i)
IN GENERAL. --The term 'eligible remediation
expenditures' means, with respect to any qualifying
brownfield property, any amount paid or incurred by
the eligible taxpayer to an unrelated third person
to obtain a Phase I environmental site assessment of
the property, and any amount so paid or incurred
after the date of the certification described in
subparagraph (C)(i) for goods and services necessary
to obtain a certification described in subparagraph
(D)(i) with respect to such property, including
expenditures -- "(I)
to manage, remove, control, contain, abate, or
otherwise remediate a hazardous substance,
pollutant, or contaminant on the property, "(II)
to obtain a Phase II environmental site assessment
of the property, including any expenditure to
monitor, sample, study, assess, or otherwise
evaluate the release, threat of release, or presence
of a hazardous substance, pollutant, or contaminant
on the property, "( "(IV)
regardless of whether it is necessary to obtain a
certification described in subparagraph (D)(i)(II),
to obtain remediation cost-cap or stoploss coverage,
re-opener or regulatory action coverage, or similar
coverage under environmental insurance policies, or
financial guarantees required to manage such
remediation and monitoring. "(ii)
EXCEPTIONS. --Such term shall not include -- "(I)
any portion of the purchase price paid or incurred
by the eligible taxpayer to acquire the qualifying
brownfield property, "(II)
environmental insurance costs paid or incurred to
obtain legal defense coverage, owner/operator
liability coverage, lender liability coverage,
professional liability coverage, or similar types of
coverage, "( "(IV)
any expenditure paid or incurred before the date of
the enactment of this paragraph. For
purposes of subclause ( "(F)
DETERMINATION OF GAIN OR LOSS. --For purposes of
this paragraph, the determination of gain or loss
shall not include an amount treated as gain which is
ordinary income with respect to section 1245 or
section 1250 property, including amounts deducted as
section 198 expenses which are subject to the
recapture rules of section 198(e), if the taxpayer
had deducted such amounts in the computation of its
unrelated business taxable income. "(G)
SPECIAL RULES FOR PARTNERSHIPS. -- "(i)
IN GENERAL. --In the case of an eligible taxpayer
which is a partner of a qualifying partnership which
acquires, remediates, and sells, exchanges, or
otherwise disposes of a qualifying brownfield
property, this paragraph shall apply to the eligible
taxpayer's distributive share of the qualifying
partnership's gain or loss from the sale, exchange,
or other disposition of such property. "(ii)
QUALIFYING PARTNERSHIP. --The term 'qualifying
partnership' means a partnership which -- "(I)
has a partnership agreement which satisfies the
requirements of section 514(c)(9)(B)(vi) at all
times beginning on the date of the first
certification received by the partnership under
subparagraph (C)(i), "(II)
satisfies the requirements of subparagraphs (B)(i),
(C), (D), and (E), if 'qualified partnership' is
substituted for 'eligible taxpayer' each place it
appears therein (except subparagraph (D)(iii)), and "( "(iii)
REQUIREMENT THAT TAX-EXEMPT PARTNER BE A PARTNER
SINCE FIRST CERTIFICATION. --This paragraph shall
apply with respect to any eligible taxpayer which is
a partner of a partnership which acquires,
remediates, and sells, exchanges, or otherwise
disposes of a qualifying brownfield property only if
such eligible taxpayer was a partner of the
qualifying partnership at all times beginning on the
date of the first certification received by the
partnership under subparagraph (C)(i) and ending on
the date of the sale, exchange, or other disposition
of the property by the partnership. "(iv)
REGULATIONS. --The Secretary shall prescribe such
regulations as are necessary to prevent abuse of the
requirements of this subparagraph, including abuse
through -- "(I)
the use of special allocations of gains or losses,
or "(II)
changes in ownership of partnership interests held
by eligible taxpayers. "(H)
SPECIAL RULES FOR MULTIPLE PROPERTIES. -- "(i)
IN GENERAL. --An eligible taxpayer or a qualifying
partnership of which the eligible taxpayer is a
partner may make a 1-time election to apply this
paragraph to more than 1 qualifying brownfield
property by averaging the eligible remediation
expenditures for all such properties acquired during
the election period. If the eligible taxpayer or
qualifying partnership makes such an election, the
election shall apply to all qualified sales,
exchanges, or other dispositions of qualifying
brownfield properties the acquisition and transfer
of which occur during the period for which the
election remains in effect. "(ii)
ELECTION. --An election under clause (i) shall be
made with the eligible taxpayer's or qualifying
partnership's timely filed tax return (including
