|
TITLE
V --DEDUCTION OF STATE
AND
LOCAL GENERAL SALES TAXES
SEC
. 501. DEDUCTION OF STATE
AND
LOCAL GENERAL SALES TAXES IN LIEU OF STATE
AND
LOCAL INCOME TAXES.
(a) IN GENERAL. --Subsection (b) of section 164
(relating to definitions and special rules) is
amended by adding at the end the following:
"(5)
GENERAL SALES TAXES. --For purposes of subsection
(a) --
"(A)
ELECTION TO DEDUCT STATE
AND
LOCAL SALES TAXES IN LIEU OF STATE
AND
LOCAL INCOME TAXES. --
"(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
FOOD
,
ETC
. --In the case of items of food, clothing, medical
supplies, and motor vehicles --
"(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
MAY
BE DETERMINED UNDER TABLES. --
"(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
"(
III
) need only be determined with respect to adjusted
gross incomes up to the applicable amount (as
determined under section 68(b)).
"(I)
APPLICATION OF PARAGRAPH. --This paragraph shall
apply to taxable years beginning after
December 31, 2003
, and before
January 1, 2006
.".
(b) EFFECTIVE DATE. --The amendments made by this
section shall apply to taxable years beginning after
December 31, 2003
.
TITLE
VI --FAIR
AND
EQUITABLE TOBACCO REFORM
SEC
. 601. SHORT TITLE.
This title may be cited as the "Fair and
Equitable Tobacco Reform Act of 2004".
Subtitle A --Termination of Federal Tobacco Quota
and Price Support Programs
SEC
. 611. TERMINATION OF TOBACCO QUOTA PROGRAM
AND
RELATED PROVISIONS.
(a) MARKETING QUOTAS. --Part I of subtitle B of
title
III
of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1311 et seq.) is repealed.
(b) TOBACCO INSPECTIONS. --Section 213 of the
Tobacco Adjustment Act of 1983 (7 U.S.C. 511r) is
repealed.
(c) TOBACCO CONTROL. --The Act of April 25, 1936
(commonly known as the Tobacco Control Act; 7 U.S.C.
515 et seq.), is repealed.
(d) PROCESSING TAX. --Section 9(b) of the
Agricultural Adjustment Act (7 U.S.C. 609(b)),
reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended --
(1) in paragraph (2), by striking
"tobacco,"; and
(2) in paragraph (6)(B)(i), by striking ", or,
in the case of tobacco, is less than the fair
exchange value by not more than 10 per
centum,".
(e) DECLARATION OF POLICY. --Section 2 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1282)
is amended by striking "tobacco,".
(f) DEFINITIONS. --Section 301(b) of the
Agricultural Adjustment Act of 1938 (7 U.S.C.
1301(b)) is amended --
(1) in paragraph (3) --
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C);
(2) in paragraph (6)(A), by striking
"tobacco,";
(3) in paragraph (10) --
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B);
(4) in paragraph (11)(B), by striking "and
tobacco";
(5) in paragraph (12), by striking
"tobacco,";
(6) in paragraph (14) --
(A) in subparagraph (A), by striking
"(A)"; and
(B) by striking subparagraphs (B), (C), and (D);
(7) by striking paragraph (15);
(8) in paragraph (16) --
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B);
(9) by striking paragraph (17); and
(10) by redesignating paragraph (16) as paragraph
(15).
(g) PARITY PAYMENTS. --Section 303 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1303)
is amended in the first sentence by striking
"rice, or tobacco," and inserting "or
rice,".
(h) ADMINISTRATIVE PROVISIONS. --Section 361 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1361)
is amended by striking "tobacco,".
(i) ADJUSTMENT OF QUOTAS. --Section 371 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1371)
is amended --
(1) in the first sentence of subsection (a), by
striking "rice, or tobacco" and inserting
"or rice"; and
(2) in the first sentence of subsection (b), by
striking "rice, or tobacco" and inserting
"or rice".
(j) REPORTS
AND
RECORDS. --Section 373 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1373) is amended --
(1) by striking "rice, or tobacco" each
place it appears in subsections (a) and (b) and
inserting "or rice"; and
(2) in subsection (a) --
(A) in the first sentence, by striking "all
persons engaged in the business of redrying,
prizing, or stemming tobacco for producers,";
and
(B) in the last sentence, by striking
"$500;" and all that follows through the
period at the end of the sentence and inserting
"$500.".
(k) REGULATIONS. --Section 375 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1375) is amended --
(1) in subsection (a), by striking "peanuts, or
tobacco" and inserting "or peanuts";
and
(2) by striking subsection (c).
(l) EMINENT DOMAIN. --Section 378 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1378)
is amended --
(1) in the first sentence of subsection (c), by
striking "cotton, and tobacco" and
inserting "and cotton"; and
(2) by striking subsections (d), (e), and (f).
(m) BURLEY TOBACCO
FARM
RECONSTITUTION. --Section 379 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1379) is amended --
(1) in subsection (a) --
(A) by striking "(a)"; and
(B) in paragraph (6), by striking ", but this
clause (6) shall not be applicable in the case of
burley tobacco"; and
(2) by striking subsections (b) and (c).
(n) ACREAGE-POUNDAGE QUOTAS. --Section 4 of the Act
of April 16, 1955 (Public Law 89-12; 7 U.S.C. 1314c
note), is repealed.
(o) BURLEY TOBACCO ACREAGE ALLOTMENTS. --The Act of
July 12, 1952 (7 U.S.C. 1315), is repealed.
(p) TRANSFER OF ALLOTMENTS. --Section 703 of the
Food and Agriculture Act of 1965 (7 U.S.C. 1316) is
repealed.
(q) ADVANCE RECOURSE LOANS. --Section 13(a)(2)(B) of
the Food Security Improvements Act of 1986 (7 U.S.C.
1433c-1(a)(2)(B)) is amended by striking
"tobacco and".
(r) TOBACCO FIELD MEASUREMENT. --Section 1112 of the
Omnibus Budget Reconciliation Act of 1987 (Public
Law 100-203; 101 Stat. 1330-8) is amended by
striking subsection (c).
(s) BURLEY TOBACCO IMPORT REVIEW. --Section 3 of
Public Law 98-59 (7 U.S.C. 625) is repealed.
SEC
. 612. TERMINATION OF TOBACCO PRICE SUPPORT
PROGRAM
AND
RELATED PROVISIONS.
(a) TERMINATION OF TOBACCO PRICE SUPPORT
AND
NO
NET
COST
PROVISIONS. --Sections 106, 106A, and 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445, 1445-1,
1445-2) are repealed.
(b) PARITY PRICE SUPPORT. --Section 101 of the
Agricultural Act of 1949 (7 U.S.C. 1441) is amended
--
(1) in the first sentence of subsection (a), by
striking "tobacco (except as otherwise provided
herein), corn," and inserting "corn";
(2) by striking subsections (c), (g), (h), and (i);
(3) in subsection (d)(3) --
(A) by striking ", except tobacco,"; and
(B) by striking "and no price support shall be
made available for any crop of tobacco for which
marketing quotas have been disapproved by
producers;"; and
(4) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(c) DEFINITION OF BASIC AGRICULTURAL COMMODITY.
--Section 408(c) of the Agricultural Act of 1949 (7
U.S.C. 1428(c)) is amended by striking
"tobacco,".
(d) POWERS OF COMMODITY CREDIT CORPORATION.
--Section 5 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714c) is amended by inserting
"(other than tobacco)" after
"agricultural commodities" each place it
appears.
SEC
. 613. CONFORMING AMENDMENTS.
Section 320B(c)(1) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1314h(c)(1)) is amended --
(1) by inserting "(A)" after
"(1)";
(2) by striking "by" at the end and
inserting "or"; and
(3) by adding at the end the following:
"(B) in the case of the 2004 marketing year,
the price support rate for the kind of tobacco
involved in effect under section 106 of the
Agricultural Act of 1949 (7 U.S.C. 1445) at the time
of the violation; by".
SEC
. 614. CONTINUATION OF LIABILITY FOR 2004
AND
EARLIER CROP YEARS.
The amendments made by this subtitle shall not
affect the liability of any person under any
provision of law so amended with respect to the 2004
or an earlier crop of each kind of tobacco.
Subtitle B --Transitional Payments to Tobacco
Quota Holders and Producers of Tobacco
SEC
. 621. DEFINITIONS.
In this subtitle and subtitle C:
(1) AGRICULTURAL ACT OF 1949. --The term
"Agricultural Act of 1949" means the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as
in effect on the day before the date of the
enactment of this title.