extensions) for the first taxable year for which the
taxpayer or qualifying partnership intends to have
the election apply. An election under clause (i) is
effective for the period -- "(I)
beginning on the date which is the first day of the
taxable year of the return in which the election is
included or a later day in such taxable year
selected by the eligible taxpayer or qualifying
partnership, and "(II)
ending on the date which is the earliest of a date
of revocation selected by the eligible taxpayer or
qualifying partnership, the date which is 8 years
after the date described in subclause (I), or, in
the case of an election by a qualifying partnership
of which the eligible taxpayer is a partner, the
date of the termination of the qualifying
partnership. "(iii)
REVOCATION. --An eligible taxpayer or qualifying
partnership may revoke an election under clause (i)(II)
by filing a statement of revocation with a timely
filed tax return (including extensions). A
revocation is effective as of the first day of the
taxable year of the return in which the revocation
is included or a later day in such taxable year
selected by the eligible taxpayer or qualifying
partnership. Once an eligible taxpayer or qualifying
partnership revokes the election, the eligible
taxpayer or qualifying partnership is ineligible to
make another election under clause (i) with respect
to any qualifying brownfield property subject to the
revoked election. "(I)
RECAPTURE. --If an eligible taxpayer excludes gain
or loss from a sale, exchange, or other disposition
of property to which an election under subparagraph
(H) applies, and such property fails to satisfy the
requirements of this paragraph, the unrelated
business taxable income of the eligible taxpayer for
the taxable year in which such failure occurs shall
be determined by including any previously excluded
gain or loss from such sale, exchange, or other
disposition allocable to such taxpayer, and interest
shall be determined at the overpayment rate
established under section 6621 on any resulting tax
for the period beginning with the due date of the
return for the taxable year during which such sale,
exchange, or other disposition occurred, and ending
on the date of payment of the tax. "(J)
RELATED PERSONS. --For purposes of this paragraph, a
person shall be treated as related to another person
if -- "(i)
such person bears a relationship to such other
person described in section 267(b) (determined
without regard to paragraph (9) thereof), or section
707(b)(1), determined by substituting '25 percent'
for '50 percent' each place it appears therein, and "(ii)
in the case such other person is a nonprofit
organization, if such person controls directly or
indirectly more than 25 percent of the governing
body of such organization. "(K)
TERMINATION. --Except for purposes of determining
the average eligible remediation expenditures for
properties acquired during the election period under
subparagraph (H), this paragraph shall not apply to
any property acquired by the eligible taxpayer or
qualifying partnership after (b)
EXCLUSION FROM DEFINITION OF DEBT-FINANCED PROPERTY.
--Section 514(b)(1) (defining debt-financed
property) is amended by striking "or" at
the end of subparagraph (C), by striking the period
at the end of subparagraph (D) and inserting ";
or", and by inserting after subparagraph (D)
the following new subparagraph: "(E)
any property the gain or loss from the sale,
exchange, or other disposition of which would be
excluded by reason of the provisions of section
512(b)(18) in computing the gross income of any
unrelated trade or business.". (c)
SAVINGS CLAUSE. --Nothing in the amendments made by
this section shall affect any duty, liability, or
other requirement imposed under any other Federal or
State law. Notwithstanding section 128(b) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, a certification provided
by the Environmental Protection Agency or an
appropriate State agency (within the meaning of
section 198(c)(4) of the Internal Revenue Code of
1986) shall not affect the liability of any person
under section 107(a) of such Act. (d)
EFFECTIVEDATE. --The amendments made by this section
shall apply to any gain or loss on the sale,
exchange, or other disposition of any property
acquired by the taxpayer after
(a)
DEDUCTION ALLOWED WHETHER OR NOT TAXPAYER ITEMIZES
OTHER DEDUCTIONS. --Subsection (a) of section 62
(defining adjusted gross income) is amended by
inserting after paragraph (18) the following new
item: "(19)
COSTS INVOLVING DISCRIMINATION SUITS, (b)
UNLAWFUL DISCRIMINATION DEFINED. --Section 62 is
amended by adding at the end the following new
subsection: "(e)
UNLAWFUL DISCRIMINATION DEFINED. --For purposes of
subsection (a)(19), the term 'unlawful
discrimination' means an act that is unlawful under
any of the following: "(1)
Section 302 of the Civil Rights Act of 1991 (2 U.S.C.