(2) AGRICULTURAL ADJUSTMENT ACT OF 1938. --The term
"Agricultural Adjustment Act of 1938"
means the Agricultural Adjustment Act of 1938 (7
U.S.C. 1281 et seq.), as in effect on the day before
the date of the enactment of this title.
(3) CONSIDERED PLANTED. --The term "considered
planted" means tobacco that was planted, but
failed to be produced as a result of a natural
disaster, as determined by the Secretary.
(4) CONTRACT. --The term "contract" means
a contract entered into under section 622 or 623.
(5) CONTRACT PAYMENT. --The term "contract
payment" means a payment made under section 622
or 623 pursuant to a contract.
(6) PRODUCER OF QUOTA TOBACCO. --The term
"producer of quota tobacco" means an
owner, operator, landlord, tenant, or sharecropper
that shared in the risk of producing tobacco on a
farm where tobacco was produced or considered
planted pursuant to a tobacco farm poundage quota or
farm acreage allotment established under part I of
subtitle B of title
III
of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1311 et seq.).
(7) QUOTA TOBACCO. --The term 'quota tobacco' means
a kind of tobacco that is subject to a farm
marketing quota or farm acreage allotment for the
2004 tobacco marketing year under a marketing quota
or allotment program established under part I of
subtitle B of title
III
of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1311 et seq.).
(8) TOBACCO. --The term "tobacco" means
each of the following kinds of tobacco:
(A) Flue-cured tobacco, comprising types 11, 12, 13,
and 14.
(B) Fire-cured tobacco, comprising types 22 and 23.
(C) Dark air-cured tobacco, comprising types 35 and
36.
(D) Virginia sun-cured tobacco, comprising type 37.
(E) Virginia fire-cured tobacco, comprising type 21.
(F) Burley tobacco, comprising type 31.
(G) Cigar-filler and cigar-binder tobacco,
comprising types 42, 43, 44, 53, 54, and 55.
(9) TOBACCO QUOTA HOLDER. --The term "tobacco
quota holder" means a person that was an owner
of a farm, as of the date of enactment of this
title, for which a basic tobacco farm marketing
quota or farm acreage allotment for quota tobacco
was established for the 2004 tobacco marketing year.
(10) TOBACCO TRUST FUND. --The term "Tobacco
Trust Fund" means the Tobacco Trust Fund
established under section 626.
(11) SECRETARY. --The term "Secretary"
means the Secretary of Agriculture.
SEC
. 622. CONTRACT PAYMENTS TO TOBACCO QUOTA
HOLDERS.
(a) CONTRACT OFFERED. --The Secretary shall offer to
enter into a contract with each tobacco quota holder
under which the tobacco quota holder shall be
entitled to receive payments under this section in
exchange for the termination of tobacco marketing
quotas and related price support under the
amendments made by sections 611 and 612. The
contract payments shall constitute full and fair
consideration for the termination of such tobacco
marketing quotas and related price support.
(b) ELIGIBILITY. --To be eligible to enter into a
contract to receive a contract payment under this
section, a person shall submit to the Secretary an
application containing such information as the
Secretary may require to demonstrate to the
satisfaction of the Secretary that the person is a
tobacco quota holder. The application shall be
submitted within such time, in such form, and in
such manner as the Secretary may require.
(c) BASE QUOTA LEVEL. --
(1) ESTABLISHMENT. --The Secretary shall establish a
base quota level applicable to each tobacco quota
holder identified under subsection (b).
(2) POUNDAGE QUOTAS. --Subject to adjustment under
subsection (d), for each kind of tobacco for which
the marketing quota is expressed in pounds, the base
quota level for each tobacco quota holder shall be
equal to the basic quota for quota tobacco
established for the 2002 tobacco marketing year
under a marketing quota program established under
part I of subtitle B of title
III
of the Agriculture Adjustment Act of 1938 on the
farm owned by the tobacco quota holder.
(3) MARKETING QUOTAS OTHER THAN POUNDAGE QUOTAS.
--Subject to adjustment under subsection (d), for
each kind of tobacco for which there is marketing
quota or allotment on an acreage basis, the base
quota level for each tobacco quota holder shall be
the quantity equal to the product obtained by
multiplying --
(A) the basic tobacco farm marketing quota or
allotment for the 2002 marketing year established by
the Secretary for quota tobacco owned by the tobacco
quota holder; by
(B) the average production yield, per acre, for the
period covering the 2001, 2002, and 2003 crop years
for that kind of tobacco in the county in which the
quota tobacco is located.
(d) TREATMENT OF CERTAIN CONTRACTS
AND
AGREEMENTS. --
(1) EFFECT OF PURCHASE CONTRACT. --If there was an
agreement for the purchase of all or part of a farm
described in subsection (c) as of the date of the
enactment of this title, and the parties to the sale
are unable to agree to the disposition of
eligibility for contract payments, the Secretary,
taking into account any transfer of quota that has
been agreed to, shall provide for the equitable
division of the contract payments among the parties
by adjusting the determination of who is the tobacco
quota holder with respect to particular pounds or
allotment of the quota.
(2) EFFECT OF AGREEMENT FOR PERMANENT QUOTA
TRANSFER. --If the Secretary determines that there
was in existence, as of the day before the date of
the enactment of this title, an agreement for the
permanent transfer of quota, but that the transfer
was not completed by that date, the Secretary shall
consider the tobacco quota holder to be the party to
the agreement that, as of that date, was the owner
of the farm to which the quota was to be
transferred.
(e) CONTRACT PAYMENTS. --
(1) CALCULATION OF TOTAL PAYMENT AMOUNT. --The total
amount of contract payments to which an eligible
tobacco quota holder is entitled under this section,
with respect to a kind of tobacco, shall be equal to
the product obtained by multiplying --
(A) $7.00 per pound; by
(B) the base quota level of the tobacco quota holder
determined under subsection (c) with respect to that
kind of tobacco.
(2) ANNUAL PAYMENT. --During each of fiscal years
2005 through 2014, the Secretary shall make a
contract payment under this section to each eligible
tobacco quota holder, with respect to a kind of
tobacco, in an amount equal to 1/10 of the amount
determined under paragraph (1) for the tobacco quota
holder for that kind of tobacco.
(f) DEATH OF TOBACCO QUOTA HOLDER. --If a tobacco
quota holder who is entitled to contract payments
under this section dies and is survived by a spouse
or one or more dependents, the right to receive the
payments shall transfer to the surviving spouse or,
if there is no surviving spouse, to the estate of
the tobacco quota holder.
SEC
. 623. CONTRACT PAYMENTS FOR PRODUCERS OF QUOTA
TOBACCO.
(a) CONTRACT OFFERED. --The Secretary shall offer to
enter into a contract with each producer of quota
tobacco under which the producer of quota tobacco
shall be entitled to receive payments under this
section in exchange for the termination of tobacco
marketing quotas and related price support under the
amendments made by sections 611 and 612. The
contract payments shall constitute full and fair
consideration for the termination of such tobacco
marketing quotas and related price support.
(b) ELIGIBILITY. --
(1) APPLICATION
AND
DETERMINATION. --To be eligible to enter into a
contract to receive a contract payment under this
section, a person shall submit to the Secretary an
application containing such information as the
Secretary may require to demonstrate to the
satisfaction of the Secretary that the person is a
producer of quota tobacco. The application shall be
submitted within such time, in such form, and in
such manner as the Secretary may require.
(2) EFFECT OF MULTIPLE PRODUCERS FOR SAME QUOTA
TOBACCO. --If, on the basis of the applications
submitted under paragraph (1) or other information,
the Secretary determines that two or more persons
are a producer of the same quota tobacco, the
Secretary shall provide for an equitable
distribution among the persons of the contract
payments made under this section with respect to
that quota tobacco, based on relative share of such
persons in the risk of producing the quota tobacco
and such other factors as the Secretary considers
appropriate.
(c) BASE QUOTA LEVEL. --
(1) ESTABLISHMENT. --The Secretary shall establish a
base quota level applicable to each producer of
quota tobacco, as determined under this subsection.
(2) FLUE-CURED
AND
BURLEY TOBACCO. --In the case of Fluecured tobacco
(types 11, 12, 13, and 14) and Burley tobacco (type
31), the base quota level for each producer of quota
tobacco shall be equal to the effective tobacco
marketing quota (irrespective of disaster lease and
transfers) under part I of subtitle B of title
III
of the Agriculture Adjustment Act of 1938 for the
2002 marketing year for quota tobacco produced on
the farm.