1202). "(2)
Section 201, 202, 203, 204, 205, 206, or 207 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1311, 1312, 1313, 1314, 1315, 1316, or 1317). "(3)
The National Labor Relations Act (29 U.S.C. 151 et
seq.). "(4)
The Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.). "(5)
Section 4 or 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623 or 633a). "(6)
Section 501 or 504 of the Rehabilitation Act of 1973
(29 U.S.C. 791 or 794). "(7)
Section 510 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1140). "(8)
Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.). "(9)
The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.). "(10)
The Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2102 et seq.). "(11)
Section 105 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2615). "(12)
Chapter 43 of title 38, United States Code (relating
to employment and reemployment rights of members of
the uniformed services). "(13)
Section 1977, 1979, or 1980 of the Revised Statutes
(42 U.S.C. 1981, 1983, or 1985). "(14)
Section 703, 704, or 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-2, 2000e-3, or 2000e-16). "(15)
Section 804, 805, 806, 808, or 818 of the Fair
Housing Act (42 U.S.C. 3604, 3605, 3606, 3608, or
3617). "(16)
Section 102, 202, 302, or 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112, 12132,
12182, or 12203). "(17)
Any provision of Federal law (popularly known as
whistleblower protection provisions) prohibiting the
discharge of an employee, the discrimination against
an employee, or any other form of retaliation or
reprisal against an employee for asserting rights or
taking other actions permitted under Federal law. "(18)
Any provision of Federal, State, or local law, or
common law claims permitted under Federal, State, or
local law -- "(i)
providing for the enforcement of civil rights, or "(ii)
regulating any aspect of the employment
relationship, including claims for wages,
compensation, or benefits, or prohibiting the
discharge of an employee, the discrimination against
an employee, or any other form of retaliation or
reprisal against an employee for asserting rights or
taking other actions permitted by law.".
"(ii)
any motorsports entertainment complex, and".
"(15)
MOTORSPORTS ENTERTAINMENT COMPLEX. -- "(A)
IN GENERAL. --The term 'motorsports entertainment
complex' means a racing track facility which -- "(i)
is permanently situated on land, and "(ii)
during the 36-month period following the first day
of the month in which the asset is placed in
service, hosts 1 or more racing events for
automobiles (of any type), trucks, or motorcycles
which are open to the public for the price of
admission. "(B)
ANCILLARY "(i)
ancillary facilities and land improvements in
support of the complex's activities (including
parking lots, sidewalks, waterways, bridges, fences,
and landscaping), "(ii)
support facilities (including food and beverage
retailing, souvenir vending, and other nonlodging
accommodations), and "(iii)
appurtenances associated with such facilities and
related attractions and amusements (including ticket
booths, race track surfaces, suites and hospitality
facilities, grandstands and viewing structures,
props, walls, facilities that support the delivery
of entertainment services, other special purpose
structures, facades, shop interiors, and buildings). "(C)
EXCEPTION. --Such term shall not include any
transportation equipment, administrative services
assets, warehouses, administrative buildings,
hotels, or motels. "(D)
TERMINATION. --This paragraph shall not apply to any
property placed in service after
"(1)
the amount under subsection (a)(2) for such taxable
year shall be treated as zero, and "(2)
notwithstanding subsection (b), in determining any
subtractions from an account under subsections
(c)(3) and (d)(3), any distribution to shareholders
during such taxable year shall be treated as made
first out of the policyholders surplus account, then
out of the shareholders surplus account, and finally
out of other accounts.".
"(iii)
any Alaska natural gas pipeline, and".
"(16)
ALASKA NATURAL "(A)
has a capacity of more than 500,000,000,000 Btu of
natural gas per day, and "(B)
is -- "(i)
placed in service after "(ii)
treated as placed in service on Such
term includes the pipe, trunk lines, related
equipment, and appurtenances used to carry natural
gas, but does not include any gas processing
plant.".
"(C)(iii) ................................................................. 22".
"(D)
Any amount which is paid or incurred during the
taxable year to construct a gas treatment plant
which -- "(i)
is located in the area of the United States (within
the meaning of section 638(1)) lying north of 64
degrees North latitude, "(ii)
prepares Alaska natural gas for transportation
through a pipeline with a capacity of at least
2,000,000,000,000 Btu of natural gas per day, and "(iii)
produces carbon dioxide which is injected into
hydrocarbon-bearing geological formations.".
"(5)
ALASKA NATURAL "(1)
IN GENERAL. --The term 'Alaska natural gas' means
natural gas entering the Alaska natural gas pipeline
(as defined in section 168(i)(16) (determined
without regard to subparagraph (B) thereof)) which
is produced from a well -- "(A)
located in the area of the State of Alaska lying
north of 64 degrees North latitude, determined by
excluding the area of the Alaska National Wildlife
Refuge (including the continental shelf thereof
within the meaning of section 638(1)), and "(B)
pursuant to the applicable State and Federal
pollution prevention, control, and permit
requirements from such area (including the
continental shelf thereof within the meaning of
section 638(1)). "(2)
NATURAL
"(ii)
INSIGNIFICANT "(I)
IN GENERAL. --An eligible employer shall not be
treated as failing to meet the requirements of this
paragraph for any taxable year if, in lieu of any
reduction of retiree health coverage permitted under
the regulations prescribed under clause (i), the
employer reduces applicable employer cost by an
amount not in excess of the reduction in costs which
would have occurred if the employer had made the
maximum permissible reduction in retiree health
coverage under such regulations. In applying such
regulations to any subsequent taxable year, any
reduction in applicable employer cost under this
clause shall be treated as if it were an equivalent
reduction in retiree health coverage. "(II)
ELIGIBLE EMPLOYER. --For purposes of subclause (I),
an employer shall be treated as an eligible employer
for any taxable year if, for the preceding taxable
year, the qualified current retiree health
liabilities of the employer were at least 5 percent
of the gross receipts of the employer. For purposes
of this subclause, the rules of paragraphs (2),
(3)(B), and (3)(C) of section 448(c) shall apply in
determining the amount of an employer's gross
receipts.".
"(i)
IN GENERAL. --The Secretary".