(3) OTHER KINDS OF TOBACCO. --In the case of each
kind of tobacco (other than tobacco covered by
paragraph (2)), for the purpose of calculating a
contract payment to a producer of quota tobacco, the
base quota level for the producer of quota tobacco
shall be the quantity obtained by multiplying --
(A) the basic tobacco farm acreage allotment for the
2002 marketing year established by the Secretary for
quota tobacco produced on the farm; by
(B) the average annual yield, per acre, of quota
tobacco produced on the farm for the period covering
the 2001, 2002, and 2003 crop years.
(d) CONTRACT PAYMENTS. --
(1) CALCULATION OF TOTAL PAYMENT AMOUNT. --Subject
to subsection (b)(2), the total amount of contract
payments to which an eligible producer of quota
tobacco is entitled under this section, with respect
to a kind of tobacco, shall be equal to the product
obtained by multiplying --
(A) subject to paragraph (2), $3.00 per pound; by
(B) the base quota level of the producer of quota
tobacco determined under subsection (c) with respect
to that kind of tobacco.
(2) ANNUAL PAYMENT. --During each of fiscal years
2005 through 2014, the Secretary shall make a
contract payment under this section to each eligible
producer of tobacco, with respect to a kind of
tobacco, in an amount equal to 1/10 of the amount
determined under paragraph (1) for the producer for
that kind of tobacco.
(3) VARIABLE PAYMENT RATES. --The rate for payments
to a producer of quota tobacco under paragraph
(1)(A) shall be equal to --
(A) in the case of a producer of quota tobacco that
produced quota tobacco marketed, or considered
planted, under a marketing quota in all three of the
2002, 2003, or 2004 tobacco marketing years, the
rate prescribed under paragraph (1)(A);
(B) in the case of a producer of quota tobacco that
produced quota tobacco marketed, or considered
planted, under a marketing quota in only two of
those tobacco marketing years, 2/3 of the rate
prescribed under paragraph (1)(A);
(C) in the case of a producer of quota tobacco that
produced quota tobacco marketed, or considered
planted, under a marketing quota in only one of
those tobacco marketing years, 1/3 of the rate
prescribed under paragraph (1)(A).
(e) DEATH OF TOBACCO PRODUCER. --If a producer of
quota tobacco who is entitled to contract payments
under this section dies and is survived by a spouse
or one or more dependents, the right to receive the
contract payments shall transfer to the surviving
spouse or, if there is no surviving spouse, to the
estate of the producer.
SEC
. 624. ADMINISTRATION.
(a) TIME FOR PAYMENT OF CONTRACT PAYMENTS.
--Contract payments required to be made for a fiscal
year shall be made by the Secretary as soon as
practicable.
(b) USE OF COUNTY COMMITTEES TO RESOLVE DISPUTES.
--Any dispute regarding the eligibility of a person
to enter into a contract or to receive contract
payments, and any dispute regarding the amount of a
contract payment, may be appealed to the county
committee established under section 8 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h) for the county or other area in which the
farming operation of the person is located.
(c) ROLE OF NATIONAL APPEALS DIVISION. --Any adverse
determination of a county committee under subsection
(b) may be appealed to the National Appeals Division
established under subtitle H of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6991 et seq.).
(d) USE OF FINANCIAL INSTITUTIONS. --The Secretary
may use a financial institution to manage assets,
make contract payments, and otherwise carry out this
title.
(e) PAYMENT TO FINANCIAL INSTITUTIONS. --The
Secretary shall permit a tobacco quota holder or
producer of quota tobacco entitled to contract
payments to assign to a financial institution the
right to receive the contract payments. Upon
receiving notification of the assignment, the
Secretary shall make subsequent contract payments
for the tobacco quota holder or producer of quota
tobacco directly to the financial institution
designated by the tobacco quota holder or producer
of quota tobacco. The Secretary shall make
information available to tobacco quota holders and
producers of quota tobacco regarding their ability
to elect to have the Secretary make payments
directly to a financial institution under this
subsection so that they may obtain a lump sum or
other payment.
SEC
. 625. USE OF ASSESSMENTS AS SOURCE OF FUNDS FOR
PAYMENTS.
(a) DEFINITIONS. --In this section:
(1) BASE PERIOD. --The term "base period"
means the oneyear period ending the June 30 before
the beginning of a fiscal year.
(2) GROSS DOMESTIC VOLUME. --The term "gross
domestic volume" means the volume of tobacco
products --
(A) removed (as defined by section 5702 of the
Internal Revenue Code of 1986); and
(B) not exempt from tax under chapter 52 of the
Internal Revenue Code of 1986 at the time of their
removal under that chapter or the Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202).
(3) MARKET SHARE. --The term "market
share" means the share of each manufacturer or
importer of a class of tobacco product (expressed as
a decimal to the fourth place) of the total volume
of domestic sales of the class of tobacco product
during the base period for a fiscal year for an
assessment under this section.
(b) QUARTERLY ASSESSMENTS. --
(1) IMPOSITION OF ASSESSMENT. --The Secretary,
acting through the Commodity Credit Corporation,
shall impose quarterly assessments during each of
fiscal years 2005 through 2014, calculated in
accordance with this section, on each tobacco
product manufacturer and tobacco product importer
that sells tobacco products in domestic commerce in
the United States during that fiscal year.
(2) AMOUNTS. --Beginning with the calendar quarter
ending on December 31 of each of fiscal years 2005
through 2014, the assessment payments over each
four-calendar quarter period shall be sufficient to
cover --
(A) the contract payments made under sections 622
and 623 during that period; and
(B) other expenditures from the Tobacco Trust Fund
made during the base quarter periods corresponding
to the four calendar quarters of that period.
(3) DEPOSIT. --Assessments collected under this
section shall be deposited in the Tobacco Trust
Fund.
(c) ASSESSMENTS FOR CLASSES OF TOBACCO PRODUCTS. --
(1) INITIAL ALLOCATION. --The percentage of the
total amount required by subsection (b) to be
assessed against, and paid by, the manufacturers and
importers of each class of tobacco product in fiscal
year 2005 shall be as follows:
(A) For cigarette manufacturers and importers,
96.331 percent.
(B) For cigar manufacturers and importers, 2.783
percent.
(C) For snuff manufacturers and importers, 0.539
percent.
(D) For roll-your-own tobacco manufacturers and
importers, 0.171 percent.
(E) For chewing tobacco manufacturers and importers,
0.111 percent.
(F) For pipe tobacco manufacturers and importers,
0.066 percent.
(2) SUBSEQUENT ALLOCATIONS. --For subsequent fiscal
years, the Secretary shall periodically adjust the
percentage of the total amount required under
subsection (b) to be assessed against, and paid by,
the manufacturers and importers of each class of
tobacco product specified in paragraph (1) to
reflect changes in the share of gross domestic
volume held by that class of tobacco product.
(3) EFFECT OF INSUFFICIENT AMOUNTS. --If the
Secretary determines that the assessment imposed
under subsection (b) will result in insufficient
amounts to carry out this subtitle during a fiscal
year, the Secretary shall assess such additional
amounts as the Secretary determines to be necessary
to carry out this subtitle during that fiscal year.
The additional amount shall be allocated to
manufacturers and importers of each class of tobacco
product specified in paragraph (1) in the same
manner and based on the same percentages applicable
under paragraph (1) or (2) for that fiscal year.
(d) NOTIFICATION
AND
TIMING OF ASSESSMENTS. --
(1) NOTIFICATION OF ASSESSMENTS. --The Secretary
shall provide each manufacturer or importer subject
to an assessment under subsection (b) with written
notice setting forth the amount to be assessed
against the manufacturer or importer for each
quarterly payment period. The notice for a quarterly
period shall be provided not later than 30 days
before the date payment is due under paragraph (3).
(2) CONTENT. --The notice shall include the
following information with respect to the quarterly
period used by the Secretary in calculating the
amount:
(A) The total combined assessment for all
manufacturers and importers of tobacco products.
(B) The total assessment with respect to the class
of tobacco products manufactured or imported by the
manufacturer or importer.
(C) Any adjustments to the percentage allocations
among the classes of tobacco products made pursuant
to paragraph (2) or (3) of subsection (c).
(D) The volume of gross sales of the applicable
class of tobacco product treated as made by the
manufacturer or importer for purposes of calculating
the manufacturer's or importer's market share under
subsection (f).
(E) The total volume of gross sales of the
applicable class of tobacco product that the
Secretary treated as made by all manufacturers and
importers for purposes of calculating the
manufacturer's or importer's market share under
subsection (f).
(F) The manufacturer's or importer's market share of
the applicable class of tobacco product, as
determined by the Secretary under subsection (f).
(G) The market share, as determined by the Secretary
under subsection (f), of each other manufacturer and
importer, for each applicable class of tobacco
product.
(3) TIMING OF ASSESSMENT PAYMENTS. --
(A) COLLECTION DATE. --Assessments shall be
collected at the end of each calendar year quarter,
except that the Secretary shall ensure that the
final assessment due under this section is collected
not later than September 30, 2014.
(B) BASE PERIOD QUARTER. --The assessment for a
calendar year quarter shall correspond to the base
period quarter that ended at the end of the
preceding calendar year quarter.
(e) ALLOCATION OF ASSESSMENT WITHIN EACH CLASS OF
TOBACCO PRODUCT. --
(1) PRO RATA BASIS. --The assessment for each class
of tobacco product specified in subsection (c)(1)
shall be allocated on a pro rata basis among
manufacturers and importers based on each
manufacturer's or importer's share of gross domestic
volume.
(2) LIMITATION. --No manufacturer or importer shall
be required to pay an assessment that is based on a
share that is in excess of the manufacturer's or
importer's share of domestic volume.
(f) ALLOCATION OF TOTAL ASSESSMENTS BY MARKET SHARE.
--The amount of the assessment for each class of
tobacco product specified in subsection (c)(1) to be
paid by each manufacturer or importer of that class
of tobacco product shall be determined for each
quarterly payment period by multiplying --
(1) the market share of the manufacturer or
importer, as calculated with respect to that payment
period, of the class of tobacco product; by
(2) the total amount of the assessment for that
quarterly payment period under subsection (c), for
the class of tobacco product.
(g) DETERMINATION OF VOLUME OF DOMESTIC SALES. --
(1) IN GENERAL. --The calculation of the volume of
domestic sales of a class of tobacco product by a
manufacturer or importer, and by all manufacturers
and importers as a group, shall be made by the
Secretary based on information provided by the
manufacturers and importers pursuant to subsection
(h), as well as any other relevant information
provided to or obtained by the Secretary.
(2) GROSS DOMESTIC VOLUME. --The volume of domestic
sales shall be calculated based on gross domestic
volume.
(3) MEASUREMENT. --For purposes of the calculations
under this subsection and the certifications under
subsection (h) by the Secretary, the volumes of
domestic sales shall be measured by --
(A) in the case of cigarettes and cigars, the number
of cigarettes and cigars; and
(B) in the case of the other classes of tobacco
products specified in subsection (c)(1), in terms of
number of pounds, or fraction thereof, of those
products.
(h) MEASUREMENT OF VOLUME OF DOMESTIC SALES. --
(1) SUBMISSION OF INFORMATION. --Each manufacturer
and importer of tobacco products shall submit to the
Secretary a certified copy of each of the returns or
forms described by paragraph (2) that are required
to be filed with a Federal agency on the same date
that those returns or forms are filed, or required
to be filed, with the agency.
(2) RETURNS
AND
FORMS. --The returns and forms described by this
paragraph are those returns and forms that relate to
--
(A) the removal of tobacco products into domestic
commerce (as defined by section 5702 of the Internal
Revenue Code of 1986); and
(B) the payment of the taxes imposed under charter
52 of the Internal Revenue Code of 1986, including
AFT Form 5000.24 and United States Customs Form 7501
under currently applicable regulations.
(3) EFFECT OF FAILURE TO PROVIDE REQUIRED
INFORMATION. --Any person that knowingly fails to
provide information required under this subsection
or that provides false information under this
subsection shall be subject to the penalties
described in section 1003 of title 18, United States
Code. The Secretary may also assess against the
person a civil penalty in an amount not to exceed
two percent of the value of the kind of tobacco
products manufactured or imported by the person
during the fiscal year in which the violation
occurred, as determined by the Secretary.
(i) CHALLENGE TO ASSESSMENT. --
(1) APPEAL TO SECRETARY. --A manufacturer or
importer subject to this section may contest an
assessment imposed on the manufacturer or importer
under this section by notifying the Secretary, not
later than 30 business days after receiving the
assessment notification required by subsection (d),
that the manufacturer or importer intends to contest
the assessment.
(2) INFORMATION. --Not later than 180 days after the
date of the enactment of this title, the Secretary
shall establish by regulation a procedure under
which a manufacturer or importer contesting an
assessment under this subsection may present
information to the Secretary to demonstrate that the
assessment applicable to the manufacturer or
importer is incorrect. In challenging the
assessment, the manufacturer or importer may use any
information that is available, including third party
data on industry or individual company sales
volumes.
(3) REVISION. --If a manufacturer or importer
establishes that the initial determination of the
amount of an assessment is incorrect, the Secretary
shall revise the amount of the assessment so that
the manufacturer or importer is required to pay only
the amount correctly determined.
(4) TIME FOR REVIEW. --Not later than 30 days after
receiving notice from a manufacturer or importer
under paragraph (1), the Secretary shall --
(A) decide whether the information provided to the
Secretary under paragraph (2), and any other
information that the Secretary determines is
appropriate, is sufficient to establish that the
original assessment was incorrect; and
(B) make any revisions necessary to ensure that each
manufacturer and importer pays only its correct pro
rata share of total gross domestic volume from all
sources.
(5) IMMEDIATE PAYMENT OF UNDISPUTED AMOUNTS. --The
regulations promulgated by the Secretary under
paragraph (2) shall provide for the immediate
payment by a manufacturer or importer challenging an
assessment of that portion of the assessment that is
not in dispute. The manufacturer and importer may
place into escrow, in accordance with such
regulations, only the portion of the assessment
being challenged in good faith pending final
determination of the claim.
(j) JUDICIAL REVIEW. --
(1) IN GENERAL. --Any manufacturer or importer
aggrieved by a determination of the Secretary with
respect to the amount of any assessment may seek
review of the determination in the United States
District Court for the District of Columbia or for
the district in which the manufacturer or importer
resides or has its principal place of business at
any time following exhaustion of the administrative
remedies available under subsection (i).
(2) TIME LIMITS. --Administrative remedies shall be
deemed exhausted if no decision by the Secretary is
made within the time limits established under
subsection (i)(4).
(3) EXCESSIVE ASSESSMENTS. --The court shall
restrain collection of the excessive portion of any
assessment or order a refund of excessive
assessments already paid, along with interest
calculated at the rate prescribed in section 3717 of
title 31, United States Code, if it finds that the
Secretary's determination is not supported by a
preponderance of the information available to the
Secretary.
(k) TERMINATION DATE. --The authority provided by
this section to impose assessments terminates on
September 30, 2014.
SEC
. 626. TOBACCO TRUST FUND.
(a) ESTABLISHMENT. --There is established in the
Commodity Credit Corporation a revolving trust fund,
to be known as the "Tobacco Trust Fund",
which shall be used in carrying out this subtitle.
The Tobacco Trust Fund shall consist of the
following:
(1) Assessments collected under section 625.
(2) Such amounts as are necessary from the Commodity
Credit Corporation.
(3) Any interest earned on investment of amounts in
the Tobacco Trust Fund under subsection (c).
(b) EXPENDITURES. --
(1) AUTHORIZED EXPENDITURES. --Subject to paragraph
(2), and notwithstanding any other provision of law,
the Secretary shall use amounts in the Tobacco Trust
Fund, in such amounts as the Secretary determines
are necessary --
(A) to make payments under sections 622 and 623;
(B) to provide reimbursement under section 641(c);
(C) to reimburse the Commodity Credit Corporation
for costs incurred by the Commodity Credit
Corporation under paragraph (2); and
(D) to make payments to financial institutions to
satisfy contractual obligations under section 622 or
623.
(2) EXPENDITURES BY COMMODITY CREDIT CORPORATION.
--Notwithstanding any other provision of law, the
Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to
make payments described in paragraph (1). Not later
than January 1, 2015, the Secretary shall use
amounts in the Tobacco Trust Fund to fully
reimburse, with interest, the Commodity Credit
Corporation for all funds of the Commodity Credit
Corporation expended under the authority of this
paragraph. Administrative costs incurred by the
Secretary or the Commodity Credit Corporation to
carry out this title may not be paid using amounts
in the Tobacco Trust Fund.