"(1)
IN GENERAL. --The term 'qualified energy resources'
means -- "(A)
wind, "(B)
closed-loop biomass, "(C)
open-loop biomass, "(D)
geothermal energy, "(E)
solar energy, "(F)
small irrigation power, and "(G)
municipal solid waste. "(2)
CLOSED-LOOP BIOMASS. --The term 'closed-loop
biomass' means any organic material from a plant
which is planted exclusively for purposes of being
used at a qualified facility to produce electricity. "(3)
OPEN-LOOP BIOMASS. -- "(A)
IN GENERAL. --The term 'open-loop biomass' means -- "(i)
any agricultural livestock waste nutrients, or "(ii)
any solid, nonhazardous, cellulosic waste material
which is segregated from other waste materials and
which is derived from -- "(I)
any of the following forest-related resources: mill
and harvesting residues, precommercial thinnings,
slash, and brush, "(II)
solid wood waste materials, including waste pallets,
crates, dunnage, manufacturing and construction wood
wastes (other than pressuretreated,
chemically-treated, or painted wood wastes), and
landscape or right-of-way tree trimmings, but not
including municipal solid waste, gas derived from
the biodegradation of solid waste, or paper which is
commonly recycled, or "( Such
term shall not include closed-loop biomass or
biomass burned in conjunction with fossil fuel (cofiring)
beyond such fossil fuel required for startup and
flame stabilization. "(B)
AGRICULTURAL LIVESTOCK WASTE NUTRIENTS. -- "(i)
IN GENERAL. --The term 'agricultural livestock waste
nutrients' means agricultural livestock manure and
litter, including wood shavings, straw, rice hulls,
and other bedding material for the disposition of
manure. "(ii)
AGRICULTURAL LIVESTOCK. --The term 'agricultural
livestock' includes bovine, swine, poultry, and
sheep. "(4)
GEOTHERMAL ENERGY. --The term 'geothermal energy'
means energy derived from a geothermal deposit
(within the meaning of section 613(e)(2)). "(5)
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 nameplate capacity rating of which is not less
than 150 kilowatts but is less than 5 megawatts. "(6)
MUNICIPAL SOLID WASTE. --The term 'municipal solid
waste' has the meaning given the term 'solid waste'
under section 2(27) of the Solid Waste Disposal Act
(42 U.S.C. 6903). "(7)
REFINED COAL. -- "(A)
IN GENERAL. --The term 'refined coal' means a fuel
which -- "(i)
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, "(ii)
is sold by the taxpayer with the reasonable
expectation that it will be used for purpose of
producing steam, "(iii)
is certified by the taxpayer as resulting (when used
in the production of steam) in a qualified emission
reduction, and "(iv)
is produced in such a manner as to result in 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. "(B)
QUALIFIED EMISSION REDUCTION. --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
"(1)
"(2)
CLOSED-LOOP BIOMASS FACILITY. -- "(A)
IN GENERAL. --In the case of a facility using
closedloop biomass to produce electricity, the term
'qualified facility' means any facility -- "(i)
owned by the taxpayer which is originally placed in
service after "(ii)
owned by the taxpayer which before "(B)
SPECIAL RULES. --In the case of a qualified facility
described in subparagraph (A)(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 clause, "(ii)
the amount of the credit determined under subsection
(a) with respect to the facility shall be an amount
equal to the amount determined without regard to
this clause multiplied by the ratio of the thermal
content of the closed-loop biomass used in such
facility to the thermal content of all fuels used in
such facility, and "(iii)
if the owner of such facility is not the producer of
the electricity, the person eligible for the credit
allowable under subsection (a) shall be the lessee
or the operator of such facility. "(3)
OPEN-LOOP BIOMASS FACILITIES. -- "(A)
IN GENERAL. --In the case of a facility using
openloop biomass to produce electricity, the term
'qualified facility' means any facility owned by the
taxpayer which -- "(i)
in the case of a facility using agricultural
livestock waste nutrients -- "(I)
is originally placed in service after the date of
the enactment of this subclause and before "(II)
the nameplate capacity rating of which is not less
than 150 kilowatts, and "(ii)
in the case of any other facility, is originally
placed in service before "(B)
CREDIT ELIGIBILITY. --In the case of any facility
described in subparagraph (A), if the owner of such
facility is not the producer of the electricity, the
person eligible for the credit allowable under
subsection (a) shall be the lessee or the operator
of such facility. "(4)
GEOTHERMAL OR SOLAR ENERGY FACILITY. --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 paragraph and before "(5)
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 the date of the enactment of
this paragraph and before "(6)
LANDFILL "(7)
TRASH COMBUSTION FACILITIES. --In the case of a
facility which burns municipal solid waste 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 paragraph and before "(8)
REFINED COAL PRODUCTION FACILITY. --The term
'refined coal production facility' means a facility
which is placed in service after the date of the
enactment of this paragraph and before
"(A)
DETERMINATION OF CREDIT AMOUNT. --In the case of a
producer of refined coal, the credit determined
under this section (without regard to this
paragraph) for any taxable year shall be increased
by an amount equal to $4.375 per ton of qualified
refined coal -- "(i)
produced by the taxpayer at a refined coal
production facility during the 10-year period
beginning on the date the facility was originally
placed in service, and "(ii)
sold by the taxpayer -- "(I)
to an unrelated person, and "(II)
during such 10-year period and such taxable year. "(B)
PHASEOUT OF CREDIT. --The amount of the increase
determined under subparagraph (A) shall be reduced
by an amount which bears the same ratio to the
amount of the increase (determined without regard to
this subparagraph) as -- "(i)
the amount by which the reference price of fuel used
as a feedstock (within the meaning of subsection
(c)(7)(A)) for the calendar year in which the sale
occurs exceeds an amount equal to 1.7 multiplied by
the reference price for such fuel in 2002, bears to "(ii)
$8.75. "(C)
APPLICATION OF RULES. --Rules similar to the rules
of the subsection (b)(3) and paragraphs (1) through
(5) and (9) of this subsection shall apply for
purposes of determining the amount of any increase
under this paragraph.".