(c) INVESTMENT OF AMOUNTS. --
(1) IN GENERAL. --The Commodity Credit Corporation
shall invest such portion of the amounts in the
Tobacco Trust Fund as are not, in the judgment of
the Commodity Credit Corporation, required to meet
current expenditures.
(2) INTEREST-BEARING OBLIGATIONS. --Investments may
be made only in interest-bearing obligations of the
United States.
(3) ACQUISITION OF OBLIGATIONS. --For the purpose of
investments under paragraph (1), obligations may be
acquired --
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) SALE OF OBLIGATIONS. --Any obligation acquired
by the Tobacco Trust Fund may be sold by the
Commodity Credit Corporation at the market price.
(5) CREDITS TO FUND. --The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Tobacco Trust Fund shall be
credited to and form a part of the Fund.
SEC
. 627. LIMITATION ON TOTAL EXPENDITURES.
The total amount expended by the Secretary from the
Tobacco Trust Fund to make payments under sections
622 and 623 and for the other authorized purposes of
the Fund shall not exceed $10,140,000,000.
Subtitle
C --Implementation and Transition
SEC
. 641. TREATMENT OF TOBACCO LOAN
POOL
STOCKS
AND
OUTSTANDING LOAN COSTS.
(a) DISPOSAL OF STOCKS. --To provide for the orderly
disposition of quota tobacco held by an association
that has entered into a loan agreement with the
Commodity Credit Corporation under section 106A or
106B of the Agricultural Act of 1949 (7 U.S.C.
1445-1, 1445-2) (referred to in this section as an
"association"), loan pool stocks for each
kind of tobacco held by the association shall be
disposed of in accordance with this section.
(b) DISPOSAL BY ASSOCIATIONS. --For each kind of
tobacco held by an association, the association
shall be responsible for the disposal of a specific
quantity of the loan pool stocks for that kind of
tobacco held by the association. The quantity
transferred to the association for disposal shall be
equal to the quantity determined by dividing --
(1) the amount of funds held by the association in
the No Net Cost Tobacco Fund and the No Net Cost
Tobacco Account established under sections 106A and
106B of the Agricultural Act of 1949 (7 U.S.C.
1445-1, 1445-2) for the kind of tobacco; by
(2) the average list price per pound for the kind of
tobacco, as determined by the Secretary.
(c) DISPOSAL OF REMAINDER BY COMMODITY CREDIT
CORPORATION. --
(1) DISPOSAL. --Any loan pool stocks of a kind of
tobacco of an association that are not transferred
to the association under subsection (b) for disposal
shall be disposed of by Commodity Credit Corporation
in a manner determined by the Secretary.
(2) REIMBURSEMENT. --As required by section
626(b)(1)(B), the Secretary shall transfer from the
Tobacco Trust Fund to the No Net Cost Tobacco Fund
or the No Net Cost Tobacco Account of an association
established under section 106A or 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445-1, 1445-2)
such amounts as the Secretary determines will be
adequate to reimburse the Commodity Credit
Corporation for any net losses that the Corporation
may sustain under its loan agreements with the
association.
(d) TRANSFER OF REMAINING NO
NET
COST
FUNDS. --Any funds in the No Net Cost Tobacco Fund
or the No Net Cost Tobacco Account of an association
established under sections 106A and 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445-1, 1445-2)
that remain after the application of subsections (b)
and (c) shall be transferred to the association for
distribution to producers of quota tobacco in
accordance with a plan approved by the Secretary.
SEC
. 642. REGULATIONS.
(a) IN GENERAL. --The Secretary may promulgate such
regulations as are necessary to implement this title
and the amendments made by this title.
(b) PROCEDURE. --The promulgation of the regulations
and administration of this title and the amendments
made by this title shall be made without regard to
--
(1) the notice and comment provisions of section 553
of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the "Paperwork Reduction
Act").
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. --In
carrying out this section, the Secretary shall use
the authority provided under section 808 of title 5,
United States Code.
SEC
. 643. EFFECTIVE DATE.
This title and the amendments made by this title
shall apply to the 2005 and subsequent crops of each
kind of tobacco.
TITLE
VII
--MISCELLANEOUS PROVISIONS
SEC
. 701. BROWNFIELDS DEMONSTRATION PROGRAM FOR
QUALIFIED GREEN BUILDING
AND
SUSTAINABLE DESIGN PROJECTS.
(a) TREATMENT AS EXEMPT FACILITY BOND. --Subsection
(a) of section 142 (relating to the definition of
exempt facility bond) is amended by striking
"or" at the end of paragraph (12), by
striking the period at the end of paragraph (13) and
inserting ", or", and by inserting at the
end the following new paragraph:
"(14)
qualified green building and sustainable design
projects.".
(b) QUALIFIED GREEN BUILDING
AND
SUSTAINABLE DESIGN PROJECTS. --Section 142 (relating
to exempt facility bonds) is amended by adding at
the end thereof the following new subsection:
"(l)
QUALIFIED GREEN BUILDING
AND
SUSTAINABLE DESIGN PROJECTS. --
"(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
AND
TECHNOLOGY INNOVATION OBJECTIVES. --The Secretary,
after consultation with the Administrator of the
Environmental Protection Agency, shall ensure that,
in the aggregate, the projects designated shall --
"(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
AND
SUSTAINABLE DESIGN. --At least 75 percent of the
square footage of commercial buildings which are
part of the project is registered for United States
Green Building Council's LEED certification and is
reasonably expected (at the time of the designation)
to receive such certification. For purposes of
determining LEED certification as required under
this clause, points shall be credited by using the
following:
"(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.
"(
III
) For composite wood products, certification under
standards established by the American National
Standards Institute, or such other voluntary
standards as published in the Federal Register by
the Administrator of the Environmental Protection
Agency.
"(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
AND
LOCAL SUPPORT. --The project receives specific State
or local government resources which will support the
project in an amount equal to at least $5,000,000.
For purposes of the preceding sentence, the term
'resources' includes tax abatement benefits and
contributions in kind.
"(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).
"(
III
) The purchase, remediation, and foundation
construction and preparation of the brownfields
site.
"(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)
NET
BENEFIT OF TAX-EXEMPT FINANCING. --The term 'net
benefit of tax-exempt financing' means the present
value of the interest savings (determined by a
calculation established by the Secretary) which
result from the tax-exempt status of the bonds.
"(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
September 30, 2009
.
"(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
October 1, 2009
, if --
"(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).".
(c) EXEMPTION FROM GENERAL STATE VOLUME
CAPS
. --Paragraph (3) of section 146(g) (relating to
exception for certain bonds) is amended --
(1) by striking "or (13)" and inserting
"(13), or (14)", and
(2) by striking "and qualified public
educational facilities" and inserting
"qualified public educational facilities, and
qualified green building and sustainable design
projects".
(d) ACCOUNTABILITY. --Each issuer shall maintain, on
behalf of each project, an interest bearing reserve
account equal to 1 percent of the net proceeds of
any bond issued under this section for such project.
Not later than 5 years after the date of issuance,
the Secretary of the Treasury, after consultation
with the Administrator of the Environmental
Protection Agency, shall determine whether the
project financed with such bonds has substantially
complied with the terms and conditions described in
section 142(l)(4) of the Internal Revenue Code of
1986 (as added by this section). If the Secretary,
after such consultation, certifies that the project
has substantially complied with such terms and
conditions and meets the commitments set forth in
the application for such project described in
section 142(l)(4) of such Code, amounts in the
reserve account, including all interest, shall be
released to the project. If the Secretary determines
that the project has not substantially complied with
such terms and conditions, amounts in the reserve
account, including all interest, shall be paid to
the United States Treasury.
(e) EFFECTIVEDATE. --The amendments made by this
section shall apply to bonds issued after
December 31, 2004
.
SEC
. 702. EXCLUSION OF GAIN OR LOSS ON SALE OR
EXCHANGE OF CERTAIN BROWNFIELD SITES FROM UNRELATED
BUSINESS TAXABLE INCOME.
(a) IN GENERAL. --Subsection (b) of section 512
(relating to unrelated business taxable income) is
amended by adding at the end the following new
paragraph:
"(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
"(
III
) the result of a reorganization of a business
entity which was so potentially liable.
"(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.
"(
III
) A remediation plan has been implemented to bring
the property into compliance with all applicable
local, State, and Federal environmental laws,
regulations, and standards and to ensure that the
remediation protects human health and the
environment.
"(IV)
The remediation plan described in subclause (
III
), including any physical improvements required to
remediate the property, is either complete or
substantially complete, and, if substantially
complete, sufficient monitoring, funding,
institutional controls, and financial assurances
have been put in place to ensure the complete
remediation of the property in accordance with the
remediation plan as soon as is reasonably
practicable after the sale, exchange, or other
disposition of such property.
"(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,
"(
III
) to obtain environmental regulatory certifications
and approvals required to manage the remediation and
monitoring of the hazardous substance, pollutant, or
contaminant on the property, and
"(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,
"(
III
) any amount paid or incurred to the extent such
amount is reimbursed, funded, or otherwise
subsidized by grants provided by the United States,
a State, or a political subdivision of a State for
use in connection with the property, proceeds of an
issue of State or local government obligations used
to provide financing for the property the interest
of which is exempt from tax under section 103, or
subsidized financing provided (directly or
indirectly) under a Federal, State, or local program
provided in connection with the property, or
"(IV)
any expenditure paid or incurred before the date of
the enactment of this paragraph.
For
purposes of subclause (
III
), the Secretary may issue guidance regarding the
treatment of government-provided funds for purposes
of determining eligible remediation expenditures.
"(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
) is not an organization which would be prevented
from constituting an eligible taxpayer by reason of
subparagraph (B)(ii).
"(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
December 31, 2009
.".
(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
December 31, 2004
.
SEC
.
703. CIVIL RIGHTS TAX RELIEF.
(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,
ETC
. --Any deduction allowable under this chapter for
attorney fees and court costs paid by, or on behalf
of, the taxpayer in connection with any action
involving a claim of unlawful discrimination (as
defined in subsection (e)) or a claim of a violation
of subchapter
III
of chapter 37 of title 31, United States Code or a
claim made under section 1862(b)(3)(A) of the Social
Security Act (42 U.S.C. 1395y(b)(3)(A)). The
preceding sentence shall not apply to any deduction
in excess of the amount includible in the taxpayer's
gross income for the taxable year on account of a
judgment or settlement (whether by suit or agreement
and whether as lump sum or periodic payments)
resulting from such claim.".
(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.".
(c) EFFECTIVE DATE. --The amendments made by this
section shall apply to fees and costs paid after the
date of the enactment of this Act with respect to
any judgment or settlement occurring after such
date.
SEC
. 704. MODIFICATION OF CLASS
LIFE
FOR CERTAIN TRACK FACILITIES.
(a) 7-YEAR PROPERTY. --Subparagraph (C) of section
168(e)(3) (relating to classification of certain
property) is amended by redesignating clause (ii) as
clause (iii) and by inserting after clause (i) the
following new clause:
"(ii)
any motorsports entertainment complex, and".
(b) DEFINITION. --Section 168(i) (relating to
definitions and special rules) is amended by adding
at the end the following new paragraph:
"(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
AND
SUPPORT FACILITIES. --Such term shall include, if
owned by the taxpayer who owns the complex and
provided for the benefit of patrons of the complex
--
"(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
December 31, 2007
.".
(c) EFFECTIVE DATE. --
(1) IN GENERAL. --The amendments made by this
section shall apply to any property placed in
service after the date of the enactment of this Act.
(2) SPECIAL RULE FOR ASSET CLASS 80.0. --In the case
of race track facilities placed in service after the
date of the enactment of this Act, such facilities
shall not be treated as theme and amusement
facilities classified under asset class 80.0.
(3) NO INFERENCE. --Nothing in this section or the
amendments made by this section shall be construed
to affect the treatment of property placed in
service on or before the date of the enactment of
this Act.
SEC
. 705. SUSPENSION OF POLICYHOLDERS SURPLUS
ACCOUNT PROVISIONS.
(a) DISTRIBUTIONS TO SHAREHOLDERS FROM
PRE
-1984 POLICYHOLDERS SURPLUS ACCOUNT. --Section 815
(relating to distributions to shareholders from
pre-1984 policyholders surplus account) is amended
by adding at the end the following:
"(g) SPECIAL RULES APPLICABLE DURING 2005
AND
2006. --In the case of any taxable year of a stock
life insurance company beginning after
December 31, 2004
, and before
January 1, 2007
--
"(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.".
(b) EFFECTIVE DATE. --The amendment made by this
section shall apply to taxable years beginning after
December 31, 2004
.
SEC
. 706. CERTAIN ALASKA NATURAL
GAS
PIPELINE PROPERTY TREATED AS 7-YEAR PROPERTY.
(a) IN GENERAL. --Section 168(e)(3)(C) (defining
7-year property), as amended by this Act, is amended
by striking "and" at the end of clause
(ii), by redesignating clause (iii) as clause (iv),
and by inserting after clause (ii) the following new
clause:
"(iii)
any Alaska natural gas pipeline, and".
(b) ALASKA NATURAL
GAS
PIPELINE. --Section 168(i) (relating to definitions
and special rules), as amended by this Act, is
amended by inserting after paragraph (15) the
following new paragraph:
"(16)
ALASKA NATURAL
GAS
PIPELINE. --The term 'Alaska natural gas pipeline'
means the natural gas pipeline system located in the
State of Alaska which --
"(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
December 31, 2013
, or
"(ii)
treated as placed in service on
January 1, 2014
, if the taxpayer who places such system in service
before
January 1, 2014
, elects such treatment.
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) ALTERNATIVE SYSTEM. --The table contained in
section 168(g)(3)(B) (relating to special rule for
certain property assigned to classes) is amended by
inserting after the item relating to subparagraph (C)(ii)
the following new item:
"(C)(iii) ................................................................. 22".
(d) EFFECTIVE DATE. --The amendments made by this
section shall apply to property placed in service
after
December 31, 2004
.
SEC
. 707. EXTENSION OF ENHANCED
OIL
RECOVERY CREDIT TO CERTAIN ALASKA FACILITIES.
(a) IN GENERAL. --Section 43(c)(1) (defining
qualified enhanced oil recovery costs) is amended by
adding at the end the following new subparagraph:
"(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.".
(b) ALASKA NATURAL
GAS
. --Section 43(c) is amended by adding at the end
the following new paragraph:
"(5)
ALASKA NATURAL
GAS
. --For purposes of paragraph (1)(D) --
"(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
GAS
. --The term 'natural gas' has the meaning given
such term by section 613A(e)(2).".
(c) EFFECTIVE DATE. --The amendment made by this
section shall apply to costs paid or incurred in
taxable years beginning after December 31, 2004.
SEC
. 708. METHOD OF ACCOUNTING FOR NAVAL
SHIPBUILDERS.
(a) IN GENERAL. --In the case of a qualified naval
ship contract, the taxable income of such contract
during the 5-taxable year period beginning with the
taxable year in which the contract commencement date
occurs shall be determined under a method identical
to the method used in the case of a qualified ship
contract (as defined in section 10203(b)(2)(B) of
the Revenue Act of 1987).
(b) RECAPTURE OF TAX BENEFIT. --In the case of a
qualified naval ship contract to which subsection
(a) applies, the taxpayer's tax imposed by chapter 1
of the Internal Revenue Code of 1986 for the first
taxable year following the 5-taxable year period
described in subsection (a) shall be increased by
the excess (if any) of --
(1) the amount of tax which would have been imposed
during such period if this section had not been
enacted, over
(2) the amount of tax so imposed during such period.
(c) QUALIFIED NAVAL SHIP CONTRACT. --For purposes of
this section:
(1) IN GENERAL. --The term "qualified naval
ship contract" means any contract or portion
thereof that is for the construction in the United
States of 1 ship or submarine for the Federal
Government if the taxpayer reasonably expects the
acceptance date will occur no later than 9 years
after the construction commencement date.
(2) ACCEPTANCE DATE. --The term "acceptance
date" means the date 1 year after the date on
which the Federal Government issues a letter of
acceptance or other similar document for the ship or
submarine.
(3) CONSTRUCTION COMMENCEMENT DATE. --The term
"construction commencement date" means the
date on which the physical fabrication of any
section or component of the ship or submarine begins
in the taxpayer's shipyard.
(d) EFFECTIVE DATE. --This section shall apply to
contracts for ships or submarines with respect to
which the construction commencement date occurs
after the date of the enactment of this Act.
SEC
. 709. MODIFICATION OF MINIMUM
COST
REQUIREMENT FOR TRANSFER OF EXCESS PENSION ASSETS.
(a) AMENDMENTS OF ERISA. --
(1) Section 101(e)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021(e)(3))
is amended by striking "Pension Funding Equity
Act of 2004" and inserting "American Jobs
Creation Act of 2004".