"(4)
CREDIT "(A)
CREDIT "(B)
CREDIT PERIOD. -- "(i)
IN GENERAL. --Except as provided in clause (ii), in
the case of any facility described in paragraph (3),
(4), (5), (6), or (7) of subsection (d), 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). "(ii)
CERTAIN OPEN-LOOP BIOMASS FACILITIES. --In the case
of any facility described in subsection (d)(3)(A)(ii)
placed in service before the date of the enactment
of this paragraph, the 5-year period beginning on
the date of the enactment of this Act shall be
substituted for the 10-year period in subsection
(a)(2)(A)(ii).".
"(9)
COORDINATION WITH CREDIT FOR PRODUCING
"(4)
SPECIAL RULES FOR SPECIFIED CREDITS. -- "(A)
IN GENERAL. --In the case of specified credits -- "(i)
this section and section 39 shall be applied
separately with respect to such credits, and "(ii)
in applying paragraph (1) to such credits -- "(I)
the tentative minimum tax 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 specified credits). "(B)
SPECIFIED CREDITS. --For purposes of this
subsection, the term 'specified credits' includes -- "(i)
for taxable years beginning after "(ii)
the credit determined under section 45 to the extent
that such credit is attributable to electricity or
refined coal produced -- "(I)
at a facility which is originally placed in service
after the date of the enactment of this paragraph,
and "(II)
during the 4-year period beginning on the date that
such facility was originally placed in
service".
This document is divided into multiple parts. To reach other
parts, please use READ. You have reached Part 03 "(1)
Chronic blood transfusion (with deferoxamine
chelation) to prevent stroke in individuals with
Sickle Cell Disease who have been identified as
being at high risk for stroke. "(2)
Genetic counseling and testing for individuals with
Sickle Cell Disease or the sickle cell trait to
allow health care professionals to treat such
individuals and to prevent symptoms of Sickle Cell
Disease. "(3)
Other treatment and services to prevent individuals
who have Sickle Cell Disease and who have had a
stroke from having another stroke.".
"(E)
50 percent of the sums expended with respect to
costs incurred during such quarter as are
attributable to providing -- "(i)
services to identify and educate individuals who are
likely to be eligible for medical assistance under
this title and who have Sickle Cell Disease or who
are carriers of the sickle cell gene, including
education regarding how to identify such
individuals; or "(ii)
education regarding the risks of stroke and other
complications, as well as the prevention of stroke
and other complications, in individuals who are
likely to be eligible for medical assistance under
this title and who have Sickle Cell Disease;
plus".
" 9902.84.14Ceiling fans for permanent
installation (provided for in On or
subheading 8414.51.00) .......FreeNo change No change before
" 9902.84.03Reactor vessel heads and
pressurizers for nuclear
reactors (provided for in On or
subheading 8401.40.00) .......FreeNo change No change before
(c) EFFECTIVE DATE. -- (1) SUBSECTION (a). --The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) SUBSECTION (b). --The amendment made subsection (b) shall apply to goods entered, or withdrawn from warehouse, for consumption on or after the 15th day after the date of the enactment of this Act. |
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