(2) Section 403(c)(1) of such Act (29 U.S.C.
1103(c)(1)) is amended by striking "Pension
Funding Equity Act of 2004" and inserting
"American Jobs Creation Act of 2004".
(3) Paragraph (13) of section 408(b) of such Act (29
U.S.C. 1108(b)(3)) is amended by striking
"Pension Funding Equity Act of 2004" and
inserting "American Jobs Creation Act of
2004".
(b) MINIMUM
COST
REQUIREMENTS. --
(1) IN GENERAL. --Section 420(c)(3)(E) is amended by
adding at the end the following new clause:
"(ii)
INSIGNIFICANT
COST
REDUCTIONS PERMITTED. --
"(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.".
(2) CONFORMING AMENDMENT. --Section 420(c)(3)(E) is
amended by striking "The Secretary" and
inserting:
"(i)
IN GENERAL. --The Secretary".
(3) EFFECTIVE DATE. --The amendments made by this
subsection shall apply to taxable years ending after
the date of the enactment of this Act.
SEC
. 710. EXPANSION OF CREDIT FOR ELECTRICITY
PRODUCED FROM CERTAIN RENEWABLE RESOURCES.
(a) EXPANSION OF QUALIFIED ENERGY RESOURCES.
--Subsection (c) of section 45 (relating to
electricity produced from certain renewable
resources) is amended to read as follows:
"(c) QUALIFIED ENERGY RESOURCES
AND
REFINED COAL. --For purposes of this section:
"(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
"(
III
) agriculture sources, including orchard tree crops,
vineyard, grain, legumes, sugar, and other crop
by-products or residues.
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
January 1, 2003
.".
(b) EXPANSION OF QUALIFIED FACILITIES. --
(1) IN GENERAL. --Section 45 is amended by
redesignating subsection (d) as subsection (e) and
by inserting after subsection (c) the following new
subsection:
"(d) QUALIFIED FACILITIES. --For purposes of
this section:
"(1)
WIND
FACILITY. --In the case of a facility using wind to
produce electricity, the term 'qualified facility'
means any facility owned by the taxpayer which is
originally placed in service after
December 31, 1993
, and before
January 1, 2006
.
"(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
December 31, 1992
, and before
January 1, 2006
, or
"(ii)
owned by the taxpayer which before
January 1, 2006
, is originally placed in service and modified to
use closed-loop biomass to co-fire with coal, with
other biomass, or with both, but only if the
modification is approved under the Biomass Power for
Rural Development Programs or is part of a pilot
project of the Commodity Credit Corporation as
described in 65 Fed. Reg. 63052.
"(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
January 1, 2006
, and
"(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
January 1, 2006
.
"(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
January 1, 2006
. Such term shall not include any property described
in section 48(a)(3) the basis of which is taken into
account by the taxpayer for purposes of determining
the energy credit under section 48.
"(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
January 1, 2006
.
"(6)
LANDFILL
GAS
FACILITIES. --In the case of a facility producing
electricity from gas derived from the biodegradation
of municipal solid waste, 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
January 1, 2006
.
"(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
January 1, 2006
.
"(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
January 1, 2009
.".
(2) RULES FOR REFINED COAL PRODUCTION FACILITIES.
--Subsection (e) of section 45, as so redesignated,
is amended by adding at the end the following new
paragraph:
"(8) REFINED COAL PRODUCTION FACILITIES. --
"(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.".
(3) CONFORMING AMENDMENTS. --
(A) Section 45(e), as so redesignated, is amended by
striking "subsection (c)(3)(A)" in
paragraph (7)(A)(i) and inserting "subsection
(d)(1)".
(B) The heading of section 45 and the item relating
to such section in the table of sections for subpart
D of part IV of subchapter A of chapter 1 are each
amended by inserting before the period at the end
", etc".
(C) Paragraph (2) of section 45(b) is amended by
striking "The 1.5 cent amount" and all
that follows through "paragraph (1)" and
inserting "The 1.5 cent amount in subsection
(a), the 8 cent amount in paragraph (1), the $4.375
amount in subsection (e)(8)(A), and in subsection
(e)(8)(B)(i) the reference price of fuel used as a
feedstock (within the meaning of subsection
(c)(7)(A)) in 2002".
(c) SPECIAL CREDIT
RATE
AND
PERIOD FOR ELECTRICITY PRODUCED
AND
SOLD AFTER ENACTMENT DATE. --Section 45(b) is
amended by adding at the end the following new
paragraph:
"(4)
CREDIT
RATE
AND
PERIOD FOR ELECTRICITY PRODUCED
AND
SOLD FROM CERTAIN FACILITIES. --
"(A)
CREDIT
RATE
. --In the case of electricity produced and sold in
any calendar year after 2003 at any qualified
facility described in paragraph (3), (5), (6), or
(7) of subsection (d), the amount in effect under
subsection (a)(1) for such calendar year (determined
before the application of the last sentence of
paragraph (2) of this subsection) shall be reduced
by one-half.
"(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).".
(d) COORDINATION WITH OTHER CREDITS. --Section
45(e), as redesignated and amended by this section,
is amended by inserting after paragraph (8) the
following new paragraph:
"(9)
COORDINATION WITH CREDIT FOR PRODUCING
FUEL
FROM A NONCONVENTIONAL SOURCE. --The term 'qualified
facility' shall not include any facility the
production from which is allowed as a credit under
section 29 for the taxable year or any prior taxable
year.".
(e) COORDINATION WITH SECTION 48. --Section 48(a)(3)
(defining energy property) is amended by adding at
the end the following new sentence: "Such term
shall not include any property which is part of a
facility the production from which is allowed as a
credit under section 45 for the taxable year or any
prior taxable year.".
(f) ELIMINATION OF CERTAIN CREDIT REDUCTIONS.
--Section 45(b)(3) (relating to credit reduced for
grants, tax-exempt bonds, subsidized energy
financing, and other credits) is amended --
(1) by inserting "the lesser of 1/2 or"
before "a fraction" in the matter
preceding subparagraph (A), and
(2) by adding at the end the following new sentence:
"This paragraph shall not apply with respect to
any facility described in subsection (d)(2)(A)(ii).".
(g) EFFECTIVE DATES. --
(1) IN GENERAL. --Except as otherwise provided in
this subsection, the amendments made by this section
shall apply to electricity produced and sold after
the date of the enactment of this Act, in taxable
years ending after such date.
(2) CERTAIN BIOMASS FACILITIES. --With respect to
any facility described in section 45(d)(3)(A)(ii) of
the Internal Revenue Code of 1986, as added by
subsection (b)(1), which is placed in service before
the date of the enactment of this Act, the
amendments made by this section shall apply to
electricity produced and sold after December 31,
2004, in taxable years ending after such date.
(3) CREDIT
RATE
AND
PERIOD FOR
NEW
FACILITIES. --The amendments made by subsection (c)
shall apply to electricity produced and sold after
December 31, 2004, in taxable years ending after
such date.
(4) NONAPPLICATION OF AMENDMENTS TO PREEFFECTIVE
DATE POULTRY WASTE FACILITIES. --The amendments made
by this section shall not apply with respect to any
poultry waste facility (within the meaning of
section 45(c)(3)(C), as in effect on the day before
the date of the enactment of this Act) placed in
service before January 1, 2004.
(5) REFINED COAL PRODUCTION FACILITIES. --Section
45(e)(8) of the Internal Revenue Code of 1986, as
added by this section, shall apply to refined coal
produced and sold after the date of the enactment of
this Act.
SEC
. 711. CERTAIN BUSINESS RELATED CREDITS ALLOWED
AGAINST REGULAR
AND
MINIMUM TAX.
(a) IN GENERAL. --Subsection (c) of section 38
(relating to limitation based on amount of tax) is
amended by redesignating paragraph (4) as paragraph
(5) and by inserting after paragraph (3) the
following new paragraph:
"(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
December 31, 2004
, the credit determined under section 40,
"(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".
(b) CONFORMING AMENDMENTS. --Paragraph (2)(A)(ii)(II)
and (3)(A)(ii)(II) of section 38(c) are each amended
by inserting "or the specified credits"
after "employee credit".
(c) EFFECTIVE DATE. --Except as otherwise provided,
the amendments made by this section shall apply to
taxable years ending after the date of the enactment
of this Act.
SEC
. 712. INCLUSION OF PRIMARY
AND
SECONDARY MEDICAL STRATEGIES FOR CHILDREN
AND
ADULTS WITH SICKLE
CELL
DISEASE AS MEDICAL ASSISTANCE UNDER THE MEDICAID
PROGRAM.
(a) OPTIONAL MEDICAL ASSISTANCE. --
(1) IN GENERAL. --Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended --
(A) in subsection (a) --
(i) by striking "and" at the end of
paragraph (26);
(ii) by redesignating paragraph (27) as paragraph
(28); and
(iii) by inserting after paragraph (26), the
following:
"(27) subject to subsection (x), primary and
secondary medical strategies and treatment and
services for individuals who have Sickle Cell
Disease; and"; and
(B) by adding at the end the following:
"(x) For purposes of subsection (a)(27), the
strategies, treatment, and services described in
that subsection include the following:
PL,
P.L. 108-357, American Jobs Creation Act of
2004, Enrolled, , (October 21, 2004), Part 03
of 04
|
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.".
(2) RULE OF CONSTRUCTION. --Nothing in subsections
(a)(27) or (x) of section 1905 of the Social
Security Act (42 U.S.C. 1396d), as added by
paragraph (1), shall be construed as implying that a
State medicaid program under title XIX of such Act
could not have treated, prior to the date of
enactment of this Act, any of the primary and
secondary medical strategies and treatment and
services described in such subsections as medical
assistance under such program, including as early
and periodic screening, diagnostic, and treatment
services under section 1905(r) of such Act.
(b) FEDERAL REIMBURSEMENT FOR EDUCATION
AND
OTHER SERVICES RELATED TO THE PREVENTION
AND
TREATMENT OF SICKLE
CELL
DISEASE. --Section 1903(a)(3) of the Social Security
Act (42 U.S.C. 1396b(a)(3)) is amended --
(1) in subparagraph (D), by striking
"plus" at the end and inserting
"and"; and
(2) by adding at the end the following:
"(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".
(c) DEMONSTRATION PROGRAM FOR THE DEVELOPMENT
AND
ESTABLISHMENT OF SYSTEMIC MECHANISMS FOR THE
PREVENTION
AND
TREATMENT OF SICKLE
CELL
DISEASE. --
(1) AUTHORITY TO CONDUCT DEMONSTRATION PROGRAM. --
(A) IN GENERAL. --The Administrator, through the
Bureau of Primary Health Care and the Maternal and
Child Health Bureau, shall conduct a demonstration
program by making grants to up to 40 eligible
entities for each fiscal year in which the program
is conducted under this section for the purpose of
developing and establishing systemic mechanisms to
improve the prevention and treatment of Sickle Cell
Disease, including through --
(i) the coordination of service delivery for
individuals with Sickle Cell Disease;
(ii) genetic counseling and testing;
(iii) bundling of technical services related to the
prevention and treatment of Sickle Cell Disease;
(iv) training of health professionals; and
(v) identifying and establishing other efforts
related to the expansion and coordination of
education, treatment, and continuity of care
programs for individuals with Sickle Cell Disease.
(B) GRANT AWARD REQUIREMENTS. --
(i) GEOGRAPHIC DIVERSITY. --The Administrator shall,
to the extent practicable, award grants under this
section to eligible entities located in different
regions of the United States.
(ii) PRIORITY. --In awarding grants under this
subsection, the Administrator shall give priority to
awarding grants to eligible entities that are --
(I) Federally-qualified health centers that have a
partnership or other arrangement with a
comprehensive Sickle Cell Disease treatment center
that does not receive funds from the National
Institutes of Health; or
(II) Federally-qualified health centers that intend
to develop a partnership or other arrangement with a
comprehensive Sickle Cell Disease treatment center
that does not receive funds from the National
Institutes of Health.
(2) ADDITIONAL REQUIREMENTS. --An eligible entity
awarded a grant under this subsection shall use
funds made available under the grant to carry out,
in addition to the activities described in paragraph
(1)(A), the following activities:
(A) To facilitate and coordinate the delivery of
education, treatment, and continuity of care for
individuals with Sickle Cell Disease under --
(i) the entity's collaborative agreement with a
community-based Sickle Cell Disease organization or
a nonprofit entity that works with individuals who
have Sickle Cell Disease;
(ii) the Sickle Cell Disease newborn screening
program for the State in which the entity is
located; and
(iii) the maternal and child health program under
title V of the Social Security Act (42 U.S.C. 701 et
seq.) for the State in which the entity is located.
(B) To train nursing and other health staff who
provide care for individuals with Sickle Cell
Disease.
(C) To enter into a partnership with adult or
pediatric hematologists in the region and other
regional experts in Sickle Cell Disease at tertiary
and academic health centers and State and county
health offices.
(D) To identify and secure resources for ensuring
reimbursement under the medicaid program, State
children's health insurance program, and other
health programs for the prevention and treatment of
Sickle Cell Disease.
(3) NATIONAL COORDINATING CENTER. --
(A) ESTABLISHMENT. --The Administrator shall enter
into a contract with an entity to serve as the
National Coordinating Center for the demonstration
program conducted under this subsection.
(B) ACTIVITIES DESCRIBED. --The National
Coordinating Center shall --
(i) collect, coordinate, monitor, and distribute
data, best practices, and findings regarding the
activities funded under grants made to eligible
entities under the demonstration program;
(ii) develop a model protocol for eligible entities
with respect to the prevention and treatment of
Sickle Cell Disease;
(iii) develop educational materials regarding the
prevention and treatment of Sickle Cell Disease; and
(iv) prepare and submit to Congress a final report
that includes recommendations regarding the
effectiveness of the demonstration program conducted
under this subsection and such direct outcome
measures as --
(I) the number and type of health care resources
utilized (such as emergency room visits, hospital
visits, length of stay, and physician visits for
individuals with Sickle Cell Disease); and
(II) the number of individuals that were tested and
subsequently received genetic counseling for the
sickle cell trait.
(4) APPLICATION. --An eligible entity desiring a
grant under this subsection shall submit an
application to the Administrator at such time, in
such manner, and containing such information as the
Administrator may require.
(5) DEFINITIONS. --In this subsection:
(A) ADMINISTRATOR. --The term
"Administrator" means the Administrator of
the Health Resources and Services Administration.
(B) ELIGIBLE ENTITY. --The term "eligible
entity" means a Federally-qualified health
center, a nonprofit hospital or clinic, or a
university health center that provides primary
health care, that --
(i) has a collaborative agreement with a
community-based Sickle Cell Disease organization or
a nonprofit entity with experience in working with
individuals who have Sickle Cell Disease; and
(ii) demonstrates to the Administrator that either
the Federally-qualified health center, the nonprofit
hospital or clinic, the university health center,
the organization or entity described in clause (i),
or the experts described in paragraph (2)(C), has at
least 5 years of experience in working with
individuals who have Sickle Cell Disease.
(C) FEDERALLY-QUALIFIED HEALTH CENTER. --The term
"Federally-qualified health center" has
the meaning given that term in section 1905(l)(2)(B)
of the Social Security Act (42 U.S.C.
1396d(l)(2)(B)).
(6) AUTHORIZATION OF APPROPRIATIONS. --There is
authorized to be appropriated to carry out this
subsection, $10,000,000 for each of fiscal years
2005 through 2009.
(d) EFFECTIVE DATE. --The amendments made by
subsections (a) and (b) take effect on the date of
enactment of this Act and apply to medical
assistance and services provided under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) on
or after that date.
SEC
. 713. CEILING FANS.
(a) IN GENERAL. --Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is
amended by inserting in numerical sequence the
following new heading:
" 9902.84.14Ceiling fans for permanent
installation (provided for in On or
subheading 8414.51.00) .......FreeNo change No change before
12/31/2006
".
(b) EFFECTIVE DATE. --The amendment made by this
section applies to goods entered, or withdrawn from
warehouse, for consumption on or after the 15th day
after the date of enactment of this Act.
SEC
. 714. CERTAIN STEAM GENERATORS,
AND
CERTAIN REACTOR VESSEL HEADS
AND
PRESSURIZERS, USED IN NUCLEAR FACILITIES.
(a) CERTAIN STEAM GENERATORS. --Heading 9902.84.02
of the Harmonized Tariff Schedule of the United
States is amended by striking "12/31/2006"
and inserting "12/31/2008".
(b) CERTAIN REACTOR VESSEL HEADS
AND
PRESSURIZERS. --Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is
amended by inserting in numerical sequence the
following new heading:
" 9902.84.03Reactor vessel heads and
pressurizers for nuclear
reactors (provided for in On or
subheading 8401.40.00) .......FreeNo change No change before
12/31/2008
".
(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.
